Mr. Haresh Motirale Vs J.Raheja Corp. Pvt Ltd .
Order dated : February 6,2019
The Complainant in the Present case is an allottee of an apartment and Respondent is Promoter of Raheja Vista, Powai. The Complainants contention was that though the Promoter is under obligation to register the Project, he has not registered the same in accordance with the provisions of RERA.
The Respondent submitted that he has completed the construction of the building and even received Completion Certificate on July 31, 2017; therefore, his building is not coming within the purview of the said Act, as he has received the completion certificate before the time period, allowed under the said Act to apply for on-going projects, got over. The Respondent is contending that he could not have applied for registration declaring a time period for completion of the project as per section 4 and 5, as his project was already completed. Therefore, he has argued that his Project is not liable for registration.
During the pleadings it was clear that since the promoter has completed the real estate project as defined under section 2(zn) by completing the development as mandated by the competent planning authority and obtained Completion Certificate, the real estate project has ceased to be a Project and has become a Developed building. Therefore, the mandatory compliance prescribed under Sec. 4 of the said Act cannot be insisted upon, particularly time limit prescribed for completion of the project, opening of bank account, etc.
Tribunal Order : Registration of the project stands disposed off.