TNREAT dismisses promoter’s appeal over completion certificate
VK Vijayaraghavan, a homebuyer, booked a flat in a project developed by SPR and RG Constructions Private Limited in Porur and entered into a sale and construction agreement in July 2012.
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CHENNAI: Noting that a promoter applied for completion certificate (CC) within 3 days after getting revised plan approval from Chennai Metropolitan Development Authority (CMDA), Tamil Nadu Real Estate Appellate Tribunal (TNREAT) has dismissed an appeal filed by the promoter.
VK Vijayaraghavan, a homebuyer, booked a flat in a project developed by SPR and RG Constructions Private Limited in Porur and entered into a sale and construction agreement in July 2012. The promoter started bookings even before getting building plan approval from CMDA and got approval only in September 2012.
As per the approved plan, nine blocks were proposed to be constructed with 950 dwelling units. While the apartment was handed over to the homebuyer belatedly, he approached TNRERA on grounds of serious violation of the original approved plan, structural stability and others.
According to the complaint, the promoter had applied for revised plan approval in July 2014 without the knowledge and consent of the allottees and got the revised plan approval after four years in July 2018. While the application for revised plan approval was pending, the promoter continued the construction by committing violations.
Hearing the complaint, TNRERA issued certain directions to the promoter. Aggrieved by this, the promoter filed an appeal in TNREAT.
While hearing the appeal, the Tribunal noted that the promoter had filed similar appeals pertaining to five complaints regarding the same project. But, the promoter withdrew the appeals. “Consequent to such withdrawal of the appeals, the common order passed by TNRERA impugned in those five appeals became final,” the Tribunal said and dismissed the appeal.
The Tribunal further said that it is quite interesting to note that within 3 days from the date of approval of the revised plan, the promoters have applied for completion certificate in July 2018.
The CMDA has issued the completion certificate in September 2018. Even in the application for completion certificate, the promoters “with all boldness have stated that the construction of the building as per the revised plan was completed in all respects even prior to May 2017.”
