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2. Here is one such case before this Court, in which there are allegations of violation of rules and regulations, approved plan and attempt to wriggle out of the new RERA Act by the 1st respondent/promoters.

3.The Appellant has purchased a flat from the 1st respondent and entered into a sale cum construction agreement on 27.11.2012. The property is situated in New Survey Nos. 148/5A, 148/7A, 137/1 and 138/1, Karambakkam Village, Ambattur Taluk, Thiruvallur District. The flat purchased bearing No.9131, 13th floor, Block No.9, measuring about 1592 sq. ft., is part of a multi-storied building project known as “Osian Chlorophyll” and the proportionate undivided share of land is about 418 sq. ft. The total cost of land is Rs.11,49,500/- was paid by the appellant/complainant. A sum of Rs.81,85,380/- was to be paid towards cost of construction. Out of the said amount the complainant already https://www.mhc.tn.gov.in/judis/ paid a sum of Rs.75,18,367/- and a balance sum of Rs.6,67,013/- is being withheld by the appellant for the reason that the respondent should get appropriate approvals from the authorities. As per the sale cum construction agreement dated 27.11.2012, the possession of the flat is to be handed over within 36 months from 31.03.2012 (i.e.,) on or before 31.03.2015.

9.The Authority after hearing both the parties found that as on the date of commencement of the RERA Act on 01.05.2017, the respondent did not file application for completion certificate to the CMDA and therefore, the project is an on going project and that the respondent has to register under the RERA Act and that the Authority gets jurisdiction over the project, irrespective of the fact that whether it is registered or not. Hence the Adjudicating Officer rejected the preliminary objection and directed the complaint to be registered by order dated 20.12.2018.

3. The construction was completed on 03.05.2017 itself and applied for completion certificate on 29.05.2017 whereas the Tamil Nadu Real Estate Rules came into force on 22.06.2017. Therefore, even before RERA rules came into force, the appellant applied for completion certificate and the delay in issuing the completion certificate may not be the fault of the 1st respondent and the CMDA cannot find fault with the respondent that the construction is not completed or not complied with the approval. Further as per Rule 2(h)(ii) of the Tamil Nadu RERA Rules, there is an https://www.mhc.tn.gov.in/judis/ exemption for the 1st respondent's project as the respondent completed the project on 03.05.2017 and the first respondent applied for completion certificate on 29.05.2017. Hence, when the rule came into force on 22.06.2017, the project is a completed project and it comes under the exempted category as per the above rules. The project is not an ongoing project and invocation of Sections 71, 79 and 88 of the RERA Act by the Adjudicating Officer is unwarranted and set aside the order and allowed the appeal. Against the said allowing of the appeal only the present Appeal has been filed.

22.The only contention of the 1st respondent is that as per rule 2 (h) (ii) of the Tamil Nadu RERA Rules 2017, which has come into force on 22.06.2017 an https://www.mhc.tn.gov.in/judis/ exemption is given and the 1st respondent's project cannot be called as an ongoing project. Rule 2(h)(ii) of the Tamil Nadu RERA Rules 2017 is extracted as follows:

“(ii)the projects in Chennai Metropolitan Area for which application for completion certificate has been filed with Chennai Metropolitan Development Authority subject to furnishing certificate from the architect/licensed surveyor/structural engineer associated with the project to the effect that all the buildings in the projects have been structurally completed i.e., all the columns, beams and slabs have been erected, supported with photographs. Chennai Metropolitan Development Authority will issue, completion certificate for those projects in compliance with Completion Certificate norms prescribed. In Completion Certificate filed cases, if the Completion Certificate is rejected by Chennai Metropolitan Development Authority for violation of norms, such projects will be intimated to the Real Estate Regulator Authority and will be bound for registration with Real Estate Regulatory Authority. The details of all projects where Completion Certificate application has been filed with Chennai Metropolitan Development Authority prior to notification of these https://www.mhc.tn.gov.in/judis/ rules will be disclosed to the public by publishing the list of all such projects on the website of Chennai Mentropolitan Development Authority and Real Estate Regulatory Authority immediately after notification of these rules. ”