NCDRC vs RERA vs IBC, Which Is the best mechanism for consumers to get timely relief

Supreme Court allowed several buyers to join their suit property in order to increase valuation of their dispute and approach the NCDRC however buyers still find it difficult to get timely relief from the NCDRC.

MAHARERA: Auction of the Property to recover the Money of allottees’

Maha-RERA issued a revenue recovery warrant and sent it to the Thane collector. And was forward to the Tehsildar of the area for property sealing and auctioning to recover the money.

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.

RERA would be applicable on lease agreements: MahaRERA

RERA act was implemented with the purpose of redressing the grievance of the aggrieved home-buyers and it seems like it is serving the purpose very well.

Alteration of Builder Buyer agreement after implementation of RERA 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.

Developments in RERA since its implementation

RERA Act, 2016 was implemented last year on May 01,2017 and now it is going to complete a year and if we look at the developments since its genesis then we can infer that everything seems to be appropriately in line.

Legal solutions when real estate project is stuck

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’.

Homebuyers approach parliamentary committee against ordinance infringing their rights to approach NCLT

Forum for People’s Collective Efforts, has approached the parliamentary standing committee on finance with its objection to a proposed amendment to the Insolvency and Bankruptcy Code.

The Real Estate (Regulation And Development) Act, 2016- A Boon for the Flat Buyers

The parliament in order to regulate this one of the fastest-growing sectors passed “The Real Estate (Regulation and Development) Act, 20164 which came into effect on 1st May 2016.

Consumer court have the power to direct refund and compensation in case of delayed delivery of the apartment

The Consumer Protection Act is a wide-ranging provision and it is not a specific resolution like the Insolvency ad Bankruptcy Code and the remedies are simultaneously and mutually exclusive.

Assignment and valuation of not readily realisable assets

Insolvency and Bankruptcy Board of India (IBBI) mentioned the assignment of not readily realisable assets (NRRA) in the discussion paper on Corporate Liquidation Process dated 26 August 2020.

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.