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Blogs - Business Advisory Archives - Page 5 of 56 - Centrik

CentrikBlogsBusiness Advisory

Category: Business Advisory

Allottees can file joint (representative) complaint against builder if grievance is same?

Posted by Ayushi SinghPosted on March 2, 2022March 14, 20220 CommentsCategories Authentic Legal Advice, Corporate Litigation-All In Way, RERA ConsultingTags appeal with the RERA Authority, complaint with the RERA Authority, Delay in Possession, file a RERA complaint, How to file complaint under RERA, misleading advertisement, Non-disclosure of project details as required, request a refund with interest

If a buyer is dissatisfied with the RERA Authority’s judgement, he or she may file an individual appeal or a buyers’ group may file a collective appeal with the RERA Authority.

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Unreasonable maintenance charges charged by builder

Posted by Adv_Pooja_DuaPosted on February 27, 2022March 21, 20220 CommentsCategories Corporate Litigation-All In Way, Insolvency & Bankruptcy Code 2016, Registration And Compliance, RERA ConsultingTags advance maintenance charges collected by builders, can builder charge maintenance without completion certificate, complaint against builder for maintenance charges, gst on maintenance charges by builder, maintenance charges with GST, RERA rules for maintenance charges, Unreasonable maintenance charges

Real Estate sector has grown beyond expectations in recent times, it has also brought various duties and responsibilities for all the people involved. One of such responsibility lies on the shoulder of the promoter or the developer.

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Limitations of RERA Act

Posted by saumya sharmaPosted on January 22, 2022January 22, 20220 CommentsCategories Registration And Compliance, RERA ConsultingTags Advantage and disadvantage of RERA Act, advantages of rera registered projects, benefits of rera to developers, Best Limitations of RERA Act, guidelines for land advancement, pros and cons of rera, Real Estate Limitations, Solutions to the Stalled projects under RERA

In India after farming, the second biggest financial area is of land and building up of RERA Act, 2017 is a major advance towards a more organized method of managing the housing market in India.

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

Posted by Adv_AnujPosted on January 21, 2022January 22, 20220 CommentsCategories Authentic Legal Advice, Corporate Litigation-All In Way, Registration And Compliance, RERA ConsultingTags Complaints against Builder, consequences of non completion of real estate project, delay in execution of the RERA order, File a complaint in Consumer Court, How to file Group Complaint under RERA, insolvency process of the builder company, remedy under RERA for allottee, solutions for homebuyers under RERA, violations by Builders, what if builder fails to give registry

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.

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Completion Certificate, Occupation Certificate and Possession Issues

Posted by Adv_AnujPosted on January 18, 2022January 18, 20220 CommentsCategories Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Registration And Compliance, RERA ConsultingTags Builder withdraw possession letters, File Complaint against the builder, file complaint against the Developer, Importance of Completion Certificate, Importance of Occupation Certificate, No possession without Occupation Certificate, occupancy certificate requirements, possession without completion certificate, withdraw the possession letters

A common practice among the Builders/Developers to issue Possession Letter without obtaining the Occupation Certificate to pressurize the allottees to pay complete sale price without any chance of getting the possession or execution of sale deed.

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Compulsory winding up of a company

Posted by saumya sharmaPosted on January 17, 2022January 18, 20220 CommentsCategories Authentic Legal Advice, Corporate Litigation-All In Way, Cross Border Advisory, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Registration And ComplianceTags compulsory and voluntary winding up of a company, duties and powers of a liquidator in case of compulsory winding up of a company, issue notice on winding up of a small business, methods of winding up of a company, procedure for compulsory winding up of a company, reasons for compulsory winding up of a company, voluntary winding up of a company, who can apply for winding up of a company

When a business decides to wind up, it can choose between a voluntary winding up method and a compulsory winding up procedure. In the year 2020, the Ministry of Corporate Affairs will issue notices on the winding up of small businesses.

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Remedies for misappropriation of Interest Free Maintenance Security Charges

Posted by saumya sharmaPosted on January 15, 2022January 18, 20220 CommentsCategories Authentic Legal Advice, Registration And Compliance, RERA ConsultingTags Difference between maintenance charges and IFMS, handing over possession, Interest Free Maintenance Security Charges, Meaning of IFMSC in Real Estate, Remedies for homebuyers under RERA, Remedies for misappropriation of IFMSC, RERA rules for maintenance charges

IFMS is an additional amount given by the buyers to the developer/builder till the time resident’s welfare association (RWA) is formed. The purpose of forming RWA is maintenance purpose, security purpose and projects for developments.

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Enforcement of Arbitration Award via Insolvency Proceedings: A Contrary Perspective

Posted by Ankur SangwanPosted on January 15, 2022January 24, 20220 CommentsCategories Corporate Litigation-All In Way, Cross Border Advisory, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Registration And ComplianceTags Arbitration Awards via Insolvency Proceedings, Arbitration proceedings in India, Enforcement of Arbitration Awards, Insolvency and Bankruptcy Board of India, insolvency proceedings against the debtor, insolvency proceedings against the debtor by filing an application, procedure of recognition under Arbitration & Conciliation Act, Procedure of the Arbitration Proceedings

The enforcement proceedings for the foreign award (under S. 47-48) are the last and final stage where the debtor can resist the award from becoming binding/ enforceable for grounds listed under Section 48 of the Arbitration Act.

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Revocation of Registration under Real Estate (Regulation & Development) Act, 2016

Posted by Ankur SangwanPosted on January 14, 2022January 24, 20220 CommentsCategories Authentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Registration And Compliance, RERA ConsultingTags application for revocation of registration under RERA, Compliance under RERA Act, Extention of Revocation of Registration, Procedure of Revocation of Registration under Real Estate Act, Real Estate Project registered under RERA Act, registration under Real Estate Act 2016, revocation of registration under RERA, Revocation of Registration under RERA Act, What is revocation of registration

The Competent Authorities hold the power to revocate the registration of such promoters along with the publication of the name of such promoter in the defaulter’s list.

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Execution of RERA order and attachment of assets of builders

Posted by Adv_AnujPosted on December 9, 2021December 10, 20210 CommentsCategories Authentic Legal Advice, Corporate Litigation-All In Way, Grievance Redressal, Registration And Compliance, RERA ConsultingTags appeal against RERA order, complaints of the allottees, complaints of the allottees against defaulting Builders, due dates of the RERA Orders, execution of RERA orders, How to execute RERA orders, non-compliance of rera order, Process of RERA Order Execution, rera order execution process, What is builder not following RERA order

The Authority has the power to hear the grievances of the allottees regarding execution of the orders and the Authority also has the powers to pass orders:

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Recovery Certificate issued by RERA are legally valid

Posted by Adv_AnujPosted on December 7, 2021December 10, 20211 Comment on Recovery Certificate issued by RERA are legally validCategories Corporate Litigation-All In Way, Registration And Compliance, RERA ConsultingTags How Recovery Certificate issued, How to execute Recovery Certificate issued by RERA Authority, Issue RC for Recovery, RC for recovery for the amount of interest, Recovery Certificate Compliances, Recovery Certificate issued by RERA, validity of Recovery Certificate issued by RERA, What is Recovery Certificate

The Complainant allottees are entitled to get the Recovery Certificate executed by the District Collector as arrears of land revenue under the Revenue Code and to receive the said amount after the execution and recovery.

1 Comment on Recovery Certificate issued by RERA are legally valid
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Karnataka High Court orders for interim stay on the recovery of EMI from Homebuyers

Posted by AdminPosted on November 25, 2021November 25, 20210 CommentsCategories Authentic Legal Advice, Corporate Litigation-All In Way, Registration And Compliance, RERA ConsultingTags Banks harassing the homebuyers, CIBIL score of the buyers, EMI under the Subvention Scheme, Homebuyers harassed by the Banks for recovery of Loan, Homebuyers harassed by the builders, Liability under Subvention Scheme, recovery of EMI from Homebuyer, Relief for homebuyers from Loan Recovery, Relief to the Home buyers, Stay on the Recovery of EMI From Homebuyers by the Karnataka High Court, Subvention Scheme against the Builder, Writ Petition filed by the 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.

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Offences and Penalties under RERA

Posted by saumya sharmaPosted on November 20, 2021November 24, 20210 CommentsCategories Authentic Legal Advice, Corporate Litigation-All In Way, Grievance Redressal, Registration And Compliance, RERA ConsultingTags Penalties for Promoters under RERA, Penalties for Real Estate Agents under RERA, Penalty for Allottee under RERA, Penalty for non registration of projects, Penalty for Offense by the builder under RERA, procedure and penalties under RERA, RERA Compliances, RERA Litigation, State wise RERA implementations

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.

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Is judicial intervention in arbitration justified?

Posted by Shruti SharmaPosted on November 17, 2021November 19, 20210 CommentsCategories Authentic Legal Advice, Grievance Redressal, Insolvency & Bankruptcy Code 2016, Legal Outsourcing, Registration And ComplianceTags Arbitration and Conciliation Act, arbitration execution proceedings, Arbitration proceedings in India, arbitration vs court proceedings, Concept of Judicial Intervention, consolidation of arbitration proceedings, how to commence arbitration proceedings, icsid rules of procedure for arbitration proceedings, Judicial Intervention in Arbitration, Procedure of the Arbitration Proceedings, Proceedings of Arbitration, role of court in arbitration proceedings

The court’s intervention can be justified by saying that it protects the rights of the parties or it puts eyes on the arbitration proceedings to prevent any injustice.

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SC: Delegation of adjudication to a single member of authority is not dehors to law

Posted by Adv_AnujPosted on November 17, 2021November 19, 20210 CommentsCategories Authentic Legal Advice, Grievance Redressal, Registration And Compliance, RERA ConsultingTags Complaints under UPRERA Authority, execution of RERA orders, File an appeal before Supreme Court, interest of the Homebuyers, issue a recovery certificate for recovery, latest supreme court judgement on RERA, Latest UPRERA order, order of UP-RERA, plea against an RERA order, possession isn't delivered on time, RC for recovery for interest and compensation, refund of the amount to the allottee, RERA Complaints, Supreme Court judgments on delayed possession

The Newtech Promoters and Developer filed an appeal before Supreme Court against an Allahabad High Court order which dismissed its plea against an order of a single member of the Uttar Pradesh Real Estate Regulatory Authority.

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