Hrera has jurisdiction over unregistered realty project with completion certificate

PANCHKULA: Bringing unregistered projects with completion certificate under the purview of the state real estate regulatory authority (Rera), the Haryana Real Estate Regulatory Authority (Hrera-Panchkula) in a landmark order has held that the state authority has jurisdiction to adjudicate upon the complaint filed against the promoter regarding the non-performance of his obligations even when he has got completion certificate and is unregistered with it.

The order came in the case, Sanju Jain (complainant) versus TDI Infrastructure Ltd (promoter), wherein the authority also held that no promoter can save himself from discharging his obligations on the ground that he has obtained a completion/occupancy certificate in respect of his project.

The complainant had approached the authority alleging non-performance of obligations cast upon the promoter under the sale agreement.

The promoter responding to the complaint contended that the project in question already obtained a partial completion certificate.

Therefore, the said project does not require registration under Section 3 of the Real Estate (Development and Regulation) Act and, thus, the state Rera had no jurisdiction to adjudicate complaint relating to such a project.

Dismissing promoter contention, the authority observed that Section 11 of the Act defines and elaborates the functions and duties of a promoter.

“Nowhere in this section is used the expression ‘promoter of a registered project’ and since the expression used everywhere in the Section is ‘Promoter’, it cannot be legitimately argued that the duties cast upon the promoter will be applicable only to the promoter of a registered project and not to the promoter of an unregistered project,” held the authority.

Simultaneously, section 34 (f) of the Act enjoins a duty upon the state Rera to ensure compliance of all the obligations by the stakeholders in thereunder.

“There is no provision in the Act which expressly or impliedly provides that duties, responsibilities and obligations of a promoter towards his allottees will cease to exists upon grant of completion certificate or that the authority after grant of completion certificate will have no jurisdiction to adjudicate the complaints of the allottees,” stated the authority in the order.

HRERA (PANCHKULA) SAYS ALLOTTEES CAN APPROACH STATE RERA AGAINST UNREGISTERED PROMOTER FOR REDRESSAL OF THEIR GRIEVANCES