False representations contained in allotment letters

By Dr. Sanjay Chaturedi, LLB, Ph.D. Mr. Ketan Gagra V/s JVPD Properties Pvt. Ltd. (CC006000000001312) Order Dated: 11th April 2018 The complainants have filed these complaints under SecfLon7,72 & 14 of the Real Estate (Regulation and Development) Act, 2015 (RERA) to claim refund of their amount from the respondents with interest The

Cheque issued under settlement under consent term, dishonoured, tantamount to Unfair Trade Practices

By Dr. Sanjay Chaturvedi LLB, Ph.D. Jalala Menanon V/s Ayyas Abdul Sayyed (CC006000000000827) Order by Full Bench dated: 13th December 2017 The Complainant alleges that she booked Row house No.1 in Cluster No.6, Spanish Residency situated at Naigaon. On the cancellation of the allotment, the Respondents were liable to refund her money.

Society dispute for redevelopment not tenable

By Dr. Sanjay Chaturvedi LLB, Ph.D. Suresh Daniel Devaral V/s United Shelters Pvt. Ltd & another (CC006000000001709) Order dated: 3rd January 2018 The Complainants in their complaint have stated that they are the members of a Co-Operative Housing Society which is taken up for redevelopment by the Builder. The Complainants alleged that

Is Purgree tenants covered under RERA?

By Sanjay Chaturvedi LLB, Ph.D. Milan Narendra Patkar V/s. Ruparel Estates India Pvt Ltd (CC005000000012120) Order dated: 22nd March 2018 The Complainant has stated that she is the tenant in respect of the office premises No. 14 in the building 'Nair Mahal' situated at Mahim, Mumbai which is being redeveloped by the

Is Society Redevelopment having jurisdiction of RERA?

By Sanjay Chaturvedi LLB, Ph.D. Himbindu Co-operative Housing Society V/s Mr. Jitendro Shankarlal Brahmbhatt (CC@6000000001577) Order dated: 5th Jan 2018 The complainant Society, through it's Secretary, has filed this complain seeking following directions from this Authority a) To register the Second Supplementary agreement doted 23rd August 2015 on payment of all dues within

Will Possession date as submitted in RERA website binding?

By Sanjay Chaturvedi LLB, Ph.D. WRIT PETITION NO. 2737 OF 2017, Bombay High Court. Judgement pronounced on 6th December 2017 Hon’ble High Court Observed in its Judgement in para 256 as:  Section 4(2)(l)(C) enables the promoter to revise the date of completion of project and hand over possession. The provisions of RERA,

Transactions before 1st May 2017 having no jurisdiction of RERA

By Dr.Sanjay Chaturvedi LLB, Ph.D. Maulik Vyas V/s Dipesh Bhagtani (CC005000000000367) Maha RERA Order dated 27th December 2017. The Complainants contend that they booked a flat no. 1001 in Bhagtani Serenity on 25ft August 2014. Since the project was extremely delayed and they were in urgent need of money, they unilaterally cancelled

Building is already occupied and therefore is not required to be registered with Maha RERA

By Dr. Sanjay Chaturvedi LLB, Ph.D. Sejal Gandhi V/s Jayant Narendra Mehta (CC006000000000615) Maha RERA Oder dated 21st September 2017. The complainant alleged that the Respondent has not registered her building Kamala Vihar CHS situated at Kandivali (West) with Maha RERA, in spite of the building not having received occupancy certificate. The

Can an Allottee complain for lack of amenities if possession taken? No!

By Dr. Sanjay Chaturvedi LLB, Ph.D. Harish Govindram Bulchandani V/s Satra Properties (India) Ltd (CC006000000000417) Order by Maha RERA dated 27th Oct 2017 The complainant stated that he has taken the possession of the apartment on 20th April 2017 but the apartment lacks many facilities that were to be provided as agreed

Open Car Parking spaces cannot be sold, allottee eligible for parking

By Dr. Sanjay Chaturvedi, LLB, Ph.D. Sanjeev Dharkar V/s M/s. Arkade Realty (CC006000000001135) Order dated 13th December 2017 The complainant, who is a resident in a completed building in the above-registered project, has filed this complaint seeking directions of Maha RERA to the respondent to allow him to park his vehicle inside