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Showing posts with the label cheating by builder

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 ordered 60 days of Civil Imprisonment for a Builder

  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...

Arrest Warrant by RERA against Ansal directors for not refunding to homebuyer

  CA Ramesh Agrawal Real Estate Regulatory Authority (RERA) has ordered for the issuance of Arrest Warrant against the directors of Ansal Housing Limited for noncompliance of an earlier order to refund to Homebuyers. RERA has ordered Ansal Housing Director’s to pay Rs. 5 Crores along with interest @ 9.3% to Mr. Rajeev Sharma & 4 other members, who complained against the directors. Mr. Sharma & other complainants were buyer of flats in Ansal Heights in Sector 86 launched in 2010. Project having 750 Units was supposed to be completed by 2014. According to earlier order, Ansal neither refunded the money nor filed any appeal against the directive despite many reminders. Summon has been issued to the Manager of the company. RERA earlier ordered to attach the Bank Account of the Developer, but it was informed that the Bank Account did not have any balance. The Developer was then asked to submit all the details of the Assets. Talking about the latest order, a person on b...

Four years of RERA Law for homebuyers

  Ramesh Agrawal (LL.B. & CA) It has been more than five years since the Real Estate (regulation and development) Act 2016 was passed. One more year was given to various state governments to draft rules, set up appellate tribunals, appoint officers and for developing websites and other provisions. Ultimately, the Act was implemented with effect from 1 st of May 2017.  Since that time, many cases have been filed and disposed by authorities at state level. For a home buyer, RERA can be helpful to use the guiding hand of RERA to resolve Complaint against the Builders.   When can you approach the Real Estate Regulatory Authority (RERA)?  Complaints can be filed against the Developer/ Builder as well as the Real Estate Agents, whether or not they are registered under RERA. It is stated in the RERA Act that registration of Real Estate Project is mandatory, If Land area is more than 500 sq. mtr or more than 8 units are there in the project. During registration of p...

Supreme Court ordered removal of 10,000 illegal houses in Haryana

  Ramesh Agrawal (LL.B. & CA)   Hon. Supreme Court  (SC) has directed the  Haryana Government and some concerned authorities to remove approx 10,000 illegally   built houses  in Aravali forest area of Faridabad Haryana. The  Supreme Court   in its order directed the Faridabad’s Municipal Corporation , to demolish the constructed houses on the area of forest within 6 weeks. The SC refuses to stay the eviction of these illegal construction, stated "Land grabbers can't take refuge of rule of law."   "There cannot be any compromise with the forest land," said by the Court in its order. The SC   further made it clear that the Faridabad’s Municipal Corporation, will proceed as stated in order of February 2020 and the state will give necessary logistical support to help the eviction order on the forest land. As per the order of Apex Court the Faridabad’s DCP will ensure the protection of the officers helping in ev...

A Builder sent to police custody again for cheating

  CA Ramesh Agrawal Raman Patel owner of Popular Builders of Ahmedabad was sent to Sola police custody for remand till Monday evening for another case of  alleged cheating, forgery, and criminal conspiracy with respect to purchase of a land belonging to a cooperative   society which had gone into liquidation after sometime. On Thursday, the Chief Judicial Magistrate, of Mirzapur court, VA Dhadhal granted Patel’s custody to police in connection with the sale of a land in 2015 by the Someshwar Darshan Cooperative Housing Society Ltd. office-bearers. An FIR was lodged for it but was not permitted then. Raman Patel is  under police custody at Sabarmati central jail for undertrial of various cases of land transactions, etc. The court has granted custodial interrogation of Raman Patel till Monday. He  requested the court that there was no fan in the barrack where he was  kept and  he should be allowed to have tiffin from home.  Home cook...

2nd wave of Covid-19 badly hits Future Sentiment for Indian Real Estate

Ramesh Agrawal ( CA & LL.B)   The 2 nd wave of  the COVID-19 have lead to drop in future sentiments index in the real estate sector for a minimum of 1 year . Due to uncertainties & spread of 2 nd wave of Covid-19, the “Future Sentiment Score' declined from 65 in Quarter 4 of 2020  to 57 in Quarter 1 of 2021 as per survey conducted by Knight Frank-FICCI-NAREDCO. The 'Current Sentiment Score' recorded a marginal improvement, from 54 in Quarter 4 of 2020  to 57 in Quarter 1 of 2021. As per Knight Frank India, this improvement has been mainly due to the healthy momentum in the Commercial & Residential Real Estate segments during the period October 2020 to February 2021. Due to  increase in COVID-19  cases since March 2021, the search for residential launches and sales has decreased substantially. The share of respondents that expect the residential market to grow or remain steady in the next 6 Months is exceeding 80%, across parameters...

Farmhouses in Gurgaon to be Demolished

                                                                        CA Ramesh Agrawal Farmhouses being built on a 20 acre plot near Sohna are likely to be demolished in a week as  the builder started construction without any permission from the Authority. DTCP team visited the site in Bhogpur village and found out that the builder have already laid a network of internal roads, erected electric poles and constructed boundary walls. DTCP Officials said the developer who was sent a notice, was planning to construct farmhouses to sell. Name of this project is NATURE VALLEY. Director of DTCP, directed the enforcement team to visit the concerned site on Saturday after the developer failed to give   a satisfactory reply to the SHOWCAUSE NOTI...

STATE CONSUMER FORUM DIRECTS A BUILDER TO REFUND HOME BUYER WITH COMPENSATION

CA Ramesh Agrawal   A builder of Chandigarh namely Sushma Buildtech Limited has been directed by the State Consumer Disputes Redressal Commission (SCDRC) to refund Rs 52.74 Lakh and a compensation of Rs 50,000 to an Army official for delaying the possession of an apartment by five months. Major Ashish Saurabh Sharma, booked a residential apartment in a project known as  Sushma Crescent  located at Gazipur, Zirakpur, Punjab. The total price of the apartment was Rs 55.77 Lakh and the buyer paid Rs 52.74 lakhs during January 2015 to June 2016. As per agreement, the Company was committed to give possession of the apartment within 36 months from the date of execution of the agreement. The Company failed to deliver the possession in time. During the case the company pleaded that the homebuyer made a default in making payment and his allotment was cancelled as per the terms of the buyer agreement after giving many opportunities to clear outstanding dues. However, the court ...

SUNNY LEONE PURCHASED A FLAT IN MUMBAI FOR Rs 16 CRORE

  CA Ramesh Agrawal Bollywood actress Sunny Leone  has recently purchased a flat in Andheri ,Mumbai  for Rs 16 crore. Flat is measuring 4,365 Sq. Ft. Stamp Duty of Rs 48 Lakh was paid. The apartment is on 12 th Floor in an under-construction project named “Atlantis” being developed by a realtor named Crystal Pride Developers. The flat has three mechanised car parking. Transaction has been executed by actress Sunny Leone under her legal name “Karenjit Kaur Vohra”. The state government has announced a reduction in stamp duty charges to 2% from 5% from September to December-end with an objective of kick-starting the real estate sector and nearly 260 linked industries by encouraging housing sales announced. During January and March 31, Stamp duty was being charged at 3% of the agreement value. Maharastra Govt reduced stamp duty  charges to increase demand in the mid-income and affordable segments and also to conclude several large-ticket transacti...