PIL In Calcutta High Court Seeks Expedited Appointments To West Bengal RERA, Appellate Tribunal

The Calcutta High Court recently directed the State's counsel to obtain necessary instructions on a Public Interest Litigation (PIL) alleging prolonged vacancies in key posts at the West Bengal Real Estate Appellate Tribunal (WBREAT) and the West Bengal Real Estate Regulatory Authority (WBRERA).A Division Bench comprising Acting Chief Justice Tapabrata Chakraborty and Justice Atarup Banerjee, on September 3, directed Additional Government Pleader Susmita Saha Dutta, appearing for the State to...

Homebuyer Can Claim Delay Compensation Through Arbitration Over RERA, Consumer Law Remedies: Delhi High Court

The Delhi High Court has ruled that a homebuyer can claim compensation for delayed possession through arbitration even though remedies are also available under the Real Estate (Regulation and Development) Act, 2016, and the Consumer Protection Act, 2019.“Merely because the Respondent elected to invoke the arbitration agreement instead of pursuing remedies under the Consumer Protection Act, 2019 or RERA, it cannot be deprived of compensation otherwise legally payable for delayed...

RERA Tribunal Has Inherent Power To Restore Proceedings Dismissed For Default: Bombay High Court

The Bombay High Court has held that the Real Estate Appellate Tribunal has inherent power to restore proceedings dismissed for default, even though such power is not expressly provided under Section 53(4) of the Real Estate (Regulation and Development) Act, 2016 (RERA), as the Tribunal is required to be guided by principles of natural justice. Justice N. J. Jamadar, on 22 July, dismissed developer Hubtown Ltd.'s second appeal and upheld the Maharashtra Real Estate Appellate Tribunal's order...

Delay Condonation Application Cannot Be Separated From Appeal For RERA Pre-Deposit: Bombay High Court

The Bombay High Court on 5 August held that a promoter cannot have a delay condonation application considered without first making the mandatory pre-deposit under Section 43(5) of the Real Estate (Regulation and Development) Act, 2016 (RERA), holding that a delay application forms part of the appeal and cannot be treated independently. Justice N. J. Jamadar delivered the judgment while dismissing two second appeals filed by Neumec Developers and Builders against homebuyers, upholding the...

RERA Cannot Decide Complaint On Merits Before Numbering, Hearing: Kerala High Court

The Kerala High Court has recently ruled that the Kerala Real Estate Regulatory Authority cannot examine the merits of a complaint while considering it for numbering and reject it as not maintainable without giving the complainant an opportunity of hearing.Justice Ziyad Rahman A.A. quashed two Kerala RERA orders rejecting complaints filed by Renney Geo Varghese and Sindhu M. Poduval. The court found that the authority had discussed the merits of the complaints even though they had not been...

Homebuyers' Right To Interest Under RERA For Delayed Possession Is Independent, Indefeasible: Bombay High Court

The Bombay High Court has held that a homebuyer's right to receive interest for delayed possession under the Real Estate (Regulation and Development) Act, 2016 (RERA) is an independent and indefeasible statutory right.The court held that this right cannot be defeated by relying on the principle under the Indian Contract Act that may restrict a claim for compensation where delayed performance is accepted without reserving such a claim.A Single Bench of Justice N.J. Jamadar delivered the ruling...

Punjab & Haryana HC Denies Bail In ₹5.44 Crore Roselyn Square Case, Says Allegations Go Beyond Delay

The Punjab and Haryana High Court on 16 July held that allegations of cheating, forgery, criminal breach of trust and conspiracy in connection with a real estate project go beyond a simple dispute over delayed possession or non-payment of assured returns. Justice Virinder Aggarwal dismissed the regular bail plea of Bhupinder Singla, Director of Robus Landcorp Pvt. Ltd., who was accused in the “Roselyn Square” commercial project case, noting that the investigating agency had collected prima...

Builder Must Pay Delayed Possession Interest At Rate It Could Charge Allottee For Default: Allahabad High Court

The Allahabad High Court at Lucknow has recently held that the interest a builder must pay an allottee for delay in handing over possession under the Real Estate (Regulation and Development) Act, 2016, is the same rate that the builder could have charged the allottee had the allottee defaulted. Rejecting a builder's plea that its liability was confined to MCLR+1%, the Court upheld an award of interest at 24% per annum because the builder-buyer agreement itself provided for...

Flat Owners Can't Restrict Common Facility Access When Sale Deed Allows Sharing: Karnataka High Court

The Karnataka High Court on 9 July held that flat owners cannot claim exclusive rights over common amenities where the registered sale deed permits residents of different phases of a housing project to share such facilities. A Division Bench of Justices Jayant Banerji and Tara Vitasta Ganju dismissed the appeal filed by the owners of a flat in the “Arya Hamsa” project and upheld the Karnataka Real Estate Regulatory Authority and Appellate Tribunal orders allowing residents of the neighbouring...

ORERA's Failure To Decide Within 30 Days Won't Deem Incomplete RERA Application Registered: Orissa High Court

The Orissa High Court has ruled that an incomplete or deficient application cannot be treated as "deemed registered" under Section 5(2) of the Real Estate (Regulation and Development) Act, 2016, merely because the regulatory authority failed to decide it within 30 days.Justice Sashikanta Mishra observed that Section 5(2) applies only to a valid application that complies with the Act, Rules and Regulations. Since Vishnu Associates' application remained incomplete, including for want of the final...

RERA Adjudicating Officer Cannot Award Interest While Enforcing Refund Order: Madhya Pradesh High Court

The Madhya Pradesh High Court has recently held that a RERA Adjudicating Officer cannot independently determine and award interest after the Regulatory Authority has already decided a homebuyer's entitlement to a refund and compensation. It ruled that such a determination falls outside the jurisdiction conferred on the Adjudicating Officer under Section 71 of the Real Estate (Regulation and Development) Act, 2016. Justice Milind Ramesh Phadke partly allowed a writ petition filed by Jetal...

Homebuyer Can't Club Distinct Disputes In One Writ, Must Approach Competent Forums: Madras High Court

The Madras High Court on 10 July held that a homebuyer cannot invoke the writ jurisdiction under Article 226 of the Constitution to combine distinct grievances arising under different statutory regimes when specialised statutory forums provide the appropriate remedy. A Bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan dismissed six writ petitions filed by homebuyer Parvez concerning the Aavisa Golf Township project, holding that disputes relating to consumer...