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Archives for Rera

Hon’ble Delhi High Court in an important ruling held that home buyer can approach both Consumer Court

Hon’ble Delhi High Court in an important ruling held that home buyer can approach both Consumer Court and RERA. Justice Prateek Jalan, in the process, dismissed a batch of in the process, dismissed a batch of petitions filed by sixty two builders and developers across NCR who had sought relief contesting that one a home buyer moved RERA, teh case pending earlier against them before the consumer commission couldn’t be heard and needed to be withdrawn.However, Hon’ble Delhi High Court rejected the argument and upheld a verdict of NCDRC which said that the remedies provided under Consumer Protection Act and RERA ae concurrentand the jurisdiction of the forums / commissions under Consumer Protection Act was not ousted by RERA.

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In a recent move 600 Amrapali homebuyers have approached Hon’le Supreme Court

In a recent move 600 Amrapali homebuyers have approached Hon’le Supreme Court contending that the flats are ready and direction be given to the Noida and Greater Noida for providing completion and occupation certificates. The authorities have already created a special cell to give clearances to those flats and it is likely that buyers will soon get possession of their flats. The list includes 2,128 buyers from Amrapali’s Silicon City, 1,189 buyers from Zodiac project, 1,090 from Princely Estate, 999 from Sapphire, 249 from Leisure Valley Villa and 201 from Eden Park.

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Haryana RERA ORDERED EMAAR MGF LAND TO PAY DELAY POSSESSION CHARGES:

Haryana RERA ORDERED EMAAR MGF LAND TO PAY DELAY POSSESSION CHARGES:

The Haryana Real Estate Regulatory Authority (H-RERA) has ordered EMAAR MGF Land to pay delay possession charges at the rate of 10.60 percent per annum from the submitted date of possession to the real date of conveyance of the property. EMAAR MGF has to pay delay possession charges within 90 days of receipt of the order or date of upload of the order on the H-RERA website.

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UPRERA ORDER THAT IF AUTHORITIES DELAY IN ISSUANCE OF OCCUPANCY CERTIFICATE BEYOND A STIPULATED PERIOD THEN UPRERA WILL CONSIDER IT AS DEEMED APPROVED

UPRERA ORDER THAT IF AUTHORITIES DELAY IN ISSUANCE OF OCCUPANCY CERTIFICATE BEYOND A STIPULATED PERIOD THEN UPRERA WILL CONSIDER IT AS DEEMED APPROVED:

In the order issued on Monday that is 16th September, 2019 , UP-Rera secretary Abrar Ahmed said that as per section 11(4)b of the RERA Act, the promoter shall be responsible to obtain the completion certificate or occupancy certificate or both as applicable from the competent authority, as per local laws.

Under Uttar Pradesh Urban Planning & Development Act , a developer will complete the development according to the approved plan and send a notice of completion to the authority concerned and obtain a completion certificate from it.

Further, the Act provides that if the completion certificate is not granted and refusal to grant it is not intimated within three months on receipt of notice of completion, it shall be deemed that the completion certificate has been granted by the authority.

It has been decided that if the promoter has developed proper infrastructure for electricity, water, sewerage, and other internal infrastructure, including roads, and has procured the electrical safety certificate, the fire safety certificate, structural engineer’s certificate and lifts installation and safety certificate, and submitted all these certificates with the completion certificate application and if in the next seven days, the application is not rejected, then after this period, UP-Rera will treat it as deemed approval.

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GOVERNMENT PLANNING TO BRING SMALL BUILDERS UNDER RERA HAS CREATED UPROAR AMONG SMALL BUILDERS

GOVERNMENT PLANNING TO BRING SMALL BUILDERS UNDER RERA HAS CREATED UPROAR AMONG SMALL BUILDERS: The Rajasthan Government is planning to amend the Rajasthan Real Estate (Regulation and Development) Act 2016 to bring small builders under its ambit. The government is planning to lower the threshold limit from 500 500 square metre to 250 square metre and from eight units to four units. The small builders has threaten government to stage massive protest against the decision.

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ACTION AGAINST AURA CHIMERA

ACTION AGAINST AURA CHIMERA:

Ghaziabad Development Authority has decide to take action against builder of the society Aura Chimera situated in Ghaziabad, Uttar Pradesh against deplorable condition of civic amenities. After residents of the society complained to the district administration, the officials of the GDA visited the society and found that the condition is very poor. The GDA has decided to issue notice to the builder and simultaneously will also take up the matter with UP Real Estate Regulation Authority.

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16 PROJECTS SITUATED IN SHAHBERI, GREATER NOIDA IS DE-REGISTERED BY UPRERA

16 PROJECTS SITUATED IN SHAHBERI, GREATER NOIDA IS DE-REGISTERED BY UPRERA:

On the order of the Shri Yogi Adityanath, Chief Minister, Uttar Pradesh to fix accountability of Shahberi builders. In June 2019 the GNIDA conducted survey in Shahberi village and found that 1453 apartment projects were illegally constructed on Shahberi land. Out of such big number of apartment projects 16 builders approached UPRERA for registration of their project. Since later it was realised that Shahberi is not a planned area and RERA cannot register the project situated in such area, therefore now decision is taken by UPRERA to de-register all 16 projects and the same is intimated to GNIDA. After the area was declared illegal, gangster act has been invoked by the administration against fraudulent builders. So far, 71 FIRs have been lodged against rogue builders over illegal constructions in Shahberi and nearby areas.

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UPRERA HAS DECIDED TO SELL UNSOLD UNITS OF DEFAULTING BUILDERS FOR PAYING REFUND TO THE BUYERS

UPRERA HAS DECIDED TO SELL UNSOLD UNITS OF DEFAULTING BUILDERS FOR PAYING REFUND TO THE BUYERS:

In an unprecedented move UPRERA has decided to sell the unsold units of defaulting builders who are not honoring the recovery notes issued by the UPRERA. UPRERA has taken this decision after realising that the cash strapped builders whose projects are unreasonably delayed are not returning money to the buyers who do not want to remain with the project. UPRERA will soon float a portal for the global e-auction of unsold properties of cash-strapped builders who have been issued recovery notes. The buyers have welcomed this step of UPRERA which one of its kind and taken first time and will certainly benefit home buyers.

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SUPERTECH MOVES UPRERA AGAINST HOMEBUYERS

SUPERTECH MOVES UPRERA AGAINST HOMEBUYERS:

Supertech moves Uttar Pradesh Real Estate Regulatoru Authority against homeuyers for nor taking delivery of their flats. This is a first complaint of its kind. Supertedh has made complaint against 45 buyers of Capetown, Eco Village I & Eco Village III. UPRERA acting on teh complaint gives 25 buyers out of 45 buyers forty five days time to settle the final dues, otherwise they could loose their flats. In the past the RERA has taken action against defaulting builders but this id first time that orders were issued against homebuyers.

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UPRERA ISSUED SHOW CAUSE NOTICE TO 22 BUILDERS FOR NOT GIVING POSSESSION EVEN AFTER UPRERA ORDER

UPRERA ISSUED SHOW CAUSE NOTICE TO 22 BUILDERS FOR NOT GIVING POSSESSION EVEN AFTER UPRERA ORDER:

Uttar Pradesh Real Estate Regulatory Authority has pointed out 397 projects which are not giving possession of flats even after order of UPRERA and also issued show cause notice to these builders. Out of them UPRERA has called 22 Builders on 23rd October 2019 in RERA office. If no satisfactory reply is received for the issued notice then RERA will impose 5% penalty on teh total cost of the project. In these builders Ghaziabad Development Authority and Greater Noida Development Authority are also included. UPRERA has taken this decision after receiving complaint from homebuyers. As during the proceedings teh builder agree to give possession within 45 days of passing the order by way of affidavit but thereafter deny to give possession.

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