RERA measures if there is No Construction of the Building by the Builder
The huge number of complaints are coming across, wherein the money of the innocent home buyers is stuck with the abandoned or stalled projects.
The huge number of complaints are coming across, wherein the money of the innocent home buyers is stuck with the abandoned or stalled projects.
The Karnataka state government is yet to come out with format to agreement for sale (AOs) as specified under section 84 of the act.
RERA does not speaks about the alteration of the terms and condition of the agreement to sale but if there is any contradiction, it is understood that law will prevail.
The Maharashtra RERA in its ruling shed some light on the refund of booking amount as in its order the authority directed the developer to give back the booking amount.
The Real Estate Industry in India has seen a drastic change after the Real Estate (Regulation and Development) Act, 2016 (RERA) coming into picture. Though the Act is applicable to all the states of the country but Maharashtra seems to be quickest amongst all. The Maharashtra Real Estate Regulatory Authority (MahaRERA) and the Adjudicating … Continue reading “Agreement to lease falls within the scope of RERA”
Real Estate Regulatory Authority Act, 2016 (hereinafter referred to as “RERA Act”) basically aims to bring efficiency and transparency to the real estate industry, and one of the main priority to protect the interest of the buyers in the real estate sector.
The criminal liabilities that may be invoked in a subvention scheme may vary depending upon the facts and circumstances of each case.
In the past five years of RERA, it has been successful to tackle the issues between the Home Buyers and Builders or Developers and providing transparency into the real-estate projects.
the orders passed by Rajasthan RERA that the Bank after exercising their rights over the real estate project under Section 13 of the SARFAESI Act becomes the assignee of the builder and are amenable to the jurisdiction of the RERA Authority.
The choice between ‘arbitration’ and ‘litigation’ is not one that can be made in a vacuum. Arbitration can and should be a flexible and efficient procedure for adjudicating disputes.
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.
RERA Act grants the remedy to the homebuyers where they can file a complaint under section 31 of RERA Act and can claim interest for delay in possession by the developers. Homebuyers must seek legal assistance without delaying.
Section 18(1) of the RERA Act provides for ‘Return of amount and compensation’ which is the base for complaint under section 31 seeking refund, interest and compensation.
A subvention scheme may end up to be a double-barreled if the developer fails to deliver the project on time, the burden of both rent and EMI will must be borne by the homebuyer.
Since the real estate projects are the turkey projects and take multiple years to get it completed, a normal delay can be accepted. Any delay of more than 1 year from promised date of possession is regarded as ‘extra-ordinary delay’.