Tribunals and CommissionsFull Bench(2022) 04 RERA CK 0318

Parvin Goel & Anr. vs A.P. Real Estates

Real Estate Regulatory Authority National Capital Territory Of Delhi · Decided on 5 April 2022

HON’BLE JUDGES
A.K. Kuhar, Member · Ramesh Chandra, Member · Anand Kumar, Chairperson
CASE NUMBER
Comp No.12/2020

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Judgment

13 paragraphs · 305 words
1.

Shri Suneel Kumar Atreya, Counsel appeared on behalf of the Complainants with Shri Parvin Goel, Complainant being present in person.

2.

Shri Sanjay Sharma, Counsel appeared on behalf of the Respondents.

3.

Shri Suneel Kumar Atreya requested that the Authority may direct the Respondents to obtain the Completion Certificate at the earliest and give them possession.

4.

Shri Sanjay Sharma, Counsel for the Respondents submitted that they have not yet applied for the Completion Certificate and certain people are already occupying the building.

5.

The Respondents are directed to explain as to why action should not be taken against them for not seeking the extension of time for completing the project from RERA, Delhi under RE(RD) Act, 2016 as the Completion Certificate has not yet been obtained by the Respondents.

6.

Commissioner, North DMC is directed to get a site inspection conducted of the building and find out whether the same has been occupied without the Completion Certificate or not in terms of their letter dated 07.02.2019. if the Building is found occupied without Completion Certificate, North DMC may take suitable action against the Respondents as per law.

7.

The Commissioner, North DMC may also submit a report to this office by 30.04.2022 on following:

i.

Whether the Respondents have applied for Completion Certificate for the subject project.

ii.

If yes, what is the stage of such application.

iii.

Whether the subject project building has been occupied illegally without Completion Certificate.

iv.

What action has been taken by North DMC against the Respondents for illegal occupation of the building without Completion Certificate..

8.

Issue fresh notice to Commissioner, North DMC for being present along with report as above mentioned either through Counsel or Authorized Representative on the next date of hearing.

9.

The case is posted for further hearing on 11.05.2022 at 2.30 pm.