Landmark judgment in RERA, 2016 – Newtech Promoters and Developers Pvt. Ltd. Vs. State of UP & Ors. etc. – Supreme Court

This judgment covers: A. Object and Reasons of the Real Estate (Regulation and Development) Act, 2016. A.1 Statement of object and reasons. A.2 Interpretation of Section 18 of the RERA Act. A.3 Unconditional absolute and Unqualified Right of the Allottee to seek Refund: Section 18(1) and Section 19(4) of the RERA Act. A.4 Section 71 of the RERA Act. B. Whether Real Estate (Regulation and Development) Act, 2016 is retrospective or retroactive in its operation and what will be its legal consequence if tested on the anvil of the Constitution of India?. C. Whether the Regulatory Authority(RERA) has jurisdiction to direct return/refund of the amount to the allottee under Sections 12, 14, 18 and 19 of the RERA Act or the jurisdiction exclusively lies with the adjudicating officer under Section 71 of the RERA Act?. C.1 Refund of Amount. C.2 The interest of the promoter is equally safeguarded. C.3 Scope and functions of the Adjudicating Officer. C.4 If Regulatory Authority (RERA) and Adjudicating Officer either come to different conclusions on the same questions or in a single complaint?. C.5 If single complaint is filed seeking a combination of reliefs. C.6 Regulatory Authority disposes of the application expeditiously and not to restrain the mandate of 60 days as referred to under Section 71(3) of the Act. C.7 Conclusion. D. Whether Section 81 of the RERA Act authorizes the Regulatory Authority to delegate its powers to a single member of the authority to hear complaints instituted under Section 31 of the RERA Act?. E. Whether the condition of pre-deposit under proviso to Section 43(5) of the RERA Act for entertaining substantive right of appeal is sustainable in law?. E.1 Determination of Refund amount. E.2 Right of appeal which is a creature of the statute. E.3 Pre-deposit under Section 43(5) of RERA Act is not violate Articles 14 or 19(1)(g) of the Constitution of India. F. Whether the authority has the power to issue recovery certificates for recovery of the principal amount under Section 40(1) of the Act?. G. Disposed of

Landmark judgment in RERA, 2016 – Newtech Promoters and Developers Pvt. Ltd. Vs. State of UP & Ors. etc. – Supreme Court Read Post »