Since there are various difficulties in getting the order executed. At this point of time, the orders may be executed through RERA and also one can approach NCLT under IBC Law.
Category: Business Advisory
2 years of RERA Implementation- A Practical Experience
Centrik has tracked and been with RERA since its 1st day of implementation. During these 2 years of journey, we have resolved more than 6700 assignment relating to RERA and Insolvency laws on different issues.
Cost of advertisements are not a part of the cost of construction
MahaRERA makes it abundantly clear that cost of construction of the project shall not include marketing and brokerage expenses towards sale of apartments.
Critical Analysis of RERA
The act was introduced to curb the mal-practices and the abuses caused to the customer. The act intends to protect the interests of the consumers and regulate the real estate sector.
Deregistered Projects and Homebuyers- The Road Ahead
This is the first time that a RERA Authority has ordered the deregistration of a project on the grounds given under section 7 of the RERA Act, 2016.
A new tool in the hands of RERA Authorities
The RERA Act empowers the Regulatory authority to call for information or conduct investigations. These investigations have been mainly in the form of financial audit conducted by the auditors.
Brief Introduction to RERA
Over the course of the last two years, RERA has come up and grown as an effective weapon for consumers in the real estate sector. RERA has established itself and gained the awareness necessary to protect home buyers.
NCDRC vs RERA vs IBC, Which Is the best mechanism for consumers to get timely relief
Supreme Court allowed several buyers to join their suit property in order to increase valuation of their dispute and approach the NCDRC however buyers still find it difficult to get timely relief from the NCDRC.
Rajasthan RERA: Winding-up proceedings under Companies Act shall not bar RERA proceedings
No suit or legal proceeding against the company can be commenced or continued against the company after the passing of the winding up order except with the permission of the Tribunal.
UPRERA: Deregisteres Unnati Fortune Holdings Project
UPRERA has deregistered a promoter/developer over financial irregularities, money laundering, double allotment of flats, diversion of funds and for many other reasons.
UPRERA Works Diligently: Disposed off more than half of the complaints
13000 complaints have been filed with UPRERA out of which 7000 complaints have been disposed within a span of almost 8 months.
RERA to take over the completion of abandoned projects
The builders who have just simply vanished or are in jail or have eloped due to major bungling done by them, the judicial process of such projects becomes a little difficult.
Home Buyers can approach NCLT in case of extraordinary delay in possession or refund
Insolvency and bankruptcy Law 2016, has categorised the home buyers debt as financial debt to the real estate company/builder and therefore, homebuyers can claim their dues as bank claims its debt.
MahaRERA Opens-up door for Revocation
MahaRERA has wide order No 8/19 dated 28th March 2019 opened up door for revocation of the registration in accordance with Section 7 & 8 of RERA Act 2016.
Pendency of proceedings before debt recovery tribunal cannot affect the petition under 7 of IBC
If some other recovery proceedings are pending or the amount of claim is disputed before other tribunal or adjudicating body that won’t empower the adjudicating authority to reject the petition.