How to take maximum benefit from RERA as a Homebuyer and as a builder?

RERA was established to do away with project delays, malpractice, and irregularities in norms and increase transparency and accountability from builders and homebuyers both.

Right of homebuyer seeking refund and compensation for a delayed project

Section 18 (1) gives two kinds of rights to the homebuyers i.e. right to get a Refund along with Interest and the Right to get Compensation.

Position of home buyers in the case of Insolvency

The allottees are left helpless when the developers stands either insolvent or incapable of delivering the possession even after passage of years beyond the date of delivery.

Allottees/Buyers must form group or association to counter the violations committed by the builders

All allottees approaching before these forums secure reliefs for them but the execution force is a bit low therefore they feel remediless even after winning a long legal battle. A better option which has come forward is where allottees come forward to form a group and then approach these forums.

Karnataka High Court orders for interim stay on the recovery of EMI from Homebuyers

The Karnataka High Court on 16.11.2021, allowed a deferment of all loan repayments, and directed the bank not to recovery the home loan and refrain from take any coercive action.

Can homebuyers approach the Supreme Court under Article 32 against developers?

The Hon’ble Supreme Court in its latest judgement dated February, 11 2021 declared that the proceedings under Article 32 of the Constitution by a purchaser, seeking relief in respect to a real estate project cannot be entertained.

How NCLT through IBC can help homebuyers to get refund from defaulting Builders

Hon’ble SC clarified the position of the homebuyers similar to that of a “financial creditor” under the IBC, after this the homebuyers were at a par with banks and financial institutions.

UP-RERA TO CONDUCT ONLINE LOK ADALAT TO SETTLE THE DISPUTES OF THE HOMEBUYERS

Lok Adalat will be held online and complaints filed before the UP-RERA under Section 31 of the RERA Act in which amicable settlement is possible or a party has filed an application for settlement will be heard.

Mediation Helps Settle Dispute between Builder and Homebuyers

Disputes between builders and homebuyers in the Maharashtra that went to mediation were successfully settled, preventing time-consuming litigation in RERA Authority.

Pandemic fueled delay in possession hit homebuyers hard

Homebuyers were promised possession years ago but till date thousands of them are still waiting to get the possession and have faith in the system to get justice.

Bombay High Court prohibit banks to recovering EMI from Homebuyers

Homebuyers who had taken a loan from the banks to pay for their flats in the Project, were being harassed by the banks who were forcing the homebuyers to pay their EMIs.

How to Choose Best Legal Firm for Joint Insolvency Petition By Homebuyers

Homebuyers while filing the joint petition before NCLT under IBC laws, should chose the legal firm very carefully.

How IBC is Better than RERA for Homebuyers

IBC undoubtedly appears to be a better alternative in comparison to RERA. IBC offers a time bound resolution of the grievance of the homebuyers.