Maharashtra sets up tribunal to hear apeal against MahaRERA Rulings

MAHARERA: By virtue of the powers presented by the first provision to sub-section (4) of section 43 of Real Estate (Regulation and Development) Act, 2016 (16 of 2016), the government of Maharashtra has set up a tribunal to hear appeal against the rulings of Maharashtra Real Estate Regulatory Authority (MahaRERA). The responsibility to hear appeals … Continue reading “Maharashtra sets up tribunal to hear apeal against MahaRERA Rulings”

No possession date, no RERA relief, rules MahaRERA

MahaRERA has dismissed a complaint from a home buyer against India Bull Real Estate Ltd for delayed possession ruling that since no possession date was given by the developer, RERA provisions do not come into play to provide any relief.

Builders not liable to pay for ‘justified’ delays: MahaRERA

MUMBAI: The Maharashtra Real Estate Regulatory Authority has for the first time expanded the scope of reasons beyond a builder’s control. The authority upheld a city builder’s claim that a 2009 project was delayed due to change of law, administrative conflicts and “incorrect classification of the plot as CRZ II’’ —reasons beyond his control. Hence, the builder … Continue reading “Builders not liable to pay for ‘justified’ delays: MahaRERA”

Builder told to deposit 1.7cr for order passed by MahaRERA to be stayed

Mumbai: Bombay high court on Thursday directed Runwal Homes to deposit Rs 1.74 crore if it wanted a refund order passed by Maharashtra Real Estate Regulatory Authority (MahaRERA) against it stayed. A division bench of Justices Shantanu Kemkar and Girish Kulkarni gave the developer two weeks to deposit the amount in the court registry. “On (Runwal Homes) depositing the amount of Rs … Continue reading “Builder told to deposit 1.7cr for order passed by MahaRERA to be stayed”

Delayed Possession Relief under Section 18 of RERA

A respondent has violated the provisions of section 18 of the RERA and hence the complainant is entitled to seek interest for the delayed possession under section 18 of the RERA.

Why are Homebuyers choosing NCLT over RERA?

Buyers say that RERA orders are not getting implemented and this is forcing them to approach NCLT and there is a need to check abuse and maximize the value of assets.

Pre-Deposit is Mandatory for Filing Appeal U/Sec 43(5) RERA

The Appellate Tribunal recorded its dissatisfaction to the effect that the appellant has not complied with provisions of Section 43(5) of the Act, 2016 and has not deposited the balance amount.

Recovery can be permitted against the assets of group companies: Bombay High Court

If the non-payment of a clear undisputed amount is being illegally and dishonestly avoided, whilst at the same time very large sums of money are being raised and spent by the same group or carrying on large real estate development projects.

RERA Act and Conciliation

According to RERA, grievances filed with the authority must be resolved within 60 days of filing. Complaints have been settled more quickly via the conciliation forum than through the authority. It also cuts down on the expense and time of litigation.