The Supreme Court overturn decision of the a 5-Judge Bench order of the NCLAT that balance sheet entries do not amount to the acknowledgment of a debt and thus do not extend limitation under Section 18.
Category: Corporate Litigation-All In Way
Offences and Penalties under RERA
The RERA Act is the best reform happened for the homebuyers. If in any situation a dispute arises, the offences, procedure and penalty is being clearly stated.
Arbitration Overview: Meaning and Importance
Arbitration is a form of dispute resolution which make both the parties mutually agree on the procedure of arbitration. Arbitration the most efficient form of remedy for settlement of dispute as it saves a lot of time and resources.
Flat buyers associations are consumers for builders and are entitled to file complaint before Consumer Forum
Hon’ble Supreme Court has reiterated and upheld that legal position of the Flat Buyers Association as consumer and has also made it clear that the builder cannot occupy any place, without the permission of the association, after the project is handed over.
Karnataka-RERA warned 373 projects to complete before deadline ends
Karnataka Real Estate Regulatory Authority (hereinafter referred to as K-RERA or authority) has given a deadline extension for the projects that were supposed to be completed in April or later to September 2021.
Harassment by Recovery Agents
Harassment by the bank and agents are situation which makes an individual suffer through mental and sometimes physical damage too. Keeping such situation in mind a conduct is been laid for the agents to perform under.
Subvention Scheme and The Risks Associated
Before signing on subvention agreement the buyers must read the agreement thoroughly to avoid any mishappening in future.
Complaint can be filed against subvention scheme violation under RERA
The RERA Authority has the power to decide and dispose of the complaints as RERA is the best and most expeditious remedy for homebuyers to get justice from the builder when they violate the subvention scheme and delays the possession.
The Credit Information Companies and ‘Credit Score’
A credit history is considered as a record of a borrower’s repayment of debts. Being a record of the borrower’s credit history from numerous sources, including banks, credit card companies, collection agencies, and governments.
Summary suit for Recovery of Money
summary suits are straightforward and ease to go for the plaintiff and stiffer for the defendant to defend as comparative to ordinary suits.
One-sided terms in favor of Builder are non-enforceable: Supreme Court
The Supreme Court has finally settled the law and has provided relief to all the allottees which were being regularly harassed by the builders under the shed of one sided clauses in the Apartment Buyer’s Agreements.
Statutory Compliance under RERA Act, 2016
The provisions were not sufficient to render punishment to the developer and the builder for misconducting and breaching the terms and conditions of the builder buyer agreement in the long run.
How long RERA takes to decide a complaint
The RERA Act has provided a very speedy and summary procedure to resolve the issues. This has provided relief to a lot of allottees and has also regularized the real estate market.
No modification or withdrawal of resolution Plan after submission to NCLT : SC
The Adjudicating Authority cannot allow or approve the application regarding modifications or withdrawals of CoC-approved Resolution Plans once the plan has been submitted before NCLT.
SWAMIH Investment Fund for Stalled Projects
SWAMIH Investment Fund I Scheme is a real saver for builders and developers. The fund provides aid to the builders who falls under the category and intends to complete the stalled projects on time.