A Welcome Step by UPRERA – Makes way for homebuyers aggrieved of Conciliation Agreement

Conciliation forum is one such mechanism to resolve the issues adeptly. But there are several cases in which a conciliation agreement has not been honored by the builders.

Compliance of Recovery Certificate (RC) issued by RERA in Uttar Pradesh

An allottee can write a representation addressed to the DM explaining his grievance and praying for the compliance of the RC issued by the RERA within a specified period of time.

The Smoke Ball Case and Legal Remedy against Misleading Advertisements

The Consumer Protection Act, 1986 provides for redress against unfair trade practices and a false or misleading advertisement becomes an unfair trade practice under the provisions of the law.

Haryana Government Revives Dying Hope of Mayfield Buyers by Constitution of SIT

The Haryana Government has come to rescue the dying hope of Mayfield homebuyers who must have been running poll to pillar for enforcement of their rights.

MahaRERA invokes Force Majure- How and in What way it is Wrong for the Homebuyers?

Such one-sided notification by MahaRERA is a big black mark on the rights of the homebuyers. The notification provided all sorts of protection to developers/builders in terms of payment of interest and delivery of units but it nowhere caters to the difficulties faced by the homebuyers.

Builders request for setting aside of Refund and Penalty Orders: Is it possible?

Builders requested that Refund and penal orders to be set aside or be reviewed due to the COVID-19 outbreak financial markets are seeing an all-time low.

HRERA-GURUGRAM- Relief for Homebuyers as Adjudicating Officer grants Refund

The Hon’ble Adjudicating Officer took no time and in the short period of a span, gave relief to several homebuyers by granting not only refund but also compensation.

Retroactively Application of RERA Act in lieu of False Advertisements

MahaRERA Appellate Tribunal gave its much-awaited order in writing, in favor of home buyers by setting aside the earlier order by MahaRERA that Section 12 of RERA does not act retrospectively.

Interest for Delayed Period of Possession to be calculated from date of default of Handing over Possession

The promoter is under obligation to pay interest on the amount paid by allottee from the date of payment till the possession is handed over to allottee.

Claim for damages cannot be an Operational Debt under IBC- Flipkart Analysis

The Hon’ble Karnataka High Court on Oct 25, 2019, stayed the insolvency proceedings on the grounds that the Tribunal lacked jurisdiction to adjudicate a claim for damages. 

Contempt of HRERA Order by Orris Infrastructure & Three C Shelters

Complaint was filed by Greenopolis Welfare association against the promoters, M/s Orris Infrastructure Private Limited and M/s Three C Shelters Pvt. Ltd. for not giving possession by the due date.

Consumer Court or MahaRERA: Whose door should the stuck Home buyers knock?

Consumer Court or MahaRERA: Homebuyers have the option of withdrawing the pending consumer complaint and file before appropriate RERA authorities.

Time to exercise Suo Motu Powers by MahaRERA– An Analysis

Explained why and how MahaRERA should implement and use Suo Motu Power and speculate about the effects of Suo Motu Powers on the homebuyers.

Now Haryana RERA Amendment stayed by P&H High Court

Hon’ble P&H High Court has for now stayed the said amendment from operation and the matter is now listed to be taken up in January 2020 for further orders.

First RERA Executing officer appointed in Madhya Pradesh

The government of Madhya Pradesh had amended RERA state rules for the appointment and issued a gazette notification regarding the same.