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Showing posts with the label Homebuyer

ED Arrests Builder in Rs 2,000 Crore Fraud with Homebuyers

CA Ramesh Agrawal The ED has arrested four promoters of Earth Infrastructures Ltd. on 1 st June 2026 for Rs. 2004+ Crore fraud under the Prevention of Money Laundering Act (PMLA). The accused Avdhesh Kumar Goel, Rajnish Mittal, Atul Gupta and Vikas Gupta are the directors / promotors of the company. They were presented before a special PMLA court in Delhi. The court granted five days custody to ED for interrogation. As per the agency, Rs. 2004+ Crore has been collected by the Earth Group from more than 19,425 Home Buyers and Investors promising assured returns and timely delivery of the projects. Rs. 467 Crore has been diverted through Group Companies and other related individuals & concerns. The ED told that “Despite receipt of substantial funds from the buyers/investors, the projects were either left incomplete or possession of units was not handed over, thereby causing wrongful loss to the homebuyers and investors,”. The investigation of the agency further revealed that a...

FIR Filed Against Builder for Alleged Fraud

  CA Ramesh Agrawal An FIR has been registered by The Economic Offences Wing (EOW) of the Delhi Police against Gurugram based real estate company Experion Developers Private Limited and its related entity, Experion Capital Private Limited, following a complaint filed by the Enforcement Directorate (ED), according to an official statement. The complaint raised from the ED’s investigation into an alleged money laundering case involving Religare Finvest Limited (RFL). During the probe, the ED found that former promoters of RFL, Malvinder Mohan Singh and Shivinder Mohan Singh, allegedly diverted around Rs 2,036 crore through entities under their control. As part of this diversion, the ED alleged that Rs 150 crore from RFL was used to acquire a 27.86-acre land parcel in Sector 62, Gurugram. On 4 th February 2020, the ED attached this land, which also included a 9.1-acre portion owned by Dignity Buildcon Private Limited. During further investigation, the ED observed that the Exp...

RERA SHOULD BE ABOLISHED - SUPREME COURT

  CA Ramesh Agrawal On 12 th February 2026, the Supreme Court expressed serious dissatisfaction with the functioning of the Real Estate Regulatory Authority (RERA), indicating that the institution, should be abolished in its current form. In this regard please note: - The Hon. Supreme Court strongly criticized the current functioning & working of RERA and observed that RERA should be abolished in its existing form & there is a need to rethink the role being played by it. The Apex court urged all States to examine who is actually benefiting from RERA’s functioning. The Bench comprising of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi observed that RERA is helping defaulting builders rather than effectively protecting homebuyers or fulfilling its intended objectives. The Bench emphasized that States should revisit the original purpose behind the enactment of the RERA Act. As quoted by Bar and Bench, CJI Surya Kant stated “ All States should now think of...

Supreme Court Ruling Warns Homebuyers: Registration Is Not Ownership

CA Ramesh Agrawal The Supreme Court in a significant ruling has stated that only registering a property does not make someone its legal owner. The judgement, delivered in the Mahnoor Fatima Imran vs M/s Visweswara Infrastructure Private Limited case, has direct implications for millions of Indian homebuyers and investors. If someone has bought a property solely based on a registered sale deed, then have a look at the below points.   Understanding the Law: Registration Does Not Equal Ownership “Ownership of a property comprises several aspects, of which registration is only one,” says Mr. Harsh Parikh, partner at a Law Firm, Khaitan & Co. Under Indian law, properties above Rs. 100 require registration, but that’s not all. “A buyer must also prove full payment, possession, and custody of original title documents,” he explains. Chairman and Director of Prime Developments, Mr. Rakesh Malhotra stated that “Registration provides prima facie evidence of a transaction, but it doesn’t c...

Municipality Demolishes Illegal & Unsafe Structures

  CA Ramesh Agrawal The Sambhajinagar Municipal Corporation (CSMC) has started an anti-encroachment campaign, to keep the city clean, safer, free up public space, etc. Details of the same are mentioned as below: - Drive Moves To Gulmandi Area: - After cleaning up areas like Beed Bypass and Mukundwadi, now the clean campaign has moved to Gulmandi area, which is busy & crowded market zone. The move shows that the Authorities are serious for removing illegal building all across the city. Illegal Constructions & extension demolished: - The Authorities have targeted illegal buildings & extension of around 25 Shops in bustling Rangar Galli Market & its surrounding areas. During the operation demolition of a run-down building was carried out with the presence of police. Ongoing Efforts : - Additional Municipal Commissioner, Mr. Santosh Wahule explained that this campaign in Gulmandi was carried out on the instructions of the Civic Chief G. Sreekanth. This clean campaign ...

RERA Awards Rs. 65 Lakhs Compensation to Homebuyer for 9 Years Delay in Flat Possession

  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...

Mandatory Uploading of Occupancy and Completion Certificates

  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...

RERA takes over the project of the Builder to Complete

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,...

RERA ordered to Refund Homebuyer with Interest

  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...

Forgery cases against many Builders

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. 

Homebuyers Benefited from RERA but a long way to go

CA Ramesh Agrawal The Real Estate Regulation & Development Act, 2016 (RERA) was passed in the Parliament in March 2016 & it came into effect from 1 st May 2016. In May 2022, RERA completed 6 Years. RERA law, various decisions of Hon. Supreme Court and other judicial forums like NCDRC, NCLT has substantially empowered the India’s Homebuyers. Modi govt realised that the homebuyers were being cheated by many builders and these builders need to be brought to justice thus brought such laws. Initial few years after implementation of RERA was spent getting the legal structure in place. Currently Regulatory Authorities & Appellate Tribunals have started taking stringent action in many cases if not in all cases. In many of the cases, remarkable decisions have been taken by the RERA Authorities. Many homebuyers have got justice through RERA and other courts. In a case of Gurugram, RERA issued arrest warrants against the directors of a Real Estate Company and in another case, it dire...

Builder arrested for Cheating Homebuyers

                                                           CA Ramesh Agrawal The Delhi Police’s Economic Offences Wing (EOW) has arrested a Builder who has cheated 31 persons of more than 10 Crores for booking of flats & shops at a real estate project in Haryana’s Rewari. Deepak Gusain, a resident of Ghaziabad in Uttar Pradesh is the accused who has been absconding for a  long time & look out notice was issued for him. As per the officials, Pankaj Gusain advertised for booking of flats & shops in real estate project in Rewari for his company named “Asian Developers Private Limited” in 2012. Buyers made bookings & regular payments were made by them, but the construction was stopped by builder in April 2014. The facts were misrepresented by the Builder before the public at large which induced them to invest in the ...

RERA cancelled registration of 3 Projects

  CA Ramesh Agrawal RERA registration of 3 real estate projects have been cancelled by Uttar Pradesh Real Estate Regulatory Authority (UP-RERA). As per the officials’ statements, the promoters of Raksha Vigyan Sanskriti Phase-2, Antriksh Sanskriti Phase-2 and Antriksh Sanskriti Phase-3 have violated provision of the RERA law. These builders have not followed order issued by Authority & project was not completed risking the investments of the allotees. In the allotees mostly are present & former government employees. As per RERA officials, many complaints were received regarding these projects. Authority conducted a site inspection of these projects & they found out that chances of completing the projects is uncertain. Construction & Development work for these 3 projects was started in 2015 was schedules to be finished by July 22 & June 23 respectively. ‘Project Advisory and Monitoring Committee’ has been constituted under Mrs Kalpana Mishra, member of the author...

NCDRC Order Builder have to refund with interest to Homebuyer

  CA Ramesh Agrawal The Builder will have to refund the amount with interest to Homebuyer if possession of the flat is not given on time. Jaypee Builder has been ordered by The National Consumer Disputes Redressal Commission (NCDRC) to refund the money along with interest for non-delivery of the booked flats in the Cove Greater Noida Project located at Jaypee Sports Green City in Yamuna Expressway Industrial Development Authority Area. This action was taken on the complaints of Jaypee Cove Buyers Association filed by 71 home buyers. NCDRC has ordered the builder Jaiprakash Associates Limited to return the entire amount deposited by homebuyer within 6 Weeks with simple interest @ 9%. Apart from interest the builder will have to give Rs. 50,000 to each of the complainants home buyers. These flats were booked in 2011-2012 & almost 90-95 percent amount was paid by homebuyers to builder. The specified period for handing over the possession of flats was 42 Months. The Homebuyer assoc...

Settlement of Disputes Between Builder & Homebuyer - Conciliation Forum

  Ramesh Agrawal (LL.B & CA)   ·          Real Estate (Development and Regulation) Act 2016, Rules and Regulations were enacted to resolve the disputes between the Builders & homebuyers. ·          A Conciliation forum is to facilitate settlement of any disputes between the parties and acts as a mediator between the aggrieved parties. ·          Aggrieved parties such as home buyers, developers, or real estate agents can get their grievances solved under this forum before filing a complaint with the Real Estate Regulatory Authority. ·          Procedure to file online application is as below: - a)        The allottee needs to register on the conciliation forum application portal, by entering his login Id & Password. b)       After successful login, allot...