Gurugram Bench of Haryana Real Estate Regulatory Authority has decided some of the important and litigative points in the landmark case dated 21/08/2018, of Ms. Simmi Sikka Vs. M/s Emaar MGF Land Limited, wherein the detailed argument were exchanged and the following conclusion was drawn regarding the applicability of RERA Act
After the discussion, the judgement contains the following conclusion-
A) Applicability of RERA Act
- The RERA Act, mentions nowhere that it is applicable only for the registered projects
- The RERA Act, provides certain categories of projects which are not required to be registered but these are within the ambit of the Act. These projects mentioned in section 3(2) have been taken out of the registration requirement but not out of the purview of other provisions of the Act.
- The provisions regarding registration and obligation during registration are applicable only for the registered projects.
- The obligations of the promoter’s post expiry of the validity of the registration provided in the Act are applicable to even the real estate projects exempted from registration.
- The projects which were completed and handed over during the last 5 years are covered for the purpose of workmanship and structural defect liability. A complaint may be filed by the allottee in such matter in case the possession of the real estate was within 5 years prior to the date of the complaint.
- All real estate projects are covered for land title defect liability
- A complaint pertaining to violation of the provisions of RERA Act, Haryana RERA Rules, and regulations thereunder, may be filed by any aggrieved person in respect of any real estate project as per the definition given in section 2(zn) of RERA Act.
Based on the above judgment, it may be concluded that registration of project and filing RERA complaint, both are separate activities. A RERA case can be filed even against the non-registered projects.
For any clarification, please contact us at rera@centrik or our expert at 8383011629
Disclaimer– Please note that the above points are based on the interpretation of judgment and related material, which may differ from person to person. The readers are expected to take expert opinion before placing reliance on it.