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The apex body of the real estate sector, CREDAI, has presented its written recommendations to the Finance Ministry which includes that approving authorities (BMC) and other may be brought under the ambit of RERA to minimize delays. Other demands like a refund to allottees under Section 18 (1) of the RERA Act, 2016 may not be permissible in case of ongoing projects as it jeopardizes the project since the purpose of RERA is the completion of the project. Some other developer-friendly demands have also been made by it in the letter. ...
Dismissing 95 applications of builders, the Haryana Real Estate Appellate Tribunal (HREAT) clarified that the RERA is competent to handle the complaints where the claim is only for grant of interest simpliciter due to delay in delivery of possession and consequently award interest. It cleared that the adjudicating officer can only intervene in cases where the claim was for refund and compensation along with the interest. There cannot be two separate forums, i.e., one for regulating the development of real estate project and another forum to grant interest for delayed possession. ...
The Union Minister of housing and urban affairs clarified that he would be writing to Maharashtra Chief Minister and MAHARERA to bring the unregistered projects under the ambit of RERA. Arguments were held that no amendment is needed in Section 4 (2) (c) of the RERA Act, 2016 to typically produce certificates for registration, registering projects without the certificates will bring huge unregistered projects under the ambit of RERA. ...
After the nullification of Article 370, the Indian real estate developers will invest in Jammu and Kashmir, and Ladakh region. The Chairman of CREDAI expressed his happiness that even during the tough times that the sector is facing the presence of a large number of developers to perform has motivated him. He added that there is a huge opportunity to develop infrastructure for tourism like golf courses, hotel, and other facilities. The problem of terrorism could also be addressed through development with the participation of local people. ...
The Finance Minister Nirmala Sitharaman met developers, members of RERA and the homebuyers to understand the issues weakening the sector. The issues that were addressed in the meeting included the creation of demand, ongoing liquidity issues, stalled projects, and homebuyer’s interest. The Government has met industry representatives to revive the economy. The Chairman of CREDAI suggested that the RERA should be given due recognition in the resolution of legacy issues, adding that if finance institutions also come under the ambit of RERA, there is a possibility of faster resolution. ...
To provide a remedy to the consumers connected with the unregistered projects, the RERA Punjab Tribunal clarified that the jurisdiction of the RERA Applicability will extend to the unregistered projects too. Consumers of unregistered projects will not be deprived of RERA remedial measures. Quashing an order passed by the RERA Punjab authority, it has made cleared that promoters not registered with RERA shall not enjoy any premium for breaking the law and the provisions of the RERA Act, 2016 shall also be applicable on promoters of projects that are not registered with RERA. ...
After no response to the notice issued by UPRERA to the Lucknow based builder slapping a fine of Rs.1 crore for not providing possession of the plots to the allottees even after 4-5 years, the team of UPRERA had sealed 2 bank accounts of the developer and seized assets valuing Rs. 1 crore at his office in Gomti Nagar. ...
The Bihar Registration Amendment Rules, 2019 was approved by the cabinet which clarified that registration of flats are still allowed even if the project was not registered with the RERA, Bihar provided any of the dwellings in that apartment had been registered with excise, prohibition, and registration department till 30th August, 2018. ...
The correct practice of allocating money was that promoters have to receive all the amount in the separate account, firstly allocate 70% of the money in a separate account as per Section 4(2)(l)(D) of the RERA Act, 2016 and then remaining 30% in another account. It has been clarified that this 70:30 ratio has to be maintained from the inception of the project. The Chartered Accountants of RERA will be verifying all the project accounts maintained with different banks. ...
After asking the real estate developers with the earlier order to submit the fund utilization declaration, now it has started singling out the particular builders who have not obeyed the order. Therefore, the RERA Bihar issued show-cause notices to 25 builders for the non-submission of audited statement of bank accounts of ongoing real estate projects for 17-18. The builders have also failed to submit the progress report of the ongoing projects. All these orders were issued to check the appropriate diversion of funds for an ongoing project. ...
To ensure speedy dispute redressal in the legal procedures, the Madhya Pradesh RERA has proposed a modification in the RERA rules 27 and 28 that deal with the recovery of interest, penalty, and compensation, implementing the orders, etc. to have a district judge level officer as an executing officer with the powers of the civil court as well as revenue court so that the matters don’t get delayed and orders get executed in their true spirit. ...
An order passed by the Supreme Court was provisioned for the safety of homebuyers and not for the authorities. Therefore, the Noida and Greater Noida authorities have filed an application in the Supreme court in the Amrapali case, seeking clarity on how to recover their dues of Rs. 5400 crore. The authorities have attached the 12 properties of the developer and still, their dues are pending. ...
The “Usage Factor” matters, as clarified by the TNRERA authority. A clarification has come which states that if the projects are meant for developing the properties for personal use/ builders letting them out on rent, there is no need of RERA registration of such housing projects with the TNRERA authority. Any kind of ceiling limit of 500 square meters or 8 units of flats need not to be followed for such usage. ...
Due to duplicacy of the jurisdiction in resolving consumer grievances, an issue has arisen where due to 1 investor seeking a refund on his investment with NCLT consequence of which an Interim Resolution Professional has been appointed, all the UP-RERA proceedings have been put on hold and the rest buyers who have approached UP-RERA are now in a fix. Therefore, UP-RERA has asked for NCLT's opinion before de-registering the project of Airwil Intelicity in Greater Noida jurisdiction. ...
Failing to comply with so many reminders given by the TSRERA authority regarding registration of projects to the builders for the properties which have been sanctioned permissions between January 1, 2017 and August 31, 2018 along with last deadline of Rs 3 lakhs penalty till 31st July , 2019, the TSRERA Chairman informed in a release that such projects will be published with their names in press for cautioning the public not to purchase such unregistered projects apart from levying penalty on those projects. ...
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