Enforcement of Order

Refund orders issued by RERA cannot be executed by setting the criminal law into motion – Mrs. U. Anitha Reddy and Ors. Vs. State of Karnataka and Anr. – Karnataka High Court

Hon’ble Karnataka High Court held that the daughter of the complainant has knocked at the doors of RERA and secured an order of refund of Rs. 60,91,329/-. It was the duty of the complainant to get the order executed. Refund orders cannot be executed by setting the criminal law into motion. For an offence under Section 420 of the IPC, the dishonest intention of the accused must be writ large right from the inception. These are agreements between the parties. Therefore, there can be no question of dishonest intention to cheat the victim.

Refund orders issued by RERA cannot be executed by setting the criminal law into motion – Mrs. U. Anitha Reddy and Ors. Vs. State of Karnataka and Anr. – Karnataka High Court Read Post »

Whether Real Estate Regulatory Authority (RERA) has jurisdiction to issue an order of recovery warrant under Section 40 of RERA, 2016 – Marg Properties Ltd. Vs. Tamil Nadu Real Estate Regulating Authority (TNRERA) and Ors. – Madras High Court

Hon’ble Madras High Court held that:

(i) Once the regulatory authority passed an order under Section 40(1) of RERA, 2016, the order impugned would reveal that the recovery warrant was issued under Section 40(1) of the RERA and it was sent to the District Collector to recover the money. Therefore, the adjudicating authority has not exceeded its limits beyond the scope of the powers conferred under Section 40(1) of the RERA.
(ii) The regulatory authority treated the recovery of amount and issued a warrant under Section 40(1) of the RERA to the District Collector for the purpose of recovering the same by invoking the provisions of the Revenue Recovery Act and that being the scope of the order, this Court do not find any infirmity.

Whether Real Estate Regulatory Authority (RERA) has jurisdiction to issue an order of recovery warrant under Section 40 of RERA, 2016 – Marg Properties Ltd. Vs. Tamil Nadu Real Estate Regulating Authority (TNRERA) and Ors. – Madras High Court Read Post »

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