The allottees cannot truly possess and enjoy their properties be it an apartment, building or villa, without they having right to common areas | Completion Certificate as defined under Section 2(q) of RERA, 2016 has to be within the meaning and in consonance with the other provisions of the Act and it cannot be read in isolation – South Ex Residents Welfare Society Vs. Virgo Buildestate Pvt. Ltd. and Ors. – Rajasthan REAT
Hon’ble Rajasthan REAT held that:
(i) Mere construction of a building is insufficient. The word “completion” is indicative of the fact that it must be complete in all respects and the allottees must have common access and peaceful living.
(ii) “Completion Certificate” is defined under Section 2(q). Therefore, a “Completion Certificate” has to be within the meaning and in consonance with the other provisions of the Act of 2016, and it cannot be read in isolation.
(iii) The promoter-builder cannot unilaterally revise the plan in the face of the text of Section 14 of the Act of 2016. Specific consent is relatable to the particular project or the scheme of development, which was intended to be implemented.
(iv) The allottees cannot truly possess and enjoy their properties be it an apartment, building or villa, without they having right to common areas. Thus, the promoter is bound under Section 17 of the Act of 2016, to transfer title of the common areas to the Association.