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The complaint of a promoter regarding the cancellation of agreement for not receiving the balance amount of the total cost of the flat from the developer was dismissed by The Maharashtra Real Estate Regulatory Authority (MahaRERA). The complainant sought cancellation of the agreement as the developer had failed to refund the amount paid in respect of the said flat and claimed a refund of Rs. 45 lakh from the developers along with the cancellation of the agreement. After hearing the arguments of both the parties, the bench inferred that the developers had paid over 90 per cent of the money to the complainant towards the cost of the said flat. The bench also stated that the agreement for sale drafted by the developer does not carry any schedule of payment as required by the model agreement prescribed under the Act and Rules. Hence, the complainant could not seek cancellation of the registered agreement by invoking the convenient clause in the agreement. The bench thereby dismissed the complaint filed by the promoter. ...
A national consumer rights’ forum in housing that was part of the consultative process for the Real Estate (Regulation & Development) Act, 2016 (RERA), has decided to move the Central Advisory Council on RERA for repealing the WEST BENGAL Housing Industry Regulation Act, 2017 (HIRA). According to the forum, the introduction of HIRA throws away the very objective of ushering transparency into the housing sector that was brought by RERA. HIRA has obliterated the clarity of RERA and made the clause on force majeure vague. This defeats the very purpose of the act. One of the main reasons behind the enactment of RERA was to ensure that developers complete and hand over projects on time instead of making excuses for non-compliance to delivery schedules. ...
The Kerala government will soon notify fresh RERA rules across considering the primary objective provisioned under RERA to safeguard homebuyers from errant real estate developers, the state government is expected to announce fresh rules and regulations under the act very soon. According to KT Jaleel , local self government minister the new RERA rules would be based on the central RERA Act. Recently, the state government had appointed an interim chairman of the authority. However, no other members have been appointed yet, leaving the authority toothless. ...
The Centre’s target to bring all new and ongoing real estate projects under Real Estate (Regulation and Development) Act (RERA) has received a setback as West Bengal government has notified its own law for the sector in the state which favours the developers. There are two major dilutions of RERA in the new laws. The first is on unforeseen circumstances that prevent a builder from fulfilling his contract. RERA says the circumstances could be war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature where HIRA makes an addition to the clause “...or any other circumstances as may be prescribed.” The second deviation is on garages. While RERA requires a roof and walls on three sides, HIRA has removed the clause altogether and defined garage as any parking space sanctioned by the government authority. ...
RERA( Real Estate Regulation Authority) chairman Afzal Amanullah claimed that the building projects not registered under Real Estate (Regulation and Development) Act, 2016 till June 30 deadline will be blacklisted. He further stated that builders and promoters have been given the last opportunity to register their projects under the Act by June 30 with late fee of Rs. 3 lakh or 300% of the registration amount, whichever is higher. RERA member Rajiva Bhushan Sinha said the list of blacklisted firm would be circulated to all RERAs in India so that they would not be able to form a company in any part of the country. ...
The RERA Bihar has given builders another extension, asking them to register their projects by the end of this month. "We have given this extension as the last opportunity for builders and developers to register their ongoing projects with a hope that compliance rate would increase," RERA Bihar member R.B. Singh said. He said registration application for 376 ongoing projects had been received at the authority end till May 31 and a sum of around Rs 1 crore had been collected a registration fee. "On the last day of the extended deadline, we got at least 50 applications," Sinha said."There is a provision of imposing fine up to 10 per cent of the total project cost on builders who do not register their ongoing project with the authority. We hope the builders will not let such a situation arise and will get themselves registered during this extended period," Sinha said. ...
According to officials, Pune Maha-Rera Court has resolved 40 cases of a total 240 cases handed over to the body in merely a span of 3 months. FD Jadhav, deputy secretary of Maha-Rera, Pune, said, “This is a big achievement on our part as we have been able to meet the consumers’ expectations. The basic reason for setting up a court in Pune was to ensure that authorities catered to the needs of the people in the division.” RERA (Real Estate Regulatory Act) 2016 is an exceptional set of laws related to real estate realm which has ensured transparency and efficiency at an unprecedented rate with regards to the sale of plots, apartments, buildings or real estate projects. ...
GUJRERA released a circular regarding submission of Hardcopy of RERA application on 30th May 2018. which states that from 01 June 2018 promoters and agents are required to send the physical file directly to RERA head office, Gandhi Nagar within 7 days of application by courier. Before this order, promoters and agents were submitting the hard copies at different collection centers / TPO/. GUJRERA is headquartered at 4th floor, Sahyog Sankul, Sector 11, Gandhi Nagar, 382010. ...
Based on a complaint filed by a home buyer Tamil Nadu Real Estate Appellate Tribunal has directed Marg Properties to enroll his project with TNRERA as an ongoing project. The project was kept outside from purview of RERA as the project was declared as a structurally completed building by the directorate of town and country planning (DTCP). An official statement said the tribunal has directed Marg Properties to register the same as an ongoing project with TNRERA within 15 days from the date of receipt of the order. ...
In a recent judgement by MP RERA, it was concluded that only brochures and model flats of RERA Registered project will be treated as a legal entity under RERA. Legal action against the builder in case of failing to provide amenities can only be taken if project is registered in RERA. A D Kapaley, member of the state regulatory authority said, "In RERA there is a condition that facilities mentioned in brochures and pamphlets should be fulfilled by builder otherwise he will be bound for legal action. But amenities promised in brochures before implementation of RERA cannot be considered as legal entity or else there should be an official agreement between builder and customer." Madhya Pradesh implemented RERA on 01 May 2017. ...
Kerala is yet to finalize Real Estate Regulation and Development Rules and set up an authority. Local self-government minister K.T. Jaleel said that the framing of the new rules on the basis of the central Act was in the final stages. Steps to form the authority and the appellate tribunal would be initiated immediately, he said. Dr. Jaleel said the delay was due to technical issues as the state had earlier passed a state Act in this regard (Kerala Real Estate (Regulation and Development) Act 2016) and also framed rules. But the central Act came into effect afterward and hence the state Act had to be repealed and fresh rules need to framed on the basis of the central Act. “The subject committee of the state assembly has already cleared the draft rules and it would be notified soon," the minister said. ...
MAHARERA stated that registration of agents in the state are less in number. With over more than 1 lacs agents operating, only 14,000 have taken the RERA certificate. MahaRERA secretary Vasant Prabhu told TOI that the dismal number of registrations was a concern for the authority and they wanted the Confederation of Real Estate Brokers’ Association of India (Crebai) to ensure that all their members registered, either individually or through a company, with MahaRERA. Prabhu said, “We have directed Crebai to ensure that all their members associated with the ongoing projects register with MahaRERA. Citizens should go for deals with a MahaRERA registered broker only.” ...
Madhya Pradesh RERA has resolved 400 buyers complaints till now. These complaints were filed by buyers against builders. The list of complaints is available on Madhya Pradesh RERA website. Till now, 1800 ongoing projects have been registered in RERA and 360 real estate consultants have been enrolled. Madhya Pradesh implemented RERA on the very first day i.e. 01 May 2017. The Real Estate (Regulation and Development) Act, 2016 is an Act of the Parliament of India which seeks to protect home-buyers as well as help boost investments in the real estate industry. The bill was passed by the Rajya Sabha on 10 March 2016 and by the Lok Sabha on 15 March 2016. The Act mandates registration of every project having a size of above 500 square meters or more than 8 apartments. ...
Real estate regulatory authority of Bihar has issued show cause notice to promoters of Agrani builders for mom registration of ongoing projects. Four companies of Agrani group are under radar of Bihar RERA. RERA Bihar chairman Afzal Amanullah said notices were issued to the builders and promoters under Section 7 (revocation of registration) of RERA Act, following complaints by the customers that the promoters have not even commenced the project despite taking the payment 4-5 years ago. The companies which were slapped with notices include Agrani Homes Private Limited, Agrani Homes Real Services Private Limited, Agrani Homes Real Marketing Private Limited and Agrani Homes Real Construction Private Limited. ...
Despite being demands from builders,there is no change in Real estate law (RERA). June 30 has also been set as the deadline for establishing permanent regulators, start websites and the tribunals as prescribed in the law, sources said. While addressing the first central advisory council meeting of RERA, Union housing and urban affairs minister said there is no question of amending any provision, though government is open to any suggestions from all stakeholders. “The minister said: let the law in totality be implemented for one year and there is no need for any immediate change. ...
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