Latest news with #RealEstate(RegulationandDevelopment)Act
Time of India
4 days ago
- Business
- Time of India
Complainant cannot move RERA, consumer court at same time: WBREAT
KOLKATA : The West Bengal Real Estate Appellate Tribunal (WBREAT) ruled in a case that a complainant cannot simultaneously approach the real estate regulatory authority and the consumer court. "Since the cause of action in the proceedings before a Consumer Commission is identical with that of the Regulatory Authority, the complainant has to elect either of the two proceedings and cannot proceed with both simultaneously," WBREAT chairperson Justice Rabindranath Samanta and administrative member Dr Subrat Mukherjee ruled. The ruling was based on consideration of various provisions of the Real Estate (Regulation and Development) Act, 2016, and decisions of the Supreme Court. While dismissing the complainants' appeal on this technical ground, the Tribunal gave liberty to the complainants to withdraw the complaint from the Consumer Commission and file it afresh before the West Bengal Real Estate Regulatory Authority ( WBRERA ). The case relates to a dispute between landowners Debdutta and Siddharta Chatterjee and developer MS Enterprise over the development of a ground plus four-storied building. As per the development agreement, three flats measuring 2,100 sq ft in total were to be allocated to the Chatterjees within 24 months of Sept 16, 2020. When the developer failed to hand over possession on time, the Chatterjees initially filed a complaint case before the District Consumer Disputes Redressal Commission, North 24 Parganas at Barasat, seeking direction upon the promoter to hand over the flats to them and to pay compensation. It was also alleged in the complaint that the promoter constructed an additional floor illegally and sought relief for deviating from the sanctioned plan by the promoter. While the complaint case was pending in the Consumer Commission, the complainants filed a complaint at WBRERA seeking the same remedies as sought in the complaint before the consumer court. By an interim order dated Jan 7, 2025, WBRERA directed the promoter to deliver possession of three flats to the complainants. By the same order, the Regulatory Authority summarily rejected the application filed by the promoter challenging the maintainability of the complaint on the ground that the cause of action and the remedies as in the complaint before the Consumer Commission are identical. Following the appeal before the Appellate Authority by the promoter, WBREAT ruled in favour of the developer by stating that the petition of the Chatterjees before WBRERA was not maintainable as they also sought redressal on the same grounds before the District Consumer Redressal Commission.
Time of India
4 days ago
- Business
- Time of India
You cannot move RERA, consumer court at same time: Realty tribunal
1 2 Kolkata: The West Bengal Real Estate Appellate Tribunal (WBREAT) ruled in a case that a complainant cannot simultaneously approach the real estate regulatory authority and the consumer court. "Since the cause of action in the proceedings before a Consumer Commission is identical with that of the Regulatory Authority, the complainant has to elect either of the two proceedings and cannot proceed with both simultaneously," WBREAT chairperson Justice Rabindranath Samanta and administrative member Dr Subrat Mukherjee ruled. The ruling was based on consideration of various provisions of the Real Estate (Regulation and Development) Act, 2016, and decisions of the Supreme Court. While dismissing the complainants' appeal on this technical ground, the Tribunal gave liberty to the complainants to withdraw the complaint from the Consumer Commission and file it afresh before the West Bengal Real Estate Regulatory Authority (WBRERA). The case relates to a dispute between landowners Debdutta and Siddharta Chatterjee and developer MS Enterprise over the development of a ground plus four-storied building. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Rugas no pescoço? Esse truque caseiro pode ajudar (Tente isso hoje à noite) Revista & Saúde Saiba Mais Undo As per the development agreement, three flats measuring 2,100 sq ft in total were to be allocated to the Chatterjees within 24 months of Sept 16, 2020. When the developer failed to hand over possession on time, the Chatterjees initially filed a complaint case before the District Consumer Disputes Redressal Commission, North 24 Parganas at Barasat, seeking direction upon the promoter to hand over the flats to them and to pay compensation. It was also alleged in the complaint that the promoter constructed an additional floor illegally and sought relief for deviating from the sanctioned plan by the promoter. While the complaint case was pending in the Consumer Commission, the complainants filed a complaint at WBRERA seeking the same remedies as sought in the complaint before the consumer court. By an interim order dated Jan 7, 2025, WBRERA directed the promoter to deliver possession of three flats to the complainants. By the same order, the Regulatory Authority summarily rejected the application filed by the promoter challenging the maintainability of the complaint on the ground that the cause of action and the remedies as in the complaint before the Consumer Commission are identical. Following the appeal before the Appellate Authority by the promoter, WBREAT ruled in favour of the developer by stating that the petition of the Chatterjees before WBRERA was not maintainable as they also sought redressal on the same grounds before the District Consumer Redressal Commission.
Hindustan Times
5 days ago
- Business
- Hindustan Times
Verify from our website before buying property: UP RERA to homebuyers
The UP Real Estate Regulatory Authority (RERA) has cautioned homebuyers to verify from the UP RERA before investing in a real estate project. Issuing an advisory on Thursday, the UP RERA urged homebuyers that they should collect all the information related to the promoter and the project in question. All relevant information related to a project approved by the UP RERA is available on its portal, said RERA. The homebuyer should be aware of the land of the project, the map of the project, other clearances or approvals of the project and specifications of the project, added RERA. 'It is also important for them to know about the credibility of the promoter, his reliability and his financial status. The UP RERA has provided all information about promoters on its portal,' said Sanjay Bhoosreddy, chairman, UP RERA. 'The homebuyer should go to the homepage of the RERA portal, click on 'Registered Projects' in the search link on the home page. A list of promoters and projects will open in front of him. On this page, he should search by giving the name of the promoter or the project or the registration number of the project,' Bhoosreddy added. He asserted that consumers could benefit from the RERA's regulatory work only when they themselves remain vigilant and do not invest in haste or on the basis of incomplete information. It may be pointed out that in a bid to strengthen transparency in execution of project and check misappropriation of funds, the UP RERA has made disclosure of funds collected from homebuyers mandatory for promoters to ensure transparency. The regulatory authority took the decision after getting complaints that promoters were not depositing funds received from allottees into designated 'Collection' account. After coming across several complaints related to misappropriation of funds by promoters, the UP RERA has warned stern action and legal consequences for violators. According to the Real Estate (Regulation and Development) Act, 2016, promoters are mandated to keep 70 percent of the funds received for project development in the projects' 'Separate Account' and use them exclusively for construction work. As per guidelines issued by UP RERA, every promoter must provide details of three project accounts, Collection, Separate and the Transaction accounts, on the UP RERA portal.
Hindustan Times
6 days ago
- Business
- Hindustan Times
Telangana RERA fines developer ₹14.9 lakh for failing to register project, asks realtor to refund money to buyers
The Telangana Real Estate Regulatory Authority (TGRERA) has imposed a penalty of ₹14.9 lakh on the developer of the 'Aura Velimala Phase 1' project in Velimala, Sangareddy district, according to the order. This comes after Bhuvanteza Infrastructures LLP, the developer, failed to register the project under the Real Estate (Regulation and Development) Act, 2016. "Respondents are jointly and severally liable to pay a penalty of ₹14.9 lakh towards violation of Sections 3 and 4 for non-registration of the Project Aura Velimala Phase 1," the order said. The regulatory body also directed the developer and its partners to return the funds collected from 62 homebuyers, along with an annual interest of 11%. Also Read: Karnataka has over 2630 delayed real estate projects: KRERA The homebuyers said they had signed 'unregistered' agreements with the developer to buy flats in the project, located in Telangana's Sangareddy district. According to the agreement, the flats were supposed to be handed over by December 2023. However, the project has faced major delays, and as of June 19, 2024, only 20% of the construction was completed, the court order stated. "The buyers further submitted that the delay in possession has caused severe financial hardship as they were burdened with paying both the rent for the current residence and the EMI for the home loan taken for the flat," the order said. The homebuyers stated that, as per the agreement, the developer had promised to pay rent to the buyers starting from January 2024 if the project was not completed by December 2023. However, even after several reminders, the company did not respond or make any rent payments, the order noted. "It was also submitted that as the developer has not registered the land in favour of the homebuyers herein, and hence, they were concerned that the company may sell the project land to other buyers without any notice," TGRERA said. Also Read: Bengaluru real estate: Can homebuyers approach Human Rights Commission if the builder delays in handing over the flat? TGRERA stated that after carefully reviewing all the documents and submissions, it found that the developer had violated Section 3(1) of the Real Estate (Regulation and Development) Act, 2016, by starting the project without getting the required registration from the Authority. "No promoter shall advertise, market, book, sell or offer for sale, or invite persons to purchase in any manner any plot, apartment or building, as the case may be, in any real estate project or part of it, in any planning area, without registering the real estate project with the Real Estate Regulatory Authority established under this Act," the authority pointed out. The order said that the developer could not have executed the agreements of sale with the buyers without having obtained RERA registration, which constitutes a glaring violation of the RERA Act. "The developer's plea that certain statutory approvals were pending or that registration was in process cannot serve as a legal justification for such noncompliance. The (RERA) Act makes no exception for provisional or pending applications," the authority noted in its order. TGRERA also noted that despite the passage of significant time since the execution of these agreements, many of which were executed between the years 2021 and 2023, the developer and its partners have neither completed the project nor handed over possession of the apartments to the respective allottees. "The developer and its partners are liable to refund the amount to (all 62) homebuyers along with interest at the rate of 11% per annum," the order concluded. A set of queries has been emailed to the developer, Bhuvanteza Infrastructures LLP. If a response is received, the story will be updated.
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Business Standard
6 days ago
- Business
- Business Standard
Justice for homebuyers key, says PM Modi in ₹62,000 cr PRAGATI review
Prime Minister Narendra Modi on Thursday said that justice for homebuyers remains a key priority for the government, after reviewing infrastructure projects worth over ₹62,000 crore at the 45th edition of the PRAGATI (Pro-Active Governance and Timely Implementation) meeting. A major focus of the session, held on Wednesday, was addressing grievances related to the Real Estate (Regulation and Development) Act (RERA) and enhancing safeguards for homebuyers. PM Modi urged state governments to ensure mandatory registration of all eligible real estate projects under RERA, highlighting its role in restoring trust in the housing sector. 'Justice for homebuyers is a key priority for our government,' the Prime Minister posted on social media platform X after the meeting. 'We're committed to ensuring all infrastructure projects are completed on time and real estate regulations are enforced in letter and spirit.' Chaired a PRAGATI meeting yesterday, where projects worth over Rs. 62,000 crore were reviewed, covering diverse sectors like roads, power, water resources, semiconductors and more. Emphasised on ensuring all infra projects are completed on time. Also deliberated on RERA-related… — Narendra Modi (@narendramodi) May 29, 2025 Faster grievance redressal, accountability in real estate The Prime Minister emphasised the need for faster grievance redressal mechanisms and improved accountability in the real estate sector, noting that delays in housing projects not only cause financial hardship for buyers but also impact public welfare. During the review, PM Modi called on implementing agencies to enhance efficiency, remove bottlenecks, and improve coordination to ensure the timely delivery of public infrastructure. He noted that project delays inflate costs and erode trust in governance. Key infrastructure focus areas Apart from real estate concerns, the meeting also reviewed progress on major infrastructure projects in sectors such as road transport, energy, and water resource management. These projects, spread across multiple states and union territories, collectively account for an investment of over ₹62,000 crore. The Prime Minister also took stock of India's growing semiconductor ecosystem, discussing successful state-level initiatives and urging wider adoption of best practices to support the National Semiconductor Mission. He encouraged states to develop innovative models that contribute to India's goal of becoming self-reliant in chip manufacturing. 44th PRAGATI meet highlights In the previous PRAGATI meeting in August 2024, PM Modi reviewed infrastructure projects worth over ₹76,500 crore across 11 states, focusing on road, rail, power, coal, and water resource sectors. He stressed the importance of timely implementation, noting that delays lead to cost escalations and deprive citizens of intended benefits. A core focus of that session was also on involving women's self-help groups and promoting youth skilling in the operation and maintenance of water projects. The PRAGATI platform is an ICT-based initiative that enables direct interaction between the Prime Minister and top officials of the Centre and states. Since its inception, the forum has reviewed 373 projects with a cumulative investment of over ₹20.64 trillion, the Prime Minister's Office said.
