Omprakash Jain V/s Dilwar Nensey, Jt Managing Director of Royal Palms (India) Pvt. Ltd.
Source complaint no. SC10000339
Order : August 02, 2019
The present Complaint pertains to non registration of the building named ‘Orchid Road Mall B-Wing CHS Ltd’. The Complainant states that he is an allottee of the said building and residing therein and despite having paid the complete consideration amount, the Respondent has failed, to not only execute the registration agreement for sale, but also, to procure the Occupation Certificate from the concerned planning authority . The Complainants contention is that the Respondent has not registered the said project under the provision of RERA. During the course of the hearing, the Complaint submitted that his apartment is located on the 3rd floor . The Complainant further clarified that out of the 4 floors , the Respondent has already procured the Part Occupancy Certificate for 3 floors , and the fourth is under construction.
During the course of the pleading it has been clarified that if a project is developed in phases, each phase is considered a stand- alone project.
According to the provisions of Rule 2(p) of RERA it is clear that the promoter has completed the phase of the real estate project consisting of first three floors, by completing the construction and development works as mandate by the competent planning authority, handed over possession and also obtained the Part Occupancy Certificate. Consequently, the said phase of the real estate project has ceased to be a project and has become a developed building and does not require registration. Moreover the Respondent had not advertised or sold apartments located on the fourth floor, therefore it was not mandatory to register the said phase consisting of the fourth floor immediately.
Order passed by the RERA Hon’ble Authority : Order stands disposed of