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...

RERA Cases Quarterly Digest 2024

Ministry of Housing and Urban Affairs (MOHUA) The Ministry Of Housing And Urban Affairs Releases Report On The Implementation Status Of The Real Estate (Regulation & Development) Act The Ministry of Housing and Urban Affairs (MOHUA) has released the implementation status report of the Real Estate (Regulation & Development) Act, 2016, commonly known as RERA, in India. This legislation, which came into effect on May 1, 2017, aims to protect homebuyers and promote investments...

Rajasthan RERA Rejects Homebuyer's Complaint For The Basement Parking Facility, Holding That It Was Never Part Of The Approved Construction Plan.

The Rajasthan Real Estate Regulatory Authority (RJRERA) consisting of Justice RS Kulhari (Adjudicating Officer) rejected the homebuyer's complaint for basement parking facility, holding that it was never part of the approved construction plan, while hearing the seven complaint matter against the builder. Background Fact The Homebuyers (Complainants) reside in the Builder's (Respondent) Housing project named “Unique Anmol”. They have paid the consideration amount for their respective...

'RERA Exercises Very Sensitive Functions, Not In Interest Of Justice To Allow Supersession': High Court Stays Punjab Govt's Order To Take Over RERA

The Punjab & Haryana High Court has stayed the Punjab Government's order to supersede Real Estate Regulatory Authority (RERA) on account of vacant positions in the authority's bech.A notice was issued by the Punjab Government on March 12 that in the public interest, the Governor of Punjab was superseding Real Estate Regulatory Authority Punjab for four months or till the Quorum is complete or which ever is earlier under section 82 of the Real Estate Regulation and Development Act 2016.For...

TNREAT Orders Hiranandani Realtors To Register The Entire Township Project Under RERA As One Unit

The Tamil Nadu Real Estate Appellate Tribunal (Tribunal) bench, comprising of Justice M. Duraiswamy (Chairperson) and R. Padmanabhan (Judicial Member), has ordered Hiranandani Realtors to register the entire Township project, which includes many high-rise buildings, under The Real Estate Regulatory Authority (RERA) as one unit. Furthermore, Tribunal has also ordered Hiranandani Realtors to return 70% of the total corpus fund and all documents related to the township project to the...

MahaREAT: Despite The Allotment Letter Issued During The MOFA Regime, The Registered Project Will Still Be Covered Under RERA

The Maharashtra Real Estate Appellate Tribunal (Tribunal) bench, comprising Justice Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Technical Member), has held that even if the allotment letter has been issued to allottees under the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management, and transfer) Act, 1963 (MOFA), the real estate project will still be covered under the Real Estate (Regulation and Development) Act, 2016 (RERA) if the real...