RERA Section 3

In a recent order in a Source Complaint (SC10002443), the builder has portrayed the Occupancy Certificates (OC) as Completion Certificates (CC) to escape registration u/s 3. And by portrayed, I mean that he categorically stated in an Affidavit (not shared with us, i.e. the Complainants) that he has received Completion Certificates, when in fact he has only received OC. He says the 2nd portion of 'A' wing need not require him to register due to the fact he is not advertising it. The remaining Wings (B, C, & half of A) were completed in 2003/2004 and received OC.

RERA has ruled in his favor.

Question 1: Can OC be taken as CC? SC in Civil Appeal 6749/21 (Newtech Developers v/s State of UP), and later P&H HC in Civil WP 7852/22 referring to the SC judgment, have stated that OC and CC are different documents as per RERA, & parliament's usage of the word CC in Sec 3 can't be read to mean OC.
Question 2: In brochures, sale agreements, and sanctioned plans, all buildings have been mentioned as a single composite scheme/project. Can RERA post facto grant him the benefit of considering each separate wing as a phase, and hence even prior to the SC judgment mentioned, allow him to use OC in place of CC?
Question 3: Does challenge/appeal lie at Bombay HC (Ref: WP (st) 1118/21), or Appellate Tribunal? Has the SC orders in Newtech v/s UP (Nov '21) effectively nullified Bombay HC orders of Mar'21 that allowed OC to be read as CC for portions of the project that were completed?
Question 4: Can a Misc Application be filed in RERA for copies of alleged "Completion Certificates"?
Question 5: Written Statement/Argument in SC10002443 was not provided to us by the opponent. Yet, RERA passed orders without giving us a chance to rebut falsehoods. Is that normal SOP?

Conveyance not done due to Civil WP pending in HC since 2013 w.r.t Society versus unilateral Deed of Declaration (also not submitted u/s 10.ii of MOFA). Interim order in favor of Society.
Sec 3 RERA application filed because Builder received fresh sanction from municipal corporation & is looking to build. Challenged in Civil Courts for last 3 years... adjournment upon adjournment, even though O7R11 and T.I. are pending. Complaint made to PDJ

Asked 3 years ago in Civil Law

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5 Answers

OC AND CC arw two different things and cannot be one when the act itself is clear on that.

The judgment of the rera tribunal is illegal arbitrary and liable to be set aside.

The law declared by th3 supreme court is binding upon all courts within the territory of India. Bombay hc is no exception. Moreover, it cannot override the act/law passed by the parliament.

The copy of the ws filed by the builder should have been provided by the builder. Had you stated this on record? Ie filed an application demanding the same?

The RERA tribunal should have given you the opportunity to reply to the false allegations of the builder. That is not the SOP.

You should go to RERA appellate tribunal.

For expeditious hearing and disposal of the case in civil court file an application before the Bombay hc.

Rahul Mishra

Advocate, Lucknow

14114 Answers

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1) OC and CC are differnt documents

2) builder cannot use OC in place of CC

3) appeal lies in Appellate tribunal

4) copy of written statment/ argument has to be forwarded to OP

Ajay Sethi

Advocate, Mumbai

99775 Answers

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Talk to Advocate Ajay Sethi

1. The local authorities issue a certificate for completion (CC) after the completion of the construction of a building. Once the CC has been received, the builder also needs to obtain an occupation certificate (OC). Homeowners cannot move into a building until the builder has an occupancy certificate.

The OC is issued only once the building has been completed in all respects and can be occupied. ... So, the main difference between Completion certificate & Occupancy Certificate is that CC shows that the building construction is done as per the plan which was approved by the concerned authorities.

2. The RERA will decide about all such technical issues based on the case presented before it, therefore the person who agitates the issues has to prove all such deficiencies which were illegally managed by the developer.

3. Appeal lies at RERA appellate tribunal

4. thru RTI Act

5. If you were a party to the proceedings then you could have objected over this abnormality

T Kalaiselvan

Advocate, Vellore

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Dear Client,

No, you need to have both OC and CC, only CC is not enough for resale, and not having the same might reduce the value of the flat. yes, you can file a Misc. application in RERA for copies of alleged "Completion Certificates". And if all buildings were mentioned as a different single project RERA can not give him benefit of considering each separate wing as a phase.

Thank You