Case Laws-RERA-REAT

When a matter is pending before Hon’ble High Court of Delhi and statutory authorities (NCDRC), it would not be in the fitness of things for REAT to deeply delve into the issue of violation of Section 14 of the RERA – Parmod Kumar Jain Vs. Parsavnath Landmarks Pvt. Ltd. – NCT of Delhi REAT

/ 1 minute of reading

Hon’ble REAT held that when the matter is pending before Hon’ble High Court of Delhi and statutory authorities, it would not be in the fitness of things for this Tribunal to deeply delve into the issue of violation of Section 14 of the Act. However, the appellant may, in terms of the directions issued by the Hon’ble Supreme Court, file a fresh application before the NCDRC, for consideration of his grievance.

When a matter is pending before Hon’ble High Court of Delhi and statutory authorities (NCDRC), it would not be in the fitness of things for REAT to deeply delve into the issue of violation of Section 14 of the RERA – Parmod Kumar Jain Vs. Parsavnath Landmarks Pvt. Ltd. – NCT of Delhi REAT Read Post »

Mere applying for grant of Occupation Certificate to the competent authority does not exempt the project from the category of ‘on-going project’ | The builder is not entitled to levy holding charges – Alpha Corp. Development Pvt. Ltd. Vs. Mr. Kapil Dev – Haryana REAT

/ 3 minutes of reading

Hon’ble Haryana REAT held that mere applying for grant of occupation certificate to the competent authority does not exempt the project from the category of ‘on-going project’. Mere applying for grant of occupation certificate to the competent authority does not exempt the project from the category of ‘on-going project’.

Mere applying for grant of Occupation Certificate to the competent authority does not exempt the project from the category of ‘on-going project’ | The builder is not entitled to levy holding charges – Alpha Corp. Development Pvt. Ltd. Vs. Mr. Kapil Dev – Haryana REAT Read Post »

It is the only duty of the promoter to execute Agreement to Sale, not the duty of the allottee to seek the Agreement to Sale executed | Interest on refund cannot be denied on the ground that no Agreement to Sale was executed between the Allottee and Promoter – Renu Singhal Vs. Indian Railway Welfare Organisation – Rajasthan REAT

/ 4 minutes of reading

Hon’ble Rajasthan REAT held that a bare perusal of Section 13 read with Section 19 of the RERA Act, 2016, it is the only duty of the promoter to execute “Agreement to Sale”, if more than 10% cost of the apartment has been accepted. Section 19(1) provides that the allottee shall be entitled to obtain the information relating to sanctioned plans etc. including the information as per the “Agreement to Sale” signed with the promoter. It is not the duty of the allottee to seek the “Agreement to Sale” executed, rather allottee has right to obtain information as desired under Section 13 of the Act of 2016, regarding the “Agreement”, and the promoter is duty bound to get the “Agreement to Sale” executed in compliance of Section 13 of the Act of 2016.

It is the only duty of the promoter to execute Agreement to Sale, not the duty of the allottee to seek the Agreement to Sale executed | Interest on refund cannot be denied on the ground that no Agreement to Sale was executed between the Allottee and Promoter – Renu Singhal Vs. Indian Railway Welfare Organisation – Rajasthan REAT Read Post »

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