RERA - Regulatory Authority Has Exclusive Jurisdiction To Direct Refund To Allottee; Adjudicating Officer Has Power To Determine Compensation : Supreme Court

The Supreme Court in its judgment delivered on Thursday (11th November) had, inter alia, held that the regulatory authority has exclusive jurisdiction to direct refund of the amount, and interest on the refund amount, or directing payment of interest for delayed delivery of possession, or penalty and interest thereon, to the allottee; whereas the adjudication for determining compensation and interest thereon is with the adjudicating authority. A Bench comprising...

Condition Of Pre-Deposit For Filing Appeal U/Sec 43(5) RERA Not Discriminatory Against Promoters: Supreme Court

"The promoters ought to show their bona fides by depositing the amount so contemplated"

BREAKING : Supreme Court Upholds Application Of RERA To Real Estate Projects Ongoing At Act's Commencement

The Supreme Court on Friday upheld the retroactive application of the Real Estate(Regulation and Development) Act, 2016 to the real estate projects which were ongoing at the commencement of the Act.The bench comprising Justices Uday Umesh Lalit, Ajay Rastogi and Aniruddha Bose observed that the RERA Act does not apply to the projects already completed or to which the completion certificate has been granted at the commencement of the Act. The court rejected the contentions raised by...

'An Important Issue Of Consumer Protection': Supreme Court Emphasise On The Need To Frame Model Builder-Buyer Agreement Under RERA, Asks ASG To Assist The Court

Noting that it is a "very important issue of public interest", the Supreme Court on Monday asked ASG K. M. Nataraj to assist the Court on the issue of the need for the framing of a model agreement for builder-buyers under the RERA.The bench of Justices D. Y. Chandrachud and A. S. Bopanna was hearing a string of petitions under Article 32 raising the grievances of flat-purchasers that in the absence of uniform Builder-Buyer and Agent-Buyer Agreements, the purchasers are left to the mercy of...

Whether RERA Is Authorised To Prefer Appeal To HC Against Decision Of Appellate Tribunal?: Supreme Court To Consider

The Supreme Court on Friday agreed to consider the question of law whether the scheme of the RERA Act envisages the Authority, RERA, as being empowered or authorised to prefer an appeal before the High Court against a decision passed by the Appellate Tribunal.The bench of Justices Abdul Nazeer and Krishna Murari was hearing an SLP by Satyam Infracon against a March order of the Gujarat High Court holding that the Gujarat RERA would be included in the definition of 'Person' on a conjoint reading...

Breaking: "Encroachment Of State Legislature Upon The Domain Of Parliament": Supreme Court Strikes Down West Bengal Housing Industry Regulation Act

The Supreme Court on Tuesday struck down the West Bengal Housing Industry Regulation Act, 2017( WBHIRA), holding it to be unconstitutional in view of the 2017 Real Estate (Regulation and Development) Act (RERA) which is the central legislation on the identical subject-matter.However, with a view to prevent any chaos in the real estate industry in the state, the Court in exercise of its powers under Article 142, clarified that all sanctions and registrations previously granted under the HIRA...

Inappropriate To Entertain Art. 32 Plea By Homebuyers Against Developers: Supreme Courts Points To Provisions In CPA, RERA, IBC, Criminal Law

The Supreme Court on Thursday declared that proceedings under Article 32 of the Constitution by a purchaser, seeking relief in respect of a real estate project, cannot be entertained. The bench of Justices D. Y. Chandrachud and M. R. Shah was considering a writ petition by one of the home-buyers in respect of a real estate project called "Sushant Megapolis" in Bulandshahar. The primary relief which had been sought was (i) cancellation of all the agreements; (ii) refund of money...

RERA Does Not Bar Consumer Fora From Entertaining Complaints By Allottee, Reiterates Supreme Court

The Supreme Court has reiterated that Section 79 of the RERA Act does not bar the Consumer fora from entertaining complaint on behalf of an allottee.In this case, the issue before the Delhi High Court was whether the proceedings under the Consumer Protection Act, 1986 can be commenced by home buyers (or allottees of properties in proposed real estate development projects) against developers, after the commencement of the Real Estate (Development and Regulation) Act, 2016. The High Court...

Entitlement Of Homebuyer Starts From Date Of Agreement And Not RERA Registration: Supreme Court [Read Judgment]

The Supreme Court has held that period for allotment of flat to a homebuyer has to be reckoned from the date of the buyer agreement and not from the date of the registration of the project under the Real Estate Regulation and Development Act (RERA Act).A division bench comprising Justices UU Lalit and Vineet Saran made this observation in the judgment in the case M/s Imperia Structures Ltd vs Anil Patni and another.The Builder Buyer Agreement in the case was executed on November 30, 2013. The...

SC Tells Bombay HC To Decide Pleas On RERA Expeditiously, Other HCs Asked To Wait For The Decision

The Supreme Court on Monday directed the Bombay High Court to expeditiously decide all pleas and petitions challenging the validity of the new Real Estate (Regulation and Development) Act.The bench of Justice Arun Mishra and Justice MM Shantanagoudar directed other high courts where similar pleas against the legislation have been filed to wait for the Bombay High Court’s decision in the matter.The bench was hearing the Centre’s application seeking transfer of all RERA-related matters from...

SC Agrees To Hear Centre's Plea To Transfer All Petitions Challenging RERA To SC

The Supreme Court has decided to hear on Monday the Centre's plea for transfer of  cases , challenging the validity of the RERA, pending in various high courts to the Apex court.The Real Estate (Regulation and Development) Act , 2016 came into force from May 1 this year. However the validity of the Act has been challenged in various high courts by the builders and promoters.Appearing for the central government Additional Solicitor General (ASG) Maninder Singh mentioned before the bench headed by...