RERA Does Not Bar Consumer Fora From Entertaining Complaints By Allottee, Reiterates Supreme Court

The Supreme Court has reiterated that Section 79 of the RERA Act does not bar the Consumer fora from entertaining complaint on behalf of an allottee.In this case, the issue before the Delhi High Court was whether the proceedings under the Consumer Protection Act, 1986 can be commenced by home buyers (or allottees of properties in proposed real estate development projects) against developers, after the commencement of the Real Estate (Development and Regulation) Act, 2016. The High Court...

Entitlement Of Homebuyer Starts From Date Of Agreement And Not RERA Registration: Supreme Court [Read Judgment]

The Supreme Court has held that period for allotment of flat to a homebuyer has to be reckoned from the date of the buyer agreement and not from the date of the registration of the project under the Real Estate Regulation and Development Act (RERA Act).A division bench comprising Justices UU Lalit and Vineet Saran made this observation in the judgment in the case M/s Imperia Structures Ltd vs Anil Patni and another.The Builder Buyer Agreement in the case was executed on November 30, 2013. The...

SC Tells Bombay HC To Decide Pleas On RERA Expeditiously, Other HCs Asked To Wait For The Decision

The Supreme Court on Monday directed the Bombay High Court to expeditiously decide all pleas and petitions challenging the validity of the new Real Estate (Regulation and Development) Act.The bench of Justice Arun Mishra and Justice MM Shantanagoudar directed other high courts where similar pleas against the legislation have been filed to wait for the Bombay High Court’s decision in the matter.The bench was hearing the Centre’s application seeking transfer of all RERA-related matters from...

SC Agrees To Hear Centre's Plea To Transfer All Petitions Challenging RERA To SC

The Supreme Court has decided to hear on Monday the Centre's plea for transfer of  cases , challenging the validity of the RERA, pending in various high courts to the Apex court.The Real Estate (Regulation and Development) Act , 2016 came into force from May 1 this year. However the validity of the Act has been challenged in various high courts by the builders and promoters.Appearing for the central government Additional Solicitor General (ASG) Maninder Singh mentioned before the bench headed by...