RERA Authority may supersede NCDRC
As per the RERA laws, no civil court has the jurisdiction to entertain any suit or proceedings which is empowered to be entertained RERA Authority only.
As per the RERA laws, no civil court has the jurisdiction to entertain any suit or proceedings which is empowered to be entertained RERA Authority only.
After the implementation of the RERA Act, the State of Gujarat has notified its final Gujarat RERA Rules, 2017 on 29.10.2016 which prescribes regulation, form and process.
Remedies for the home-buyers who are aggrieved because of the defective title of the land can file a complaint before RERA Authority or Adjudicating officer of the State.
The buyer enters into an agreement where the builder deliberately mentions vague clauses in the Builder Buyer Agreement in order to evade liability.
There has been huge confusion with respect to filing of complaint as association. An association of persons with respect to a particular project may file a case against the builder.
Western UP Bench of RERA- After looking at the bulk cases in the state a bench was made operational in the city of Noida on 4th September, 2018.
300 cases in the matter of incomplete projects and more than 3,340 complaints of buyers relating to more than 722 projects under Uttar Pradesh RERA.
RERA Authorities are functional in almost all states. The authorities though being on nascent stage are trying their best to deliver justice to all the aggrieved homebuyers.
case of any structural defect incurred in next five years from the date of giving the possession; the builder/promoter is liable to rectify the defect at his own cost.
Hon’ble Supreme Court ordered the demolition of all constructions made after August 18, 1992, in Faridabad’s posh Kant Enclave.
The Maha RERA authority has ordered builder cannot take the defense of force majeure clause for financial crisis and lack of approvals in any project.
The huge number of complaints are coming across, wherein the money of the innocent home buyers is stuck with the abandoned or stalled projects.
The HRERA Authority, Gurgaon has become operational in the month of March 2018 but having said that, it has now started giving some landmark decisions.
The Real Estate (Regulation and Development) Act, 2016 came into existence last year with the sole motive to safeguard the interest of the aggrieved home-buyers but as RERA complaints in various States are rising up simultaneously pertinent issues or questions related to the litigation are also going up. Lately, few incidents have happened, wherein home-buyers … Continue reading “RERA: What if the civil court has already decided the matter before the RERA implementation?”
The builders are taking force-majeure clause in the agreement as an excuse to escape their liabilities and get rid of the demanded claims.