Compensation Claim

Jurisdiction to decide claim for interest under Section 18(1) is with the Regulatory Authority(RERA) whereas the jurisdiction to decide issue of compensation u/s 18(3) is in the realm of Adjudicating Officer under Section 71 of the RERA Act – Karan Chopra Vs. Skystar Buildcon Pvt. Ltd. – Bombay High Court

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Jurisdiction to decide claim for interest under Section 18(1) is with the Regulatory Authority(RERA) whereas the jurisdiction to decide issue of compensation u/s 18(3) is in the realm of Adjudicating Officer under Section 71 of the RERA Act – Karan Chopra Vs. Skystar Buildcon Pvt. Ltd. – Bombay High Court Read Post »

Interpretation of the proviso to Section 43(5) of RERA: Calculation of amount of pre-deposit under Section 43(5) of RERA | Time when payment of pre-deposit under proviso to Section 43(5) of RERA is to be made, at the inception/entertain or before final hearing – Janapriyo Real Estate Pvt. Ltd. and Anr. Vs. The State of West Bengal and Ors. – Calcutta High Court

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Interpretation of the proviso to Section 43(5) of RERA: Calculation of amount of pre-deposit under Section 43(5) of RERA | Time when payment of pre-deposit under proviso to Section 43(5) of RERA is to be made, at the inception/entertain or before final hearing – Janapriyo Real Estate Pvt. Ltd. and Anr. Vs. The State of West Bengal and Ors. – Calcutta High Court Read Post »

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 »

Power to waive of pre-deposit requirement under Section 43(5) of RERA | Constitutional validity of the proviso to Section 43(5) | Adjudication of Interest, Compensation, Penalty etc. under RERA | Powers and Jurisdiction of Real Estate Regulatory Authority and Adjudicating Officer – Experion Developers Pvt. Ltd. Vs. State of Haryana and others – Punjab & Haryana High Court

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Power to waive of pre-deposit requirement under Section 43(5) of RERA | Constitutional validity of the proviso to Section 43(5) | Adjudication of Interest, Compensation, Penalty etc. under RERA | Powers and Jurisdiction of Real Estate Regulatory Authority and Adjudicating Officer – Experion Developers Pvt. Ltd. Vs. State of Haryana and others – Punjab & Haryana High Court Read Post »

Adjudicating Officer under Section 71 of Real Estate (Regulation & Development) Act, 2016 has no power to award interest and compensation, in the event possession of the flat has been taken by the allottee from the promoter – Vibhor Vaibhav Infrahomes Pvt. Ltd. Vs. Union of India and 5 Ors. – Allahabad High Court

Section 71 of the Real Estate (Regulation & Development) Act, 2016 confers power upon an Adjudicating Officer to adjudge compensation under Sections 12, 14, 18 and 19. Sub-­section (3) of Section 71 provides that if the Adjudicating Officer is satisfied that the person has failed to comply with the provisions of any of the sections specified in Sub-­section (1) he may direct to pay such compensation or interest, as the case may be, as he thinks fit in accordance with the provisions of any of those sections.

Section 38(1) of the Act, 2016 confers power upon the ‘Authority‘ to impose penalty or interest in regard to contravention of obligations cast upon the promoters, the allottees and the real estate agents under the Act, Rules and Regulations. Power to award compensation or interest has been conferred under Section 71(1)/(3) of the Act, 2016 upon an Adjudicating Officer for adjudging compensation under Section 12, 14, 18 and Section 19 of the Act, 2016. Thus, the power to adjudge compensation has been conferred upon the Adjudicating Officer and not upon the Authority.

Adjudicating Officer under Section 71 of Real Estate (Regulation & Development) Act, 2016 has no power to award interest and compensation, in the event possession of the flat has been taken by the allottee from the promoter – Vibhor Vaibhav Infrahomes Pvt. Ltd. Vs. Union of India and 5 Ors. – Allahabad High Court Read Post »

Showing a picture of swimming pool in the Real Estate Project in the broacher is promise and direction issued by RERA for payment toward the construction of swimming pool is not a compensation hence, Section 71 of the RERA Act has no application – M. Ahuja (I) (P) Ltd. Vs. Shaktipunj Engineers Pvt. Ltd. – Chhattisgarh High Court

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Showing a picture of swimming pool in the Real Estate Project in the broacher is promise and direction issued by RERA for payment toward the construction of swimming pool is not a compensation hence, Section 71 of the RERA Act has no application – M. Ahuja (I) (P) Ltd. Vs. Shaktipunj Engineers Pvt. Ltd. – Chhattisgarh High Court Read Post »

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