Hon’ble Kerala High Court held that: (i) What is relevant under Proviso to Section 3(1) of RERA is the date of completion of the project. What is relevant under Section 3(2)(b) is the date of receipt of Completion Certificate. On a conjoined reading of Proviso to Sub-Section (1) and Clause (b) of Sub Section (2) makes it abundantly clear that what is relevant, and material is the date of issuance of the Completion Certificate. (ii) When it is proved that the Completion Certificate is received by the promoter before the date of commencement of the RERA, the project is not liable to be registered. In such case, further enquiry as to whether a project is ongoing or not is unwarranted. (iii) Even if the original Occupancy Certificate received by the Promoter is not available, the promoter is free to produce other evidence to the satisfaction of the Authority to prove that Occupancy Certificate is issued before the date of commencement of the Act or that the project was not an ongoing project as on the date of commencement of the RERA to avoid registration under Section 3.
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