Homebuyer Can Pursue Remedies Under RERA & Consumer Protection Act Simultaneously: P&H HC [Read Judgment]
4 years, 5 months ago

Homebuyer Can Pursue Remedies Under RERA & Consumer Protection Act Simultaneously: P&H HC [Read Judgment]

Live Law  

The Punjab and Haryana High Court has observed that a homebuyer can pursue the remedies under the Real Estate Act, 2016 and the Consumer Protection Act simultaneously.A division bench of Justices Dr S Mularidhar and Avneesh Jhangan held that it is not mandatory that a person, whose complaint is pending before the Consumer Forum, should have it transferred to. The Punjab and Haryana High Court has observed that a homebuyer can pursue the remedies under the Real Estate Act, 2016 and the Consumer Protection Act simultaneously. The Court noted that the proviso to Section 71 is an enabling proviso, which enables a person whose complaint is pending in the consumer fora under the CPA to opt to withdraw such complaints to go before the AO. "If, however, such person opts to withdraw his complaint before the consumer fora to come to the AO, the scope of the relief he seeks would be limited to the compensation or interest.

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History of this topic

Prospective Home Buyers Can Also Approach RERA For Remedies: Punjab & Haryana High Court
1 month, 2 weeks ago

Prospective Home Buyers Can Also Approach RERA For Remedies: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has made it clear that home buyers who have deposited certain amount and are prospective allottees can also filed complaint in Real Estate Regulatory Authority for redressal of grievances. Observing that this argument was "rudderless" a division bench of Justice Sureshwar Thakur and Justice Vikas Suri said, "The reason being that when, within the …

Real Estate Monthly Digest: January 2025
1 month, 3 weeks ago

Real Estate Monthly Digest: January 2025

Live Law  

Maharashtra Real Estate Appellate Tribunal MahaREAT Imposes Penalty Of Rs. Haryana Real Estate Regulatory Authority Haryana RERA Directs Ansal Builders To Hand Over Possession And Pay Interest For Delay Case – Sanjeev Ganguly & Anr Versus M/s Ansal Townships Infrastructure Private Limited Citation – Complaint No: 7354 of 2022 Haryana Real Estate Regulatory Authority bench, comprising Ashok Sangwan has directed …

Haryana RERA - No Additional Compensation To Homebuyer When Interest For Delayed Possession Already Granted
Trending News
3 months, 2 weeks ago

Haryana RERA - No Additional Compensation To Homebuyer When Interest For Delayed Possession Already Granted

Live Law  

Haryana Real Estate Regulatory Authority Bench comprising Rajender Kumar dismissed the homebuyer's complaint against M/s. Authority held that no additional compensation can be granted to the homebuyer when delay possession compensation has already been granted along with interest under Section 18 of the RERA, 2016. Through its order dated December 11, 2018, the authority directed the builder to pay interest …

Maharashtra RERA Holds Spenta Enclave Liable For Delay, Orders Interest To Homebuyers
3 months, 4 weeks ago

Maharashtra RERA Holds Spenta Enclave Liable For Delay, Orders Interest To Homebuyers

Live Law  

While allowing the complaints of Two homebuyers, Maharashtra Real Estate Regulatory Authority bench comprising of Manoj Saunik directed Spenta Enclave to pay interest to the homebuyers for the delay in handing over possession of the flat. Background Facts Homebuyers purchased their respective flats in the builder's project named Altavista - Phase 1, located at Kurla, Mumbai Sub Urban. Observation and …

No Bar On Invoking Arbitration Despite Alternative Remedy Under RERA Act: Gauhati High Court
9 months, 1 week ago

No Bar On Invoking Arbitration Despite Alternative Remedy Under RERA Act: Gauhati High Court

Live Law  

The Gauhati High Court bench of Justice Michael Zothankhuma has held that arbitration can be invoked to settle a real estate dispute, despite the existence of an alternative legal remedy under the Real Estate Act. The High Court held that there was there is no inherent conflict or repugnancy between the RERA Act and the Arbitration Act. Additionally, the Supreme …

RERA Weekly Round Up – 27 May To 2 June 2024
9 months, 3 weeks ago

RERA Weekly Round Up – 27 May To 2 June 2024

Live Law  

Maharashtra Real Estate Appellate Tribunal MahaREAT Refuses To Adjudicate Homebuyer's Appeal Due To Ongoing Injunction Issued By Pune Civil Court Case – Kunal Kashyap & another Versus M/S Atul Enterprises The bench of the Maharashtra Real Estate Appellate Tribunal, comprising Justice Shriram R. Jagtap and Dr. K. Shivaji, refuses to adjudicate the homebuyer's appeal concerning registration of a real estate …

Consumer Cases Weekly Round-Up: 8th to 14th April 2024
11 months, 1 week ago

Consumer Cases Weekly Round-Up: 8th to 14th April 2024

Live Law  

Himachal Real Estate Regulatory Authority Himachal RERA Grants Relief To Non-Himachali Homebuyer, Directing Builder To Refund With Interest If State Land Laws Permission Is Not Obtained The Himachal Real Estate Regulatory Authority bench comprising of Justice Dr. Srikant Badli and BC Badalia, has granted relief to a non-Himachali homebuyer under whose favor the builder was not executing a conveyance deed, …

Haryana RERA Directs Builder To Refund The Homebuyer's Amount With Interest, Rejects Builder's Investor Argument
11 months, 2 weeks ago

Haryana RERA Directs Builder To Refund The Homebuyer's Amount With Interest, Rejects Builder's Investor Argument

Live Law  

Haryana Real Estate Regulatory Authority comprising Justice Ashok Sangwan, has directed the builder to refund the entire amount paid by the homebuyer with interest, rejecting the builder's contention that the homebuyer is not a consumer but an investor. Aggrieved by the delay, homebuyers seek to withdraw from the project, therefore, homebuyers filed a complaint before Haryana RERA seeking a refund …

Govt to mediate between realtors, buyers to settle real estate disputes
1 year, 11 months ago

Govt to mediate between realtors, buyers to settle real estate disputes

Hindustan Times  

Booked an apartment but have yet to move in because of a long delay in completion of the project? India passed an updated law, the Consumer Protection Act, 2019, which provides for a three-tier quasi-judicial mechanism to redress consumer disputes -- district, state commissions and national commissions. The ministry will hold a stakeholder conference in Mumbai on Tuesday comprising buyers, …

Supreme Court Annual Digest 2022- Consumer Protection Law
2 years, 2 months ago

Supreme Court Annual Digest 2022- Consumer Protection Law

Live Law  

Consumer Law Consumer Law - Transfer Petition filed seeking transfer of consumer complaints pending before Consumer fora to Bombay High Court - Dismissed - The consumer complaints are filed under the Consumer Protection Act, therefore, such consumer complaints cannot be transferred to the High Court exercising the jurisdiction under Article 226 of the Constitution of India. Ltd. v. New India …

Consumer Commissions Must Decide Delay Condonation Application Before Adjudication Of Complaint On Merits: UP SCDRC
2 years, 7 months ago

Consumer Commissions Must Decide Delay Condonation Application Before Adjudication Of Complaint On Merits: UP SCDRC

Live Law  

The Uttar Pradesh State Consumer Disputes Redressal Commission has held that consumer forums must decide the application for condonation of delay in filing of a complaint under the Consumer Protection Act, 2019 first, before adjudication on merits.noted that Section 69 of the Act clearly provides that no complaint will be entertained unless the Commission, whether at district, state. The Uttar …

RERA Prevails Over SARFAESI ; Homebuyers Can Move RERA Authority Against Bank's Recovery Actions : Supreme Court
3 years, 1 month ago

RERA Prevails Over SARFAESI ; Homebuyers Can Move RERA Authority Against Bank's Recovery Actions : Supreme Court

Live Law  

The Supreme Court upheld a Rajasthan High Court judgment which held that Real Estate Regulatory Authority can entertain complaints by home buyers against the bank which took possession of a real estate project as a secured creditor.Before the Rajasthan High Court, the Union Bank of India and others had questioned the authority. Case name: Union Bank Of India vs Rajasthan …

RERA - Regulatory Authority Has Exclusive Jurisdiction To Direct Refund To Allottee; Adjudicating Officer Has Power To Determine Compensation : Supreme Court
3 years, 4 months ago

RERA - Regulatory Authority Has Exclusive Jurisdiction To Direct Refund To Allottee; Adjudicating Officer Has Power To Determine Compensation : Supreme Court

Live Law  

The Supreme Court in its judgment delivered on Thursday had, inter alia, held that the regulatory authority has exclusive jurisdiction to direct refund of the amount, and interest on the refund amount, or directing payment of interest for delayed delivery of possession, or penalty and interest thereon, to the allottee; whereas the adjudication for determining compensation and interest thereon is …

RERA Does Not Bar Consumer Fora From Entertaining Complaints By Allottee, Reiterates Supreme Court
4 years, 3 months ago

RERA Does Not Bar Consumer Fora From Entertaining Complaints By Allottee, Reiterates Supreme Court

Live Law  

The Supreme Court has reiterated that Section 79 of the RERA Act does not bar the Consumer fora from entertaining complaint on behalf of an allottee.In this case, the issue before the Delhi High Court was whether the proceedings under the Consumer Protection Act, 1986 can be commenced by home buyers against. The Supreme Court has reiterated that Section 79 …

Entitlement Of Homebuyer Starts From Date Of Agreement And Not RERA Registration: Supreme Court [Read Judgment]
4 years, 4 months ago

Entitlement Of Homebuyer Starts From Date Of Agreement And Not RERA Registration: Supreme Court [Read Judgment]

Live Law  

The Supreme Court has held that period for allotment of flat to a homebuyer has to be reckoned from the date of the buyer agreement and not from the date of the registration of the project under the Real Estate Regulation and Development Act.A division bench comprising Justices UU Lalit and Vineet Saran made this observation in the judgment in …

Consumer Complaint By Allottee Against Builder Not Barred By RERA Act: Supreme Court [Read Judgment]
4 years, 4 months ago

Consumer Complaint By Allottee Against Builder Not Barred By RERA Act: Supreme Court [Read Judgment]

Live Law  

The Supreme Court has held that a complaint before Consumer Fora by allottees against builders is not barred by the Real Estate Act, 2016.In this case, the the complainants who had booked apartments by executing Builder Buyer Agreements in 2013, had approached the Consumer Commission which allowed their complaint and ordered refund of the amounts deposited by each. Before the …

Remedies Available Under Consumer Protection Act And RERA Are Concurrent: Delhi HC [Delhi HC]
5 years, 6 months ago

Remedies Available Under Consumer Protection Act And RERA Are Concurrent: Delhi HC [Delhi HC]

Live Law  

The Delhi High Court on Wednesday reiterated that remedies available to home buyers under the Consumer Protection Act, 1986 and Real Estate Act, 2016 are concurrent.BackgroundIn the petition titled "M/s M3M India Pvt. The Delhi High Court on Wednesday reiterated that remedies available to home buyers under the Consumer Protection Act, 1986 and Real Estate Act, 2016 are concurrent. Findings …

Maintainability Of Home Buyers' Complaint Before Consumer Fora After Enactment Of RERA: Delhi HC To Decide [Read Order]
5 years, 8 months ago

Maintainability Of Home Buyers' Complaint Before Consumer Fora After Enactment Of RERA: Delhi HC To Decide [Read Order]

Live Law  

The Delhi High Court will consider the maintainability of complaints filed by Home Buyers before the Consumer Forums after enactment of the Real Estate Act, 2016. Before the National Consumer Disputes Redressal Commission, Today Homes & Infrastructure Pvt Ltd., objected to maintainability of complaints filed by some home buyers contending that section 79 of. Before the National Consumer Disputes Redressal …

RERA Does Not Bar Homebuyers' Complaint Under Consumer Protection Act Against Builder/Developer: NCDRC [Read Order]
5 years, 11 months ago

RERA Does Not Bar Homebuyers' Complaint Under Consumer Protection Act Against Builder/Developer: NCDRC [Read Order]

Live Law  

The National Consumer Disputes Redressal Commission has held that Real Estate Act 2016 does not bar filing of a complaint under the Consumer Protection Act 1986 against a builder/developer.The bench headed by Justice R K Agrawal was dealing with a batch of complaints filed by homebuyers for compensation from Today Homes & Infrastructure Pvt Ltd. The National Consumer Disputes Redressal …

Government committed to resolving problems of home buyers: Union minister Hardeep Singh Puri
6 years, 6 months ago

Government committed to resolving problems of home buyers: Union minister Hardeep Singh Puri

Firstpost  

Hard-earned money of over lakhs of home buyers in Delhi-NCR are stuck because of defaults by developers including Jaypee group, Amrapali, Unitech and The 3C Company in deliveries of their projects on time. New Delhi: Asserting that the government is committed to resolving the problem of home buyers, Union minister Hardeep Singh Puri on Wednesday said that all real estate …

RERA vs IBC: two laws that now ring fence homebuyers
6 years, 8 months ago

RERA vs IBC: two laws that now ring fence homebuyers

The Hindu  

The Real Estate Act,2016 and the Insolvency and Bankruptcy Code offer protection to homebuyers from errant builders. Anant Merathia, a Chennai-based corporate lawyer focussing on IBC, decodes the provisions under both the laws: How does RERA protect homebuyers? Protection that IBC offers Post the recent ordinance promulgated in June 2018, homebuyers are included in the category of financial creditors under …

How You Can File a Complaint Under RERA
7 years, 7 months ago

How You Can File a Complaint Under RERA

The Hindu  

When the Real Estate Act was brought into the spotlight on May 1 this year, homebuyers all over the country breathed a collective sigh of relief. Complaints can be filed with the Real Estate Regulatory Authority or the adjudicating officer under Section 31 of RERA. In order to file a complaint with RERA, home buyers need to confirm the following: …

By invitation: RERA in Karnataka protects builder, not consumer
7 years, 8 months ago

By invitation: RERA in Karnataka protects builder, not consumer

Deccan Chronicle  

The Real Estate Regulatory Authority bill passed by Parliament unanimously on March 26th, 2016 was a response by Central Govt and Parliament to the long-standing problem of home buyers being exploited by rogue elements in the Real estate sector. I followed it up with a reminder letter on July 04, 2017, urging him to notify the Rules in accordance with …

Haryana’s RERA bill not in our favour: Gurgaon homebuyers
7 years, 10 months ago

Haryana’s RERA bill not in our favour: Gurgaon homebuyers

Hindustan Times  

Homebuyers in Gurgaon have raised objections to the present draft of the Haryana real estate regulatory authority bill. The buyers want the state government to keep the provisions of the Centre’s real estate regulatory Act so that private licensed colonies since 1980s in Gurgaon fall under its purview. According to the buyers, the Haryana government should not differentiate between buyers …

RERA (Real Estate Regulatory Act) - Will Haryana Implement The Right, Earnest, Rare, Approach?
7 years, 11 months ago

RERA (Real Estate Regulatory Act) - Will Haryana Implement The Right, Earnest, Rare, Approach?

Live Law  

The much exulted RERA will soon be implemented in Haryana from 1st May, 2017. RERA had instilled the much needed hope amongst the consumers, administrators and real estate players. Some of the highlights of the Act include: It establishes the State Real Estate Regulatory Authority for that particular state as the government body to be approached for redressal of grievances …

Consumer Complaints Can’t Be Rejected Citing ‘Alternative Remedy’ Under Other Statutes: Chhattisgarh HC [Read Judgment]
8 years, 3 months ago

Consumer Complaints Can’t Be Rejected Citing ‘Alternative Remedy’ Under Other Statutes: Chhattisgarh HC [Read Judgment]

Live Law  

Remedy available to the consumer under the Consumer Protection Act is an additional remedy, the high court observed.The Chhattisgarh High Court has held that the remedy available to the consumer under the Consumer Protection Act is an additional remedy. Remedy available to the consumer under the Consumer Protection Act is an additional remedy, the high court observed. The Chhattisgarh High …

Consumer Complaints Can’t Be Rejected Citing ‘Alternative Remedy’ Under Other Statutes: Chhattisgarh HC [Read Judgment]
8 years, 3 months ago

Consumer Complaints Can’t Be Rejected Citing ‘Alternative Remedy’ Under Other Statutes: Chhattisgarh HC [Read Judgment]

Live Law  

Remedy available to the consumer under the Consumer Protection Act is an additional remedy, the high court observed.The Chhattisgarh High Court has held that the remedy available to the consumer under the Consumer Protection Act is an additional remedy. Remedy available to the consumer under the Consumer Protection Act is an additional remedy, the high court observed. The Chhattisgarh High …

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