Execution- Yet another hurdle for Homebuyers
In UP RERA, a separate department has now been made to look into the matters where the execution of the order has not been done.
In UP RERA, a separate department has now been made to look into the matters where the execution of the order has not been done.
Not mentioning the date of giving possession to the buyer is a clear matter of fraud and misrepresentation and as per the Maharashtra Ownership of Flats Act of 1963.
In the year of 2016, a new set of laws as RERA Act have been implemented, specifically to protect the homebuyer and ensure the growth of real estate sector.
There are such no. of cases wherein Builder does not have OC but they are offering the possession to the Home-buyers; even knowing the fact that this is an illegal act.
An application filed by the homebuyers under section 7 of IBC shall be maintainable. Therefore the homebuyers are advised to approach NCLT under IBC to recover their stuck money in a time-bound manner.
MAHARERA keeping up with the spirit of the Act recently has passed an order asking the builder to pay a sum of Rs.1.5 Lakh as penalty to the RERA authority for not registering the sale agreement.
The high court upheld the decision of the Appellate tribunal by directing the builder to deposit the 50% of the refund amount as ordered by the authority in order to hear the plea.
The homebuyers who wish to seek refund of their amount are legally entitled to approach National Company Law Tribunal (NCLT) under IBC.
If there is no assured return plan incorporated into the builder buyer agreement entered into between the homebuyer and builder then the homebuyer had to approach RERA to seek refund.
MahaRERA had setup a Conciliation Forum for aggrieved homebuyers who can approach the forum to get their grievances solved, before lodging complaints with the MahaRERA.
The legality of the offers of the possession by the builder in case no OC has been received by them from the concerned authority had been discussed and pronounced.
Brochures of Project were printed and distributed before the commencement and implementation of RERA therefore, the same cannot be treated as legal entity.
The grievances of the homebuyers who have already taken the possession will be entertained by the AGRF now as the matters related to delay in possession of ongoing projects is under the purview of HRERA.