Hon’ble High Court once again demonstrated its power to command the concerned authorities to execute the process of law and to grant relief to the innocent.
Category: RERA Consulting
RERA Imposes Rs 2.5 Crs penalty on developers for failure to comply the RERA orders
UPRERA Authority has imposed penalty of Rs 2.5 crore against 11 developers for failing to comply with the authority’s order, which were in favor of homebuyers.
UP RERA missing the mark in securing Recovery Certificates
The authority should take proper cognizance and ensure compliance of Recovery Certificates by builders and protect the interest of homebuyers.
Villagers take over Today Homes Canary Greens project in Gurugram
A group of villagers, from whom Today Homes got land, took physical possession of the project and put up a notice at the gate of the nearly fully booked but incomplete housing society.
UPRERA swings into action- Clears backlog of 2400 cases vide online hearing
Hon’ble UPRERA Authority has heard more than 2400 cases post the lockdown through the means of Video Conferencing which is the new way of life for all of us.
Banks cannot auction defaulting projects without allottees’ consent- HARERA
HARERA has barred the auction of a loan-defaulting project by bank to recover damages without prior adjustment of allottees’ dues.
RERA requests RBI to Restructure Promoter’s Business Loans for Revival of Real Estate Sector
The RBI needs to take affective steps in order to tackle the financial crisis being faced by the developers. If it continues longer, the interest of homebuyers may be compromised due to delay or non-delivery of projects.
No Fresh License to Builders with Delayed Projects: HARERA
The Haryana Real Estate Regulatory Authority has issued notice to Empire Realtech Pvt Ltd along and an associated company, CHD Developers for completion of ongoing projects or face cancellation of registration. The HARERA has decided to debar builders from acquiring fresh licenses whose previous projects have been delayed. Also, the authority will blacklist such builders and a list of 50 builders in Gurugram has already been prepared.
Contradictions between The RERA and IBC
The IBC recognizes homebuyers under financial creditors to protect their rights even when a creditor, other than a homebuyer, invokes insolvency proceedings against the builder.
The Applicability of Section 10A of IBC would be Retrospective in Nature
The default occurred after the cut-off date, the NCLAT held that the bar imposed under Section 10A was clearly attracted.
If Development Work is Pending, It would be ongoing projects: Allahabad High Court
Every project where the development work is still not completed at the time of the commencement of the RERA Act, will be considered as an ongoing project whether or not the application for completion certificate is filed before a competent authority.
RERA does not bar remedies under Consumer Protection Act: SC
Supreme Court rules that remedies under RERA and Consumer can be pursued by a buyer and one does not bar another. The same has been done in the matter of “M/S Imperial Structures Ltd vs Anil Patni and another”.
HARERA Fixes 1% Brokerage on Sale/Purchase in Real Estate Sector
A decision by the authority is a fundamental step towards constraining the real estate agents from exploiting extra money from buyers and sellers. The brokerage being fixed will turn down the chances of overcharging ultimately protecting the interest of homebuyers.
SEBI Fines Kalpbut Real Estate for Illicit Fund Raising
SEBI ordered Kalpbut Real Estate to refund the illegally raised Rs 15 crore back to investors along with 15 per cent interest annually on the refund amount.
Punjab & Haryana HC Finally settles the Dispute of Power between RERA Authority and Adjudicating Officer
The High Court of Punjab and Haryana finally settles the dispute of granting refund under RERA. The High Court in a detailed judgment has finally decided the matter in favour of RERA Authority and has ruled that RERA Authority will have power to grant refund and possession and Adjudicating officer will only have limited power with respect to granting Compensation.