RERA case heard in High Court
Bilaspur. Chhattisgarh High Court has said that the provisions of RERA will also be applicable in those projects which have already been started but they have not already received the completion certificate. Many people who had booked flats and plots in Tanu Construction Raipur by RERA have complained. It was alleged that after constructing a flat and a house on the plot, it was not given to them within the stipulated period. For this he had paid the fixed installments to the company. Many people had also given the full amount.
After hearing the complaint, RERA had ordered the construction company to pay the amount taken from the people along with interest. Tanu Construction challenged this order in the High Court. He said that RERA has given the order beyond its jurisdiction.
The applicants have not made full payment to RERA. Without this RERA cannot conduct hearing. In the order given after the hearing, the High Court has said that the provisions of RERA will also be applicable in such projects in which completion certificate has not been obtained. In the absence of this certificate, it cannot be said that the applicants have not deposited the full amount of the flat or plot and they cannot complain to RERA. RERA’s order has been upheld by the division bench of Justice Gautam Bhaduri and Justice Sanjay S Aggarwal.
