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Judgment
Adv. Neeraj Matta along with Adv. Vivek Kumar, Sh. Arun Gupta, Associate, Sh. Shiv Kumar Dubey, AR and Sh. Vasudev Garg, Promoter appeared on behalf of the Complainant.
Adv. Ray Vikram Nath along with Adv. Harshvardhan Jha appeared on behalf of the Respondents and requested the Authority to adjudicate on the issue of maintainability of complaint as the building was completed before RE(RD) Act, 2016, came into force on 01.05.2017 and in support of their claim they cited receipts of Completion Certificate dated 29.03.2011.
Ld. Counsel for Complainants stated that they have withdrawn their petition before the Hon’ble High Court stating that they have already approached RERA to pursue appropriate remedy with liberty to approach the Hon’ble High Court at any point of time.
Ld. Counsel for Complainant submitted that completion of project will not absolve the NBCC from liabilities under the Act and he cited the order of UP REAT which stated as follows;
“The Act provides for obligations of the promoter, real estate agent and allottees both during the registration phase as well as post-expiry of validity of registration i.e. after the completion of the project. The obligations post-expiry of the validity of registration are to be ensured by the authority both in case of projects which were registered, and validity of registration expired as well as for the projects where completion certificate was obtained prior to coming into force of this Act and exempted from prior registration. The obligations of the promoter after completion of the project such as handing over of possession and executing a registered conveyance deed within specified period, workmanship and structural defects rectification liability upto five years after giving possession, land title defect liability without any limitation period etc. are applicable for all the real estate projects, both registered as well as exempted from prior registration.”
Heard both the parties.
Sh. M.K. Gupta, Dy. L&DO appeared and informed the Authority that the lease rights over the land for the subject property have yet not been given to NBCC as no proposal has been received in this regard from them and proposal for confirming the lease rights on NBCC will be considered after all necessary documents are received and examined.
Sh. Adnan Amir, AE(B) appeared on behalf of the MCD. MCD was directed to clarify whether Occupation and Completion Certificate for a project can be issued to promoter, if he does not have right over the project land.
Ld. Counsel for NBCC submitted that they have in principle approval for allocation of land from the L&DO. He promised to produce the land allotment letter issued by L&DO if available with NBCC within two weeks’ time i.e. before 15.03.2024.
He was also directed to inform the Authority in clear terms whether the Occupation and Completion Certificate issued on 29.03.2011 was complete or incomplete as per the prevailing Building Bye Laws.
Ld. Counsel for Complainant filed written submissions today and same were taken on record. A copy of the submissions was handed over to the Ld. Counsel for the Respondents during the course of proceedings.
Respondents were given 15 days’ time to file their submissions with copy served on the Ld. Counsel for the Complainant.
Case is posted on 05.04.2024 at 2:30 pm.