RERA SIKHO

20/09/2024

19/09/2024

Eye opener

महाराष्ट्र का पुणे शहर. Ernst & Young (EY) नाम की कंपनी, जिसे 'Big Four' में...

19/09/2024

रेरा के अध्यक्ष संजय भूसरेड्डी का कहना है कि परियोजना में (UP RERA) निवेश करने से पूर्व उप्र रेरा के पोर्टल पर एजेंट का प....

15/09/2024

15/09/2024

Judgement

Uttar Pradesh RERA: As per the provisions of the RERA Act and pursuant to other legal agreements/ contracts, there is no justification of 'super area'.

15/09/2024

judgement

Uttar Pradesh RERA: As per the provisions of the RERA Act and pursuant to other legal agreements/ contracts, there is no justification of 'super area'.

15/09/2024

Uttar Pradesh RERA: As per the provisions of the RERA Act and pursuant to other legal agreements/ contracts, there is no justification of 'super area'.

05/09/2024

RERA JUDGEMENT

राजस्थान रियल एस्टेट रेगुलेटरी अथॉरिटी, के एडजुडिकेटिंग ऑफिसर जस्टिस आरएस कुल्हारी ने बिल्डर की परियोजना में खर....

21/08/2024

Legal Remedies if real estate project is stucked

Highlights
Section 18 and Section 31 of the Act provides that the allottee through an Advocate, Company Secretary or Chartered Accountant or by himself file a Complaint with the Designated authority of Real EstatAe Regulatory Authority (herein referred to as “the RERA”) set up under the jurisdictional State or Union Territory.

The RERA shall issue notice for Compliance of the Order and provide some time for submission of required documents to proof that the Builder has complied the Order of the Court.

Real Estate Sector, which seems to be one of the major contributors in the inclusive growth of the nation with the contribution of around 8% of total GDP. Remarkable performance of this Industry with the involved substantial transactions has fetched the government attention to make proper policy and regulation for the real estate sector. Apart from this, the sudden downfall in the Real estate sector due to Statutory & Regulatory changes, diversion of funds by the Builder, Legal disputes pending with the Regulatory authorities as well as Farmers led to a deep-seated transformation for which the Real Estate (Regulation and Development) Act, 2016 (herein referred to as “the Act”) came into force in 2017.

At the time of enforcement of the Act, many Real estate projects were stalled in which many buyers invested their hard-earned money and were neither given possession as per the agreement entered with the Builder nor got a refund of their hard-earned money. Such a situation was handled by the Act which provided provisions to help out these buyers through the legal process.

Following are the legal solutions that an allottee must avail if he is also stuck in one of these stalled Real Estate Project:

A. Taking possession of the property along with delayed interest and penalty, as applicable

Section 18 and Section 31 of the Act provides that the allottee through an Advocate, Company Secretary or Chartered Accountant or by himself file a Complaint with the Designated authority of Real EstatAe Regulatory Authority (herein referred to as “the RERA”) set up under the jurisdictional State or Union Territory.
The RERA shall review the Complaint and if thought fit, shall admit the case and issue notice to the Builder to Show Cause, why the relief should not be granted to the Complainant under Section 18 of the Act.
The allottee has the right to get possession of the alleged property along with the Interest on delayed period at such rate as may be determined by the Court.
The RERA on considering the merits of the Case may dispose off the case or pass orders for possession of the property along with delayed period Interest and penalty, if any.
If the Builder does not adhere to the Court orders, then the Complainant can also proceed for filing Ex*****on of the Order passed by the Court and get its order executed.
The RERA shall issue notice for Compliance of the Order and provide some time for submission of required documents to proof that the Builder has complied the Order of the Court.
If still the Builder does not comply with the Ex*****on of Order proceedings, the RERA shall proceed with proceeding under Section 63 of the Act in which the Builder shall be liable to pay 5% of the total cost of the project along with relief awarded to the Complainant.
B. Withdrawal from the Real Estate Project

Section 18 of the Act also provides that if the Allottee does not wishes to continue in the Real Estate Project then such allottee through an Advocate, Company Secretary or Chartered Accountant or by himself, file a Complaint with the Designated authority of Real Estate Regulatory Authority (herein referred to as “the RERA”) set up under the jurisdictional State or Union Territory.
The same process as mentioned in the above paragraph (A) 2 to 7 will be followed and the allottee can get the refund of the money invested along with interest, as may be determined by the Court.
In case, the Complainant is aggrieved by the Order of the RERA, then he may approach the Real Estate Appellate Tribunal to file appeal against the order passed by the respective RERA within 60 days from the date on which a copy of order was received. In case, the Complainant is aggrieved by the Order of the Appellate Tribunal , then he may approach the jurisdictional High Court to file appeal within 60 days from the date on which a copy of the order was received.

21/08/2024

Rights of buyer under RERA

Highlights
RERA legislation and regulations aim to safeguard homebuyers or allottees from unlawful practices by builders and provide them with an efficient mechanism to address grievances.

The Real Estate Regulatory Authority (RERA) was introduced in 2016 and enforced in 2017 in various Indian states to streamline and enhance the real estate sector by fostering transparency and accountability. RERA registration is mandatory for buildings with more than 8 units or land development exceeding 500 sq m. RERA legislation and regulations aim to safeguard homebuyers or allottees from unlawful practices by builders and provide them with an efficient mechanism to address grievances.

Section 19 within Chapter 5 of the RERA Act, 2016 outlines specific rights of homebuyers or allottees, which are as follows:

1. (Section 19(1)) Right to Access Information: Homebuyers have the entitlement to access project information, including approved plans, layout plans, RERA registration numbers, and specifications authorized by the competent authority.

2. (Section 19(2)) Right to Know Completion Schedule: Homebuyers have the right to be informed about the stage-wise schedule for project completion, including provisions for water, sanitation, electricity, and other amenities as stated in the agreement for sale.

3. (Section 19(3)) Right to Claim Property Possession: Homebuyers can claim possession of the property, including common areas, once all necessary formalities are completed, and the required payment has been made.

4. (Section 19(4)) Right to Claim Refund: Homebuyers have the right to file a complaint under RERA and seek a refund of the amount paid, along with interest and compensation, if the builder fails to meet the terms specified in the sale agreement or discontinues business due to registration suspension or revocation. Developers are given an opportunity to set a reasonable delivery timeline; otherwise, they face penalties. Dissatisfied buyers can also appeal to the Appellate Tribunal.

5. (Section 19(5)) Right to Obtain Documents: Upon receiving physical possession of the property from the developer, homebuyers are entitled to relevant documents and plans, including those pertaining to common areas.

6. Rights in Case of Defects: If structural defects or quality issues arise within 5 years of possession, the builder must rectify these within 30 days at no additional cost to the buyer.

19/08/2024

6. Sanjeev Dhakar Vs. M/s. Arkanade Realty The petitioner in this case had paid the builder for a house in an apartment complex. The agreement was signed between them and executed as well by both parties. What becomes the issue is the parking space which was to be allotted to the petitioner. The parking space was not provided and the same was actually sold to another allottee. The petitioner contended this. Ratio Decidendi: When a builder takes up a project to provides apartment complexes, the allottees must also receive their assigned parking spaces, it would fall under the ambit of the RERA Act. 7. Geetanjali Aman Construction Vs Hrishikesh Ramesh Paranjape The bone of contention for the present case is with regards to the interpretation of Section 3(2) of the RERA Act. The provision deals with the registration of estate and what would be considered as the qualifying conditions. The section states the ‘a plot which does not exceed 500 sq. ft. or the building does not exceed eight floors’. The question of interpretation came into picture as there was a disputed estate with 9 floors. Ratio Decidendi: The interpretation of clauses regarding conditions to be fulfilled must be read in their truest form. 8. Sushil Ansal v. Ashok Tripathi, Saurabh Tripathi (2020) This case is a unique one as it talks about the credit factor of a builder. In the instant case, the builder was declared bankrupt and they owed money to allottees to a tune of Rs. 73 Lakhs. This meant that the allottees would be legally called financial creditors to the builder. The bone of contention here is, where can these creditors seek redressal from. Ratio Decidendi: When an allottee is also a creditor to the builder, he may seek redressal only under the RERA Act for cancellation/refund and consumer forum. 9. Jitendra Jagdish Tulsiani vs. Lavasa Corporation Ltd (2018) The contention of the present case relates to a specific type of transfer of property-lease. RERA Act does not specifically mention what type of transfer comes under its jurisdiction. Therefore, the authorities themselves dismissed the above-mentioned petition. Ratio Decidendi: RERA Act is applicable with the transfer of immoveable property and the regulation of the same. Leasing is a type of transfer and it would come under the ambit of the RERA Act. 10. Rakesh Kumar Gupta Vs. Ansal API (2017) The RERA Act aims to protect the allottees first and only then the builders and promoters. But there have been instances, where the builders and promoters have to be protected due to a multitude of reasons. The present case relates to an instance where the allottee delayed in the possession of the property by 45 days. This cost the promoter some expenses on maintenance which was huge. Ratio Decidendi: If the allottee delays in occupying the property, then the allottee must pay a 10% interest on the transactional value as compensation.