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RERA ERA, G-01, Gokul Nilaya, 6th cross, Maruti nagar, BTM 1st stage, Bangalore (2026)

04/05/2021

SUPREME COURT DECLARED WBHIRA ACT AS UNCONSITUTIONAL

While the central Government has passed RERA act in the year 2016. State Of West Bengal did not adopt the act, But Rather went ahead with its own legislation called West Bengal Housing Industry Regulation Act. The Hon'ble Supreme court in view of Art.142 of the constitutional powers has held this act to be unconstitutional and struck down the act and further told that the striking down would not review the 1993 Act, as the same stands repealed with enactment of RERA act by central Government. While the act was having similar provisions as to that of RERA act. Some of the provisions were contrary to the RERA act. There is significant & overwhelming & over lapping of the provisions of the act with central act. Also the WBHIRA Act does not complement the central act. The WBHIRA act purports to occupy the same subject matter as the Centre's RERA enactment which is constitutionally not permissible & the state act stands Repealed.

29/04/2021

APPELLATE TRIBUNAL OF MAHA RERA DIRECTS BUILDER TO REFUND THE ENTIRE AMOUUNT

In a particular case where in the allottee/ purchaser of the flat has booked the flat by paying the advance amount towards the said flat and in this respect there was no booking form or application executed & signed between the parties but a letter designed as request for reservation with printed format along with terms & conditions was made while the Builder/developer has received the amount from the party for the construction & handing over of the apartment to the purchaser. It has certain conditions that the party who has booked the flat did not have cancellation right rather it mentioned that if the party wants to cancel the same then the amount of 10 % of the sale consideration amount or the amount paid as booking amount shall be forfeited and if any thing remaining will be repaid back within 60 days without any interest.
The party who has signed the request for reservation has sought for cancellation due to family emergency. As such the builder/developer has refused to refund the amount paid initially. So a complaint was preferred in RERA Authority & Authority directed the builder to refund the money in accordance with the conditions of booking form entered by both the parties. The said order was challenged in Appeal as there was no Booking form or Agreement entered between the parties. It was only request for reservation. Thus the Appellate court in its order set aside the order passed by RERA Authority & directed the builder to refund the entire amount to the party to whom yet the allotment was not issued for the said flat.

Advocate
Sharada HV

17/12/2020

KARNATAKA RERA AUTHORITY IMPOSES FINE ON BUILDER FOR NON REGISTRATION OF PROEJCT

In a complaint filed by the residents of Platinum city before Karnataka Rera Authority that the builder has not provided OC, No water connection & domestic Electricity for the residents where 1000 home buyers are residing since 2010. In spite of several requests form the Home Buyers builder has failed to provide OC for the project with the water & Electricity connections. Hence after detailed hearing of the case as builder has not submitted the relevant documents for finishing the project by providing required OC of the project, RERA Authority has passed the order imposing fine on the builder for Not completion of project & not registering the project with RERA.

17/12/2020

MAHA RERA ORDERS SEC.18 OF RERA ACT NOT APPLICABLE

In a case filed by Home buyer against the builder under sec.18 of Rera act seeking for delay compensation as the builder has failed to give possession to the home buyer. Interestingly the Agreement that was entered into between the builder & buyer does not specify any date of completion & handover of possession, while the agreement mentioned the handover date as stipulated time but no such stipulated time was specifically mentioned thereunder. Hence the MAHA RERA after hearing the complaint & verifying with the available documents produced by the complainant has held that as no specific date was mentioned in the agreement, sec.18 of RERA act will not be applicable. Hence complaint got dismissed. Buyers should be aware of the words used in the agreement very specifically to protect themselves of the agreement clauses.

14/12/2020

SUPREME COURT SAID REILEF TO HOME BUYERS ARE AVAILABLE UNDER RERA ACT AND CONSUMER PROTECTION ACT

In a recent case Hon'ble Supreme Court has said that the remedies under the consumer protection act are in addition to the other remedies available under the special statutes and the availability of the relief under RERA act act is not a bar to entertain the complaint under consumer protection act. But the aggrieved party can approach either the consumer protection act or under RERA act and cannot initiate actions together under both the law provisions.

14/12/2020

SUPREME COURT SAID HOME BUYERS ENTITLED FOR COMPENSATION UNDER SEC.18 OF RERA FROM THE DATE OF AGREEMENT AND NOT DATE OF RERA REGISTRATION

Hon’ble Supreme court has observed in the case of M/s Imperia Structures ltd., Vs Anil Patni & another-
“Merely because the registration under the RERA act is valid till 31.12.2020 does not mean that the entitlement of the concerned allottees to maintain an action stands deferred”. The court further stated “It is relevant to mention that even for the purpose of section 18 of RERA the period has to be reckoned in terms of the agreement & not the registration”. The entitlement of the complaints case must be considered in the light of the terms of the builder Buyer agreement.

04/12/2020

SUPREME COURT SAID HOME BUYERS ENTITLED FOR COMPENSATION UNDER SEC.18 OF RERA FROM THE DATE OF AGREEMENT AND NOT DATE OF RERA REGISTRATION

Hon’ble Supreme court has observed in the case of M/s Imperia Structures ltd., Vs Anil Patni & another

“Merely because the registration under the RERA act is valid till 31.12.2020 does not mean that the entitlement of the concerned allottees to maintain an action stands deferred”. The court further stated “It is relevant to mention that even for the purpose of section 18 of RERA the period has to be reckoned in terms of the agreement & not the registration”. The entitlement of the complaints case must be considered in the light of the terms of the builder Buyer agreement.

09/10/2020

KARNATAKA RERA AUTHORITY ATTACHES BUILDER PROPERTY WORTH 134 CRORES FOR RECOVERY OF MONEY DUE TO HOME BUYER

28/09/2020

UP RERA PLANS TO AUCTION BUILDERS PROPERTY

As there were several thousands of cases filed by the Home Buyers in the RERA seeking for the reliefs. Rarely the Builders have complied with the orders passed by RERA. Thus putting the Home Buyers into the state of Nothingness, taking note of this UP RERA Authority has notified 25 Developers and their Properties who have failed to Comply the RERA orders to be out on auction for recovering an amount of Rs.600 Crores which needs to be paid by the builders to various Home Buyers as per RERA orders passed by the AO & RERA Authority for the defaults of builders.
This action of RERA authority will be the helping hand for the thousands of suffering home buyers who are struck with half developed Real Estate projects and are awaiting for possession of their homes or recovery of money from the builders for the past 6-7 years and in some cases the waiting period has even been upto 10 years. This power of RERA Authority has to be exercised to help the large number of suffering home Buyers.

28/09/2020

RERA ORDER EX*****ON- How to get RERA order ex*****on done?

Under RERA any home buyer who has approached the RERA Authority seeking for the reliefs under sec.18 and the Authority has issued orders under RERA act. Then the Builder has to complpy the said orders with in a time limit of 45-60 days from the date of order. Any order made to be paid by the builder/developer to the home buyer and inspite of the said order if the Builder/developer has failed to make such payment in the time frame. The party who has got orders from RERA authority shall move an application for ex*****on of the said order after expiry of 60 days from the date of Order. Then the Authority will hear both the parties & after considering the same will pass an order for ex*****on which shall be executed through the recovery officer who will be the DC or Dist. collector of the said district. In the process of recovery builder will be issued with a Notice to make the said payment which is due as arrears & inspite of the said notice if the builder/developer fails to make such payment then the DC shall attach the property belonging to the builder/developer for recovery of the said amount from builder. Later after the recovery of same it will be sent to RERA authority for making such payment who is entitled under the Recovery order issued by RERA authority.

28/09/2020

ORISSA HIGH COURT SAID INVESTOR PROTECTION LAWS NOT APPLICABLE TO BUYER & BUILDER AGREEMENTS:

In a recent case where the dispute between the Investor with a real estate firm/company later on took the form of entering into an agreement between Home buyer & Builder, as such the investor has filed a criminal complaint by lodging FIR under 406 & 420 of IPC provisions and led to filing a criminal complaint. The lower court has entertained the case as the issue was with respect to the cheque bounce issued by the Builder to the Investor/Buyer. In a petition filed before the High court of Orissa the investor has invoked the provisions of Protection of Investors act against the Builder. The court has dealt with the case in detail in reference to the provisions of the Orissa Protection of Investors act and the court has clearly held that as there is an Agreement between both the parties which is the Real estate Buying Agreement. The court has refused to entertain claim under the provisions of Investor protection act & has asked the parties to approach the Relevant Forum of law to address their grievances under RERA laws. The High court has also asked the State Government to give wide publicity about the RERA laws to the general public so that the grievances shall be addressed at proper courts only.

28/09/2020

NCLAT DELHI SAYS HOMEBUYERS CANNOT INVOKE IBC PROCEDINGS FOR RERA AWARD

In a case filed by Home buyers against Ansal properties under the proceedings of sec.7 of IBC and the case was admitted, wherein Moratorium order was issued to by appointing a IRP Interim resolution professional to take care of the issues of the company. The parties who have filed a petition under IBC against the Builder/Developer has earlier approached the UP RERA seeking for the reliefs against the Builder & also got issued the Recovery certificate under the provisions of RERA. The claim of the petitioners was entirely based on the RERA award, The IBC proceedings were initiated by the 2 home buyers on the basis of RERA order & Recovery certificate. In the appeal filed before NCLAT, the Appellate court has very clearly said that no IBC proceedings shall be initiated for the ex*****on of the award passed under RERA Act. In such a case they need to seek recourse of ex*****on under the civil laws available.

RERA ERA

04/05/2021

29/04/2021

17/12/2020

17/12/2020

14/12/2020

14/12/2020

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09/10/2020

28/09/2020

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28/09/2020

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Monday	9am - 6pm
Tuesday	9am - 6pm
Wednesday	9am - 6pm
Thursday	9am - 6pm
Friday	9am - 6pm
Saturday	9am - 6pm