In a landmark judgement held recently by the RERA authority Haryana in Panchkula ruled that the promoter is liable even after he has got the completion certificate and not registered with RERA.
This judgment will bring many unregistered projects with completion certificate (partial/complete) within the ambit of State Real Estate Regulatory Authority (RERA) Haryana.
Case Title – Sanju Jain vs. TDI Infrastructure Ltd.
The authority adds, completion certificate nowhere discharges obligations of promoter on being unregistered with the authority. In fact, it went on to say, promoters , all, registered or unregistered are under obligation to perform functions as undertaken by the agreement and relevant section 11 of the RERA Act nowhere mentions such distinction.
It is the duty of RERA Haryana (HRERA) Under section 34 (f) to ensure compliance of all the conditions of agreement as agreed. The Act doesn’t suggest anywhere that on getting completion certificate, the authority ceases to take cognizance of the deficiencies by promoter for unregistered projects.
Once again RERA has brought back the power to homeowners and allottees who eagerly wants speedier resolution to their complaints.
The excuse of non-registration and therefore complaint not being maintainable won’t work for Panchkula RERA Authority whereas for the RERA Punjab it may be a saviour for promoters .
This particular judgement will settle all questions of maintainability of complaint before HRERA Authority at Panchkula.
We hope many more judgments to come in the favour of consumers and allottees in coming days.
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Till then stay tuned to Indialegalnews for more recent and latest updates on RERA Haryana (HRERA) at Panchkula. We will also keep bringing you latest judgments on this topic.
Stay Hungry but don’t be foolish. RERA is here to stay.
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