The landmark judgment of Haryana RERA Gurugram bench in Simmi Sikka versus Emaar MGF has prevented nullification and dilution of the RERA Act in Haryana by Haryana RERA rules.
The judgment has upheld the applicability of RERA Act for projects covered before the incoming of RERA if the contravention of central act continues till date.
The Section 18 (3) of RERA Act itself stipulates that the projects are covered for workmanship defects till 5 years and nowhere the central act says it is applicable to registered projects only. The decision rendered in Simmi Sikka versus Emaar MGF ends the controversy of ongoing projects that were left uncovered in RERA but this landmark judgment has clear the air which is the RERA Act applies to unregistered projects covered under Haryana RERA Panchkula and Gurugram Authority.
The RERA Act under section 3(2) of the Act exempts following projects:
- Projects less than 500 sq.metres.
- Projects with less than 8 units.
The judgment even says these projects are covered under other sections of RERA.
Ongoing projects earlier were earlier treated as one where the completion certificate/occupancy certificate were already been granted before May 1, 2017.
Mere filing or applying for completion certificate /occupancy certificate doesn’t exempt the project from the purview of RERA Act. The outcome of the application will hold whether the project was really completed it was filed just to evade the liability covered under RERA.
The RERA Gurugram Authority also held new projects should mandatory be registered with RERA whether or not they are intending to sell the projects or not. The new projects will strictly be not allowed to solicit /market the plots unless they seek full compliance with RERA.
The RERA Authority finally concluded that the provisions of RERA Act have been clearly violated. The RERA act stipulates 10% of the project cost if builder is found violating RERA Terms and liable to face penal proceedings.
The judgment now holds, you can file your complaint with Haryana RERA Panchkula or RERA Gurugram irrespective of the fact whether project is registered or not?
The judgment by Haryana RERA Chairman KK Khandelwal has expanded the scope of applicability of RERA act to adjudicate real estate disputes where possession is already delivered ensuring strict compliance of RERA Act regime.
Filing complaints with RERA Authority is quick, efficacious and inexpensive. One must for any redressal of grievances against builder/developer approach Haryana RERA Authority at Panchkula and Gurugram benches.
The 60-day window to resolve complaints is yet another reason for preference over consumer courts for filing of complaint with the Authority. RERA Lawyers and Advocates of Panchkula & Gurugram benches can assist you in filing your complaints and you may take prior legal advice before adjudicating the dispute.
For more info on RERA, please call 99888-17966.