Interpretation of proviso to Section 43 (5)

Treatment of pre-deposit under Section 43(5) of Real Estate (Regulation and Development) Act, 2016 in case Promoter’s appeal is dismissed as withdrawn on settlement between Allottees and Promotors | Recovery of balance pre-deposit in case of appeal dismissed – Greater Noida Industrial Development Authority (Greater NOIDA) Vs. Sachin Verma – Uttar Pradesh REAT

In this important judgment, Hon’ble Bench of Uttar Pradesh REAT held that:

(i) It is the duty of the Tribunal to arrange to transfer the pre-deposited money to the concerned allottee/consumer in case the promoter’s appeal is dismissed.
(ii) However, since the promoter might not have paid the full payable amount or there being a prospect of some amount having already been recovered from the promoter under execution proceedings at the level of the Authority or AO, it is just and lawful that the Tribunal transfers the amount to the Authority for transferring the same to the allottee/consumer after due diligence at its end and to recover any additional amount which could be due to be paid by the promoter; or return to the promoter any amount that could be in excess of the entitlement of the allottee/consumer.

Treatment of pre-deposit under Section 43(5) of Real Estate (Regulation and Development) Act, 2016 in case Promoter’s appeal is dismissed as withdrawn on settlement between Allottees and Promotors | Recovery of balance pre-deposit in case of appeal dismissed – Greater Noida Industrial Development Authority (Greater NOIDA) Vs. Sachin Verma – Uttar Pradesh REAT Read Post »

There is no provision under the RERA Act which gives a discretion to REAT to waive off the provisions of Section 43(5) of Real Estate (Regulation & Development) Act, 2016, if a promoter files an appeal – Attractive Nirman Pvt. Ltd. Vs. Prashant Singh – UP REAT

Hon’ble Uttar Pradesh REAT held that Section 43 of RERA has been promulgated with a view to safeguard the interests of the real estate buyers, and at the same time to avoid unnecessary appeals being filed by the Promoters against the directions or decisions or orders made by the Regulatory Authority or by an Adjudicating Officer. The buyers of the real estate, as well as the Association of Allottees and the lawfully registered voluntary consumer associations have been exempted from any pre-deposit, while filing an appeal in the Tribunal. The legislative intent is quite clear that where a promoter files an appeal it has to first deposit the statutory amount with the Tribunal before the said appeal is entertained or heard.

The Act has provided a statutory requirement for the promoter to first deposit the laid down amount with the Tribunal based on the directions of the Regulatory Authority, before the said appeal is entertained or heard by the Tribunal. Further, there is no provision under the Act which gives a discretion to the Tribunal to waive off the provisions of Section 43(5) of the Act, if a promoter files an appeal.

There is no provision under the RERA Act which gives a discretion to REAT to waive off the provisions of Section 43(5) of Real Estate (Regulation & Development) Act, 2016, if a promoter files an appeal – Attractive Nirman Pvt. Ltd. Vs. Prashant Singh – UP REAT Read Post »

Whether the Appellants can be directed to deposit the amount of interest as a pre-condition for entertainment of Appeals before the Appellate Tribunal when the liability of the Appellant to pay such interest is not in praesenti but in future? – Balaji Construction Company Vs. Anjusha Ajit Kadam and Ors. – Bombay High Court

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Whether the Appellants can be directed to deposit the amount of interest as a pre-condition for entertainment of Appeals before the Appellate Tribunal when the liability of the Appellant to pay such interest is not in praesenti but in future? – Balaji Construction Company Vs. Anjusha Ajit Kadam and Ors. – 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 »

If Appellate Tribunal (REAT) considers that in a given set of factual circumstances of an Appeal, an amount higher than 30% is required to be deposited under Section 43(5) of RERA, the Appellate Tribunal will have to “determine” – Air Force Naval Housing Board Vs. Shri Sanjay Negi – Uttarakhand High Court

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If Appellate Tribunal (REAT) considers that in a given set of factual circumstances of an Appeal, an amount higher than 30% is required to be deposited under Section 43(5) of RERA, the Appellate Tribunal will have to “determine” – Air Force Naval Housing Board Vs. Shri Sanjay Negi – Uttarakhand 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 »

Whether the provision of Section 43(5) of Real Estate (Regulation and Development) Act, 2016 (RERA) is ultra vires – Hi Tech Edifice Pvt. Ltd. Vs. Union of India and Ors. – Bombay High Court

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Whether the provision of Section 43(5) of Real Estate (Regulation and Development) Act, 2016 (RERA) is ultra vires – Hi Tech Edifice Pvt. Ltd. Vs. Union of India and Ors. – Bombay High Court Read Post »

Conditions on which REAT orders for excess pre-deposit amount over 30% under Section 43(5) of Real Estate (Regulation & Development) Act, 2016 (RERA)? – Air Force Naval Housing Board Air Force Station Vs. U.P. Real Estate Regulatory Authority and Anr. – Allahabad High Court

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Conditions on which REAT orders for excess pre-deposit amount over 30% under Section 43(5) of Real Estate (Regulation & Development) Act, 2016 (RERA)? – Air Force Naval Housing Board Air Force Station Vs. U.P. Real Estate Regulatory Authority and Anr. – Allahabad High Court Read Post »

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