RERA Master

  CA Ramesh Agrawal In a recent decision, the Haryana Real Estate Regulatory Authority (HRERA) has directed a builder to compensate a homebuyer with ₹65 lakh for an inordinate delay of over nine years in handing over a flat in Gurugram. Key Highlights: Background of the Case : The homebuyer had booked a flat in 2013, with the developer promising possession within a stipulated timeframe i.e., 7 th December 2015. However, the possession was delayed by more than nine years. Developer's Justifications : The builder attributed the delay to unforeseen circumstances, including the COVID-19 pandemic, the demise of the chairman of environmental impact assessment (EIA) committee, and inadequate water supply. H-RERA's Verdict : After reviewing the case, HRERA rejected the developer's justifications, deeming them insufficient to warrant such a prolonged delay. The authority emphasized that the reasons cited did not qualify as fo...

  CA Ramesh Agrawal In a significant move to enhance transparency and protect homebuyers' interests, the Odisha Real Estate Regulatory Authority (ORERA) has mandated that developers upload occupancy and completion certificates of housing projects onto its official website. This directive aims to ensure that residential projects comply with established norms and are fit for habitation.​ Definition of Certificates: Completion Certificate: A legal document confirming that a building has been constructed in accordance with approved plans and complies with all applicable regulations. Occupancy Certificate: A document issued by the local authority certifying that a building is suitable for occupation, ensuring it meets all necessary safety and habitability standards. Mandatory Upload Requirement: Developers are now required to upload both completion and occupancy certificates onto the ORERA website upon proj...

Ramesh Agrawal (LL.B. & CA) Chhattisgarh’s Real Estate Regulatory Authority (RERA) has passed an order to hand over the private project i.e., City of Valencia located in “Narada” of Chhattisgarh district to Chhattisgarh Housing Board. This action is to safeguard the interest of plot allotees. Action was taken up against builder Aftab Siddiqui who was reluctant to develop the project & provide even the basic necessities such as Water, Electricity, Sewer, Road, etc. as mentioned in the brochure. Builder prepared a housing project in Narada in 2010 of 1072 plots. Because of the attractive brochure and other unfair means he was able to sell 691 plots and collected over Rs 41 Crores from the public. Instead of developing the project, the builder siphoned off the funds. Project was supposed to be finished by 2015, no development work commenced even after 6 years. Chhattisgarh’s RERA President Mr. Vivek Dhand said that 130 allottees of the project ‘City of Valencia’ located in Narada,...

  Ramesh Agrawal (LL.B. & CA) Real Estate Regulatory Authority (RERA), Gurgaon has given 60 Days civil imprisonment to the owner / Director of a Builder Company namely International Land Developers (ILD) in a contempt case. Adjudicating Officer (AO) of RERA, Gurgaon ordered to Superintendent of District Jail, Bhondsi stating “You are hereby authorised to detain Salman Akbar in civil imprisonment for 60 days… you are directed to produce him on 60th day of his detention before the adjudicating officer.” An arrest warrant was issued earlier on 31st October by the court to produce Salman Akbar on or before December 21, 2022. As per the officials the matter is of January 2013, when the complainant booked a unit in ILD Spire Greens, Sector 37 Gurgaon & an agreement was execute. Builder Company ( ILD ) was supposed to give possession in July 2016, but they failed. In November 2018, allottee filed a complaint in RERA court alleging delay by the promoter in giving possession. Author...

  Ramesh Agrawal (LL.B. & CA) Haryana Real Estate Regulatory Authority (HRERA) of Gurugram Bench has given directions to International Land Developers (ILD) to refund the homebuyer’s money along with Interest as it has failed to deliver the property in time. Abstract of the Order of RERA :- "The authority hereby directs the promoter (ILD) to return the amount received by him from the allottee with interest at the rate as prescribed under the rule 15 of the Haryana real estate (regulation and development) Rules 2017 from the date of each payment till the actual date of refund of the amount within the timelines provided in the rule 16 of the Haryana Rules 2017,". As per Rule 16 of Haryana Rules 2017, any refund payable to homebuyer by builder should be refunded within 90 days from the date of on which refund has been ordered by the Authority. Apartment in ILD Arete project was booked by the homebuyer on 10 th June 2015 & possession was committed by 10 th December 2019...

Ramesh Agrawal ( LL.B. & CA) Police have registered cases  cheating against 27 Builders of Thane, Maharashtra for allegedly forging documents for the registration of their projects with Real Estate Regulatory Authority (RERA). Police officials told that accused have allegedly cheated home buyers from 27 Villages & Kalyan Dombivli Municipal Corporation (KDMC) as a part of racket. The accused forged the documents to show that the proper permission was taken from Kalyan Dombivli Municipal Corporation for the construction of house & based on that they got the RERA Registration. The developers were involved in fraud from 2017 to 2022 & each  homebuyer paid somewhere around Rs. 25 lakhs to 35 lakhs for a home. A case has been registered for the above case, but no arrest has been made so far.