RERA
Haryana RERA Directs Ninaniya Estates To Pay Interest And Assured Returns To Complainant
Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed Ninaniya Estates Ltd, the builder, to pay interest and assured returns to the complainant who had booked a retail shop and was expecting possession by 16.11.2021. Earlier in 2012, the complainant had booked a suite in the builder's project named Prism Executive Suites. However, in 2017, the complainant exchanged the suite for a retail shop in the builder's other project named...
RERA Monthly Round Up: August 2024
Haryana Real Estate Regulatory Authority Haryana RERA Directs Ocean Seven Buildtech To Pay Interest To 15 Homebuyers Of Expressway Towers For Delayed Possession Case – Rameshwar Singh Versus Ocean Seven Buildtech Pvt. Ltd. A/w 14 others Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed Ocean Seven Buildtech Pvt. Ltd., the builder, to pay interest to the 15 homebuyers of the Expressway Towers project located at Sector 109,...
Karnataka RERA Holds Shriprop Projects For Delayed Possession Of 2 Years, Orders Interest To Homebuyer
Karnataka Real Estate Regulatory Authority (Authority) bench, comprising Neelmani N. Raju (Member), has directed Shriprop Projects Pvt. Ltd, the builder, to pay interest to the homebuyer after the builder handed over possession of the flat with a 2-year delay. According to the terms of the agreement, the builder was supposed to hand over possession by September 2020. Background Facts On 20.01.2016, the homebuyer (Complainant) booked a flat in the builder's (Respondent) project named...
The Forgotten Creditors: IBC's Dual Approach For Homebuyers And Other Consumers
The Insolvency and Bankruptcy landscape in India underwent a significant transformation with the enactment of the Insolvency and Bankruptcy Code (IBC) in 2016. One of the most intriguing aspects of the IBC is its impact on consumers, particularly those who find themselves in precarious situations when companies they have transacted with go under the insolvency process. Imagine a scenario where a consumer buys a plane ticket, looking forward to a much-anticipated trip, only to find out the...
Chairperson, Judicial Member Will Be Appointed To Karnataka Real Estate Appellate Tribunal In Two Weeks: State Tells High Court
The Karnataka government on Thursday informed the High Court that in two weeks time Chairperson and Judicial member would be appointed to the Karnataka Real Estate Appellate Tribunal (REAT), which has become non-functional due to these vacant posts.Advocate General Shashi Kiran Shetty said “The concerned files are cleared after suitable recommendations and the same would be taken to its logical conclusion in next two weeks, by appointments being made of the Chairperson and judicial member.” The...
Tamil Nadu RERA Orders Builder To Fix Structural Defect And Register Project Under RERA
Tamil Nadu Real Estate Regulatory Authority (Authority) bench, comprising Sunil Kumar (Member), has directed builder to fix the structural defects in the project and to register it under RERA. Background Facts The homebuyer (Complainant) was allotted a flat costing Rs. 43,00,000/- in the builder's (Respondent no 2) apartment complex situated at Sevilimedu, Kancheepuram. According to the homebuyer, the flat was handed over in a semi-constructed state with substandard materials used...
Builder Charging For Open Parking Against RERA Provisions: NCDRC Holds ATS Infrastructure Liable For Deficiency In Service
The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker (member), held that subsequent allottees inherit the rights of the previous allottees. Hence, the builder charging for an open parking space constitutes a deficiency in service. Brief Facts of the Case The complainant purchased a flat from the original allottees for Rs. 39,00,000 in a project by ATS infrastructure/builder. A transfer fee of Rs. 2,19,102 was paid to the...
Haryana RERA Upholds Builder's Termination Of Flat Booking After Homebuyer Failed To Make Timely Payments
Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), upholds the builder's termination of the flat booking after the homebuyer failed to fulfill timely payment obligations. Background Facts The Homebuyers booked a flat in the Builder's project named M3M Sky Walk, located at Sector-74, Gurugram, by signing a booking application on 09.08.2020 and by paying a booking amount of Rs. 5,00,000/-. Furthermore, after booking the flat, the...
Assam REAT - RERA Does Not Have Retroactive Application To Already Completed Real Estate Projects
The Assam Real Estate Appellate Tribunal ('Tribunal') bench, comprising Justice (Retd.) Manojit Bhuyan (Chairperson), has held that the provisions of the Real Estate (Regulation and Development) Act, 2016, cannot be applied retroactively to projects that were completed prior to the enactment of the Act. Accordingly, the Tribunal dismissed the appeal of the appellant regarding the project in question, which obtained an Occupancy Certificate on 07.05.2014.Occupation Certificate is a document...
Haryana RERA: Provisions Of The Limitation Act, 1963, Do Not Apply To RERA
Haryana Real Estate Regulatory Authority (Authority) comprising Justice Vijay Kumar Goyal (Member), has held that the provisions under Section 54 of the Limitation Act, 1963, which stipulate a limitation period of 3 years for a specific performance suit, do not apply to complaints under RERA. Consequently, the authority held that the complaint filed by the homebuyer after three years from the date the cause of action will be maintainable before the authority. Background Fact In 2011,...
Delhi State Commission Holds Regal Emporio Liable For Deficiency In Service For Falsely Assuring Completion Of A Project And Retaining The Complainant's Money.
Delhi State Consumer Disputes Redressal Commission, headed by Justice Sangita Dhingra Sehgal alongside member Ms. Pinaki, held that a company bears sole responsibility for completing the construction within the agreed-upon time-frame, ensuring the complainant does not bear the consequences of their deficiencies. Brief Facts of the Case The complainant leased a shop from M/S Regal Emporio Infratech Company in their “Regal Emporio” project in Greater Noida. Later, the company...
Allahabad HC Mulls To Initiate Suo Moto PIL Over Non-Execution Of Recovery Certificates Issued By RERA
The Allahabad High Court has called for a personal affidavit of the District Magistrate, Lucknow, for the non-execution of recovery certificates issued by the Real Estate Regulatory Authority (RERA). The Court observed that several cases have been filed and orders passed by the High Court; however, no mechanism for dealing with the execution certificates issued by the RERA has been put in place. The bench of Justice Rajan Roy and Justice Om Prakash Shukla observed that since the matter...