Whether the statutory mandate of getting completion certificate be waived by the issuance of a mere letter by Panchayat? – P. Anandasundaresan Vs. Akshaya Pvt. Ltd. – Madras High Court
When Section 2(h) (ii) of the TN RERA Act is read in consonance with Section 11 (4)(b) of the RERA Act, which states that it is the duty of the promoter to obtain the completion certificate or the occupancy certificate, or both, as applicable, from the relevant competent authority as per local laws or other laws for the time being in force and to make it available to the allottees individually or to the association of allottees, as the case may be. In the present case on hand, as obtaining completion certificate is not a discretionary but a mandatory one as per the provisions mandated under the TNRERA Act, the same cannot be waived by any other similar letter issued by the Panchayat under the guise of alleged completion.