Tamil Nadu Real Estate Regulatory Authority (TNRERA) has directed the Tamil Nadu Housing Board (TNHB) to register its project at Sholinganallur and execute the sale deed with an allottee immediately.
The allottee, S. Vasantha, filed a petition with the real estate regulator stating that her husband Seshachalam applied to the housing board for a high income group (HIG) flat in the Sholinganallur project in 2011 and was provided with the allotment order in April 2011. Her husband died in 2012 and the allotment was transferred to her name in 2017, and an agreement of sale was signed between her and the TNHB, Besant Nagar Division.
Ms. Vasantha said since the TNHB website showed the project’s status as ongoing, she sought to register the flat under the RERA Act. The project comprises 117 HIG flats, out of which 99 were to be allotted for the general public. However, the TNHB said it was a completed project and had applied for the completion certificate before the Chennai Metropolitan Development Authority (CMDA). It had carried out certain modifications as suggested by the CMDA and was awaiting clearance from the Director of Fire and Rescue Services Department. The process had been delayed because of COVID-19, which was beyond its control, the board said and argued that the complaint was not maintainable.
The TNRERA said the Tamil Nadu Real Estate Appellate Tribunal had held in several cases that a flat had to be habitable on the date of commencement of RERA Act and the Division Bench of the Madras High Court had ruled that the application for completion certificate should have been filed before May 1, 2017 (prior to RERA Act coming into force). The fact remains that the completion certificate for TNHB’s Sholinganallur project had not been issued till date.
As per Section 3 of the RERA Act, an ongoing project on the date the act came into force and for which the completion certificate had not been issued should be registered under it.