CH-V_VII Establishment of RERA and REAT

Section 2(za)(ii) of RERA, 2016 does not restrict or provide that interest is payable only after the commencement of the Real Estate (Regulation & Development) Act, 2016 – Habitech Infrastructure Ltd. Vs. State of U.P. and 2 Ors. – Allahabad High Court

Section 2 (za) (ii) does not restrict or provide that interest is payable only after the commencement of the Act, and it takes care of the fact that once the allottee had made deposit with the promoter he is liable to pay the interest from the date of deposit of the entire amount or part of the amount. Similarly on the reading of Section 71 it is crystal clear that Adjudicating Officer has been adorned with the power of adjudicating compensation only under Sections 12, 14, 18 and 19 of the Act and not in regard to the refund of the amount or grant of interest on the amount deposited by the allottee with the promoter. Thus, power of refund of amount alongwith interest which has been provided under Section 18, with the authority was rightly exercised by it in the interest of justice.

Section 2(za)(ii) of RERA, 2016 does not restrict or provide that interest is payable only after the commencement of the Real Estate (Regulation & Development) Act, 2016 – Habitech Infrastructure Ltd. Vs. State of U.P. and 2 Ors. – Allahabad High Court Read Post »

Whether a sole member of the Maharashtra Real Estate Appellate Tribunal can decide any appeal or application for condonation of delay or any application contemplated under the provisions of Real Estate (Regulation and Development) Act, 2016 or the same has to be heard and can be disposed of only by the Bench comprising of two members including one judicial member ? – Larsen and Toubro Ltd. Vs. Ms. Rekha Sinha – Bombay High Court

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Whether a sole member of the Maharashtra Real Estate Appellate Tribunal can decide any appeal or application for condonation of delay or any application contemplated under the provisions of Real Estate (Regulation and Development) Act, 2016 or the same has to be heard and can be disposed of only by the Bench comprising of two members including one judicial member ? – Larsen and Toubro Ltd. Vs. Ms. Rekha Sinha – Bombay High Court Read Post »

Whether REAT while passing an order in terms of the proviso to Section 43(5) of RERA has any discretion to allow the deposit of a lesser portion of the total amount to be paid to the allottee including interest and compensation imposed on him or the entire amount – Radicon Infrastructure and Housing Pvt. Ltd. Vs. Karan Dhyani – Allahabad High Court

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Whether REAT while passing an order in terms of the proviso to Section 43(5) of RERA has any discretion to allow the deposit of a lesser portion of the total amount to be paid to the allottee including interest and compensation imposed on him or the entire amount – Radicon Infrastructure and Housing Pvt. Ltd. Vs. Karan Dhyani – Allahabad High Court Read Post »

Section 53 of RERA does not empower the tribunal to exercise all the powers, which are available to the Civil Court – Rohan Developers Pvt. Ltd. Vs. Dr. Rajesh Sonebapu Mundhe and Ors. – Bombay High Court

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Section 53 of RERA does not empower the tribunal to exercise all the powers, which are available to the Civil Court – Rohan Developers Pvt. Ltd. Vs. Dr. Rajesh Sonebapu Mundhe and Ors. – Bombay High Court Read Post »

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