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Indian Laws - Highlights / Catch Notes

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The RERA lacks jurisdiction over projects completed before its ...


Project completed before RERA enacted, no retrospective jurisdiction for completed projects.

Case Laws     Indian Laws

November 14, 2024

The RERA lacks jurisdiction over projects completed before its enactment. The project obtained Occupation/Completion Certificate prior to RERA's commencement, rendering the complaint inadmissible. Entertaining such complaints would grant retrospective effect to RERA, contrary to legislative intent. No provision allows pursuit of remedies under RERA for completed projects previously addressed under Consumer Protection Act. Authorities correctly dismissed the complaint due to lack of jurisdiction, as the project predated RERA's enactment. Forum shopping by withdrawing from prior proceedings is impermissible.

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