What if the agreement does not mention the possession date?
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.
Search Results for: cases under RERA
Filing of insolvency petition before NCLT by the Homebuyer- A Complete Analysis
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.
What if builder does not have occupation certificate for the project?
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.
Insolvency petition to NCLT by a Homebuyer
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.
Penalty of Rs 1.5 Lakh slabbed on builder for failure to register sale agreement
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.
Bombay High Court: Deposit 50% of the refund amount to hear the case
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.
Can financial creditor approach NCLT while the petition is pending in NCDRC?
The homebuyers who wish to seek refund of their amount are legally entitled to approach National Company Law Tribunal (NCLT) under IBC.
IBC- Greatest rescue for the homebuyers
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.
Penalty on builder as the terms of settlement was breached by the Builder
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.
Offer of possession without getting Occupancy Certificate
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.
Brochure of Project: A legal entity or not?
Brochures of Project were printed and distributed before the commencement and implementation of RERA therefore, the same cannot be treated as legal entity.
Allottees Grievances Redressal Forum will now deal with post possession issues
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.
join For Updates