Contradictions between The RERA and IBC
The IBC recognizes homebuyers under financial creditors to protect their rights even when a creditor, other than a homebuyer, invokes insolvency proceedings against the builder.
Search Results for: compensation
Punjab & Haryana HC Finally settles the Dispute of Power between RERA Authority and Adjudicating Officer
The High Court of Punjab and Haryana finally settles the dispute of granting refund under RERA. The High Court in a detailed judgment has finally decided the matter in favour of RERA Authority and has ruled that RERA Authority will have power to grant refund and possession and Adjudicating officer will only have limited power with respect to granting Compensation.
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.
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