“Justice cannot be for one side alone, but must be for both”
-Eleanor Roosevelt
The real estate (Regulation and Development) Act, 2016 came into full force in the year 2017. Section-3 of the Act mandated registration with the newly formulated state RERA authorities but the rebate was given to projects which have already procured occupation and completion certificates. In order to fall under the exception all ongoing projects rushed to get the certificates issued.
This hasty act of the promoters resulted in a chaos where projects which were not yet completed also procured the certificates. This added to the already existing problems of the aggrieved homebuyers as promoters started pressurizing them to take possession on the basis of fraudulent certificates; despite the projects being incomplete.
The homebuyers had to put a long fight before the Haryana RERA Authority to get the fraudulent promoters under radar. The Gurugram Bench of the Haryana RERA Authority in a landmark judgment has directed the DTPC to withdraw the Occupation and completion certificate of the projects which are incomplete.
The authority ruled that the certificates are to be issued only when projects are complete and issuance of such fraudulent certificates deceives the purpose of their issuance itself in such cases. The authority has further directed the DTPC to initiate an inquiry and look into the fact that how such certificates were issued and also to initiate enquiry against the officers who were responsible for issuance of the certificates.
The authority clearing out the law stated that completion work includes all types of external and internal works such as roods, pathways, tree planting, community building etc. This order of the Haryana RERA Authority will have very vital ramifications on other states also. The order has come as a ray of hope for all the buyers present in the state of Haryana.
The ruling has protected what the act was meant for and also went ahead to safeguard the interests of aggrieved homebuyers. What the future holds nobody knows but we can wait and watch that how this ruling will impact other states.
Disclaimer – Please note that the above articles is based on the interpretation of related laws and judicial pronouncement which may differ from person to person. The reader are expected to take the expert opinion on the matter.
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