Owing to the rising number of COVID-19 cases in the state, the UPRERA has deferred the option of physical hearing of complainants.

UP RERA defers physical hearing of cases till April-end

Owing to the rising number of COVID-19 cases in the state, the Uttar Pradesh Real Estate Regulatory Authority has deferred the option of physical hearing of complainants.

It has now proposed to start physical hearing of complaints from May 1, 2021.

“It is to be noted that UP RERA in its 59th meeting on March 19, presided over by its Chairman Rajiv Kumar, had decided to provide the opportunity of physical hearing to parties concerned on their request with effect from May 1, 2021 subject to strict compliance of Covid protocol as applicable,” said a release.

For the time being, the UP RERA will continue to hear cases virtually.

UP RERA has been hearing complaints through virtual mode under the e-courts system in order to maintain social distancing norms amid the novel coronavirus pandemic.

“Further decision about offering the option of physical hearing to parties will be taken in future depending on the situation of the pandemic and directions of Central and state governments in this regard,” said the UP RERA release.

Source: https://www.dailypioneer.com/2021/state-editions/up-rera-defers-physical-hearing-of-cases-till-april-end.html

The Bihar Real Estate Regulatory Authority has taken strong action against three private developers for violating RERA norms.

Bihar RERA penalises Green Vatika Homes, Arunendra Developers & Shiba Welcome

The Bihar Real Estate Regulatory Authority (BRERA) has taken strong action against three private developers for violating RERA norms, an official said on Tuesday.

The action has been taken after more than one dozen home buyers filed written complaints with the BRERA. The official said that the real estate companies — Green Vatika Homes Pvt Ltd, Arunendra Developers Pvt Ltd and Shiba Welcome Pvt Ltd – violated RERA guidelines.

Accordingly, action has been taken against them in the last one week.

“The home buyers have filed complaints against these builders and the violation was found during the hearing. Accordingly, we have frozen the bank accounts of directors of the companies,” the official said.

“Besides, we have also asked them to submit all financial transactions, investments and expenditures of the companies after the particular project launched in Bihar. Till that time, we have stopped them from selling residential units till the next order,” the official said.

Home buyers have filed complaints against Green Vatika Homes, for instance. The company has projects named VIP Residency, Pusp Vatika, Kamal Complex, Urmila Vatika and other projects in Patna and other districts.

“We have paid 80% to 90% of our total cost of the residential flats but our builder has not completed the construction accordingly. We strongly believe that the builder has three to four projects underway and it has invested our money in other projects,” said Ravindra Kumar Sinha, a home buyer.

Bihar RERA has frozen the bank accounts of Pankaj Kumar, Chandan Kumar and Upendra Mandal, directors of Arunendra builders. The regulatory body has also banned the sale of residential units of its projects at Phulwari Sarif, Danapur-1 enclave and other parts of Bihar.

The next hearing on Green Vatika Homes and Arunendra builders is scheduled for April 16.

Similarly, Bihar RERA has frozen the bank accounts of Khalid Rashid and Amina Rashid, the directors of Shiba Welcome builders. RERA has also banned sales of the project Rajeshwar Apartment.

The hearing of Shiba Welcome Builders is scheduled on May 10.

Source: https://realty.economictimes.indiatimes.com/news/regulatory/bihar-rera-penalises-green-vatika-homes-arunendra-developers-shiba-welcome/82060175

Police booked two developers acting on a complaint of a homebuyer who has been duped on the pretext of getting the possession of his booked flat. Read the Rera update for more information.

Developers booked for cheating homebuyer and violating MahaRERA orders

SRA gives project back to developer booked for cheating buyer Vile Parle Police booked two developers acting on a complaint of a homebuyer who has been duped on the pretext of getting the possession of his booked flat. The complainant had given a demand draft of Rs 95 lakh to book the flat, but the developers have not handed over the flat to him. The MahaRERA orders stated that the developers should pay Rs 1 lakh per month for delaying possession. And, they are yet to pay a total of Rs 18 lakh as penalty.

According to the police, the complainant said, in a statement, that he had booked flat 1101 in a Vile Parle building and had paid Rs 95 lakhs as the booking amount. Even after repeated reminders to give the possession of the flat, the developers kept delaying it and the matter ended up in the MahaRERA court. The MahaRERA court had ordered the developers to pay a penalty of Rs 1 lakh to the complainant until the possession is given, which the developers allegedly failed to.

Acting on this information, the complainant approached the police and lodged a complaint of cheating, forgery and common intention against them. After valid points were observed in the complaint letter, a case was lodged against them on April 7 for violating the MahaRERA orders by not paying a total of Rs 18 lakh as penalty, as directed, for not giving the possession of the flat.

Source: https://www.freepressjournal.in/mumbai/mumbai-developers-booked-for-cheating-homebuyer-and-violating-maharera-orders

Home buyers of the Greater Noida Industrial Development Authority project Omicron 1 have mounted legal challenge against the government agency for having failed to deliver the project on time, and for demanding extra charges over and above the agreed price.

Buyers mount legal challenge against delayed Greater Noida home project

Home buyers of the Greater Noida Industrial Development Authority (GNIDA) project Omicron 1 have mounted legal challenge against the government agency for having failed to deliver the project on time, and also for demanding extra charges over and above the agreed price and against the contractual obligation that does not have any escalation clause.

One of the aggrieved buyers, Neelam Tandon, after having made several reminders to the agency, had approached the Real Estate Regulatory Authority (RERA). She was subsequently asked by the RERA Authority to take possession of the delayed project and directed the government agency to pay delayed interest from January 30, 2017 at the rate of MCLR+1 per cent till the offer of possession.

The buyer has now challenged the RERA judgment before the RERA Appellate, since Section 18 of RERA states that the buyer has a right to demand refund with interest if the project has not been delivered on time.

Disputed properties

Tandon is one of the buyers scheduled to get the possession by January-end 2017 but was offered the possession only in July, 2019. Moreover, she was also asked to pay an extra fee of more than ₹5 lakh, over and above the total cost, as agreed in the contract.

GNIDA is home to one of the most disputed property markets of the country. The government agency has the mandate of regulating the private builders and giving occupancy/completion certificates on the merits of the project. However, the agency itself has failed to complete the project on time and offer the buyers possession within the agreed time and price.

According to Tandon’s counsellor Shivam Tyagi, the GNIDA, that should ideally set the precedent of how private builders should operate, seems to be inspired by the wrongdoings of the builders in this case.

Source: https://www.thehindubusinessline.com/business-laws/buyers-mount-legal-challenge-against-delayed-greater-noida-home-project/article34239326.ece

The UP RERA will organise a National Lok Adalat online starting on April 10 to address the disputes between home buyers and developers and reduce the pending cases.

UP-Rera to hold lok adalat on April 10 to address grievances

The Uttar Pradesh Real Estate Regulatory Authority (Rera) will organise a National Lok Adalat online starting on April 10 to address the disputes between home buyers and developers and reduce the pending cases. This is the first time that a lok adalat is being organised to resolve the issues faced by the real estate sector.

Officials of the UP Rera will hold the lok adalats online from the Lucknow and Greater Noida offices on April 10, July 10, September 11 and December 11.

According to UP Rera officials, there are around 6,500 pending cases. Around 70% of these cases are from Noida, Greater Noida, Yamuna Expressway and Ghaziabad areas while the remaining are from Lucknow.

Issues like parking space, flat size, flat cost escalation, interest waiver and refund of investment among other issues would be sorted out at the lok adalats, said the officials.

The UP state legal service authority had asked Rera to hold the lok adalats following directions from the National Legal Service Authority headed by the Chief justice of the Supreme Court.

“The homebuyers can file an application on the UP Rera’s portal and get their cases settled. The National Lok Adalat is an effort to provide speedy justice to home buyers. If this initiative runs smoothly, we can organise lok adalats next year too. We want to know how beneficial this exercise is going to be for consumers,” said Anand Shukla, legal advisor to UP Rera and nodal officer of the lok adalat.

The complaints filed under sections 31 and 63 of Rera Act and the cases where a settlement is possible on the basis of reconciliation agreement will be taken up for hearing in the lok adalats.

“Through the lok adalats, homebuyers will get a transparent amicable settlement and speedy disposal of their cases,” said Rajesh Kumar Tyagi, secretary of UP Rera.

The UP Rera will send the link for online hearing of the cases to the complainant buyer and the realtor before the first lok adalat on April 10.

“We hope realtors will take this initiative seriously, join the lok adalat and solve the issues being faced by the home buyers,” said Abhishek Kumar, president of Noida Extension flat owners’ welfare association.

The Confederation of Real Estate Developers Association of India (Credai) is hopeful of the lok adalats leaving a positive impact. “The cases pending before Rera should be solved via mutual agreement. Realtors should use this opportunity and solve disputes as it will help boost the real estate sector,” said Prashant Tiwari, president of Western UP’s wing of Credai.

Source: https://www.hindustantimes.com/cities/noida-news/uprera-to-hold-lok-adalat-on-april-10-to-address-grievances-101616780429847.html

UP-RERA has imposed penalties upon Supertech, Mahagun India, Ansal Properties and Infrastructure, Logix Infrastructure, among others for the non-compliance of the orders of the authority.

UP-RERA penalises Supertech, Mahagun others, revokes Ansal API project registration

The Uttar Pradesh Real Estate Regulatory Authority (UP-RERA) has imposed penalties under Sec-63 of RERA upon Supertech, Mahagun India, Ansal Properties and Infrastructure, Logix Infrastructure, among others for the non-compliance of the orders of the authority.

Penalties worth a total of Rs 1.24 crore have been levied. Other builders’ name include Nivas Promoters, Sare Saamag Realty, Newtech Promoters and Developers, T.G.B. Realty, I.V.R. Prime Developers, La Residentia Developers and Logix City Developers.

The authority has directed these promoters to ensure compliance of its orders and deposit the amount of penalty within a month, failing which the amount of penalty shall be recovered as arrears of land revenue.

UP-RERA also revoked registration of Ansal API, Pocket 4, Sector-O, Sushant Golf City project of Ansal API. The authority had issued a show-cause notice to the promoter revocation of registration of its project in May 2019 on the grounds of violation of the terms and conditions of the registration.

The authority, after considering the reply of the promoter had kept the final decision on the show-cause notice on hold for a period of four months subject to the compliance of all the nine conditions specified in the above mentioned order. The promoter did not comply with the order and hence the authority vide its notice dated September 5, 2020, directed the promoter to submit the compliance report of its order.

The authority after considering the reply of the promoter Ansal API dated October 14, 2020 and its oral submissions, decided to revoke the registration of this project with immediate effect for the reasons of following glaring irregularities:

  • Irregularities committed in the sale of units under the project
  • The money was collected from the allottees without first obtaining a sanctioned map of the project which is proof of a fraudulent trading practice.
  • No work has been done by the promoter over the previous 9 years, that is since the year 2011.
  • The promoter has diverted an amount of Rs. 16.03 crore collected from the allottees of the project.
  • Necessary compliances including the QPR of the project were not done on the website of the Authority.
  • The promoter has not complied with the orders passed by the benches of the Authority on the complaints of the allottees.

The authority has also barred the promoter from accessing the registration page of the project on the website of the Authority has frozen the escrow account of the project in HDFC Bank, Hazratganj and has constituted a project monitoring and advisory committee under Bhanu Pratap Singh, member, UP-RERA for facilitating the remaining work of the project as per section 8 of RERA.

UP-RERA has taken this step for effective protection of the interests of the homebuyers and ensure compliance of the provisions of RERA Act. This is the 3rd project of Ansal API whose registration has been revoked by the authority.

Source: https://realty.economictimes.indiatimes.com/news/regulatory/up-rera-penalises-supertech-mahagun-others-revokes-ansal-api-project-registration/81590519

The Bombay High Court on Wednesday directed the Maharashtra government to file an affidavit on the status of constituting a cell to monitor and prevent illegal construction.

HC asks Maharashtra govt about status of monitoring cell for illegal construction

The Bombay High Court on Wednesday directed the Maharashtra government to file an affidavit on the status of constituting a cell to monitor and prevent illegal construction across the Mumbai Metropolitan Region (MMR). The court also directed the commissioners of Brihanmumbai Municipal Corporation (BMC) and other civic bodies in the MMR to personally explain why laws pertaining to illegal constructions were not being implemented.

In 2018, the High Court had passed a detailed order on taking action against illegal structures in the city and had directed the BMC to constitute a supervisory cell dedicated to monitoring such construction, taking punitive and preventive action, etc.

A bench of Chief Justice Dipankar Datta and Justice G S Kulkarni on Wednesday noted that the civic body had failed to constitute such a cell and to implement several other directions passed in the 2018 order.

The bench said the city and the entire MMR had witnessed rampant illegal construction through the years.

Instances of illegal construction had not stopped even during the lockdown imposed in view of the COVID 19 pandemic, the court said, adding that the picture would have been different if the supervisory cell had been constituted.

There was no “will” on the state’s part, the court said.

“The commissioners must be held accountable for not ensuring that the laws are enforced,” it said.

These observations were made when the bench was hearing suo-motu proceedings against dilapidated buildings and illegal structures taken up after one such building collapsed in Bhiwandi on September 23, 2020.

Earlier this year, during a hearing in the matter, the High Court had directed the BMC and the civic bodies of Thane, Navi Mumbai, Kalyan-Dombivli, Vasai-Virar, Mira-Bhayandar, Ulhasnagar and Bhiwandi-Nizampur to furnish details of punitive action taken against illegal structures in areas under their respective jurisdiction.

The court on Wednesday directed all these civic bodies to file fresh affidavits with the exact number of illegal structures under their jurisdiction.

It also suggested that the BMC come up with a separate policy for illegal commercial premises.

No one must be permitted to earn profits from such structures and that illegal commercial structures must be the first to be razed, the court said.

Source: https://realty.economictimes.indiatimes.com/news/regulatory/hc-asks-maharashtra-govt-about-status-of-monitoring-cell-for-illegal-construction/81451112

The RERA Karnataka has made public a list of 32 projects across the state which have violated guidelines laid by it when releasing advertisements.

RERA cracks the whip on real estate promoters over advertisements

The Real Estate Regulatory Authority-Karnataka (RERA-K) has made public a list of 32 projects across the state which have violated guidelines laid by it when releasing advertisements. All projects in the state need to mandatorily register under RERA and this number should figure in every advertisement by the promoter under Section 11 of the Act.

The 32 projects that have been listed on the RERA portal for violations are — Devagiri Emaralds, Golden Springs, Century Greens, Century Greens Phase-2, Sangam Grand, JR Habitat, Elmwood Phase-2, Aastha Properties Phase-3, Chaitanya Samarth, Century Ethos, and Centreo. RERA Secretary K S Lathakumari said, “Promoters have the responsibility of notifying the RERA registration number.

Those who have not done so, should realise this and also educate home buyers in this regard.” Under Section 11 (2) of the Act, “The advertisement or prospectus issued or published by the promoter shall mention prominently the website address of the Authority, wherein all details of the registered project have been entered and include the registration number obtained from the Authority and such other matters incidental thereto.”

M S Shankar, General Secretary, Forum for People’s Collective Efforts, told The New Indian Express, “We welcome the maiden initiatives of K-Rera which has started to analyse the advertisements of projects and issuing notices to those violating the advertisement norms per RERA Act. This kind of action will go a long way in helping home buyers from misleading advertisements.”

Source: https://www.newindianexpress.com/states/karnataka/2021/mar/01/rera-cracks-the-whip-on-real-estate-promoters-over-adverts-2270296.html

Finally, the Housing and Urban Development Department has started an exercise for the appointment of Chairperson and two Members of the Authority by inviting applications from the eligible persons.

Finally, Govt sets into motion exercise for setting up of RERA

The dilly-dallying approach in the establishment of Real Estate Regulatory Authority (RERA) in the Union Territory of Jammu and Kashmir has finally come to an end with Housing and Urban Development Department setting into motion an exercise for the appointment of Chairperson and two Members and formal orders are likely to be issued by the end of next month.

The Parliament in the month of March 2016 had enacted the Real Estate (Regulation and Development) Act for regulation and promotion of real estate sector and to ensure sale of real estate projects in an efficient and transparent manner and to protect the interest of consumers.

The Section 84(1) of the Act confers powers on the Governments of States and Union Territories to frame Rules to carry out the implementation of law. In exercise of this power, the Government of Union Territory of Jammu and Kashmir framed J&K Real Estate (Regulation and Development) Rules, 2020 and the same were notified by the Housing and Urban Development Department on July 22, 2020.

However, no immediate steps were initiated for establishment of Real Estate Regulatory Authority and the dilly-dallying approach was highlighted by EXCELSIOR in its edition dated December 3, 2020. It was revealed that implementation of Central Law could not begin even several months after the framing of Rules in the absence of Real Estate Regulatory Authority.

Finally, the Housing and Urban Development Department has started an exercise for the appointment of Chairperson and two Members of the Authority by inviting applications from the eligible persons. All these applications will be placed before a Selection Committee consisting of the Chief Justice of the High Court or his nominee, the Secretary of the Housing and Urban Development Department and Secretary of Department of Law, Justice and Parliamentary Affairs strictly as per Section 22 of the Real Estate (Regulation and Development) Act, 2016.

It is pertinent to mention here that a person having adequate knowledge of and professional experience of at least 20 years in urban development, housing, real estate development, infrastructure, economics etc is eligible for the pose of Chairperson while as for the posts of Members 15 years experience has been fixed and eligibility criteria is same.

Moreover, a person who is or has been in the service of the Government shall not be appointed as Chairperson unless such person has held the post of Additional Secretary in the Central Government or any equivalent post in the Central Government or State Government.

Sources disclosed that entire exercise vis-à-vis setting up of Real Estate Regulatory Authority by appointing Chairperson and Members will be completed by the end of next month so as to ensure that fast expanding real estate sector in the Union Territory of Jammu and Kashmir is regulated in a transparent manner.

“The Authority will have the powers to direct the promoter, allottee or real estate agent to furnish in writing information or explanation and requisition any public record or document or copy of such record from any office”, sources said, adding “after the establishment of Authority, the Government will initiate steps to set up Real Estate Appellate Tribunal so that any person aggrieved by any direction or decision or order made by the Authority may prefer an appeal before the Appellate Tribunal”.

They further said, “there is also a provision in the Act that until the establishment of an Appellate Tribunal, the Government may designate by order any Appellate Tribunal functioning under any law for the time being in force, to be the Appellate Tribunal to hear appeals under the Act”.

It is pertinent to mention here that since real estate sector is growing fast in the length and breadth of Union Territory of Jammu and Kashmir there is a dire need for regulating in most transparent manner. Everybody-promoter, allottee and real estate agent have been covered under the Act and Rules so that the sector is regulated properly.

Source: https://www.dailyexcelsior.com/finally-govt-sets-into-motion-exercise-for-setting-up-of-rera/

The Real estate Regulatory Authority of Himachal Pradesh ordered to recover the entire amount paid by the complaints from developers and builders in violation of the norms. Read the RERA update to know more.

HP RERA orders builders to refund dues with interest

The Real Estate Regulatory Authority of Himachal Pradesh on Wednesday ordered to recover the entire amount paid by the complaints from the developers and builders in violation of the norms, deciding dozens of complaints pending before the authority here.

The authority had received 14 different complaints against Rajdeep and Company Infra Pvt Ltd and others.

Out of 14 complaints received against the above promoters and developers, 12 complaints have been decided in favour of allottees and two other complaints were pending for hearing in respect of the project named as Himalaya Residency, located at Bharari in Shimla.

Source: http://www.uniindia.com/hp-rera-orders-builders-to-refund-dues-with-interest/north/news/2321605.html