: Maha RERA Observed

Oral promise of possession under RERA Act tenable?

by Staff Reporter -

Whether a promoter is required to enclose commencement certificate obtained from the competent authority while submitting an application for registration of his project as per Section 4(2)(c) of Real Estate (Regulation and Development) Act, 2016? By Dr. Sanjay Chaturvedi, LLB, Ph.D. Umesh Magar and other various complainants V/s Kul Developers Pl't. Ltd

Agreement for Sale was executed in MOFA hence no jurisdiction of RERA?

by Staff Reporter -

By Dr. Sanjay Chaturvedi LLB, Ph.D. Avinash Saraf, Neha Duggar Saraf V/s. Runwal Homes Pvt. Ltd (CC006000000000032) Order dated 13th Oct 2017 The Complainants contend that they have paid 97% of total consideration of the said flat. The respondent has specified in the agreement of sale that the possession of the flat

Is Society Redevelopment having jurisdiction of RERA?

by Staff Reporter -

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

Whether fully constructed building without constructing common areas and without providing agreed amenities but occupied by all flat purchasers without occupancy/completion certificate as on the date of commencement of RERA, amounts to ongoing project? Yes!

by Staff Reporter -

By Dr. Sanjay Chaturvedi LLB, Ph.D. Parag Pratap Mantri V/s Green Space Developers (CC0050m000000136) Order dated 5th February 2018 by Maha RERA The complainant alleges that though the respondents have not received completion certificate of E-wing/ building, they have not registered the same with Maha RERA and thereby they contravened Section 3

Will Arbitration Agreement come under RERA? Co-purchaser also Allotee?

by Staff Reporter -

By Sanjay Chaturvedi LLB, PhD Mr. Ganesh Lonkar V/s D.S. Kulkarni Developers Ltd. (CC005000000000317) Order 26th December 2017 Whether the Arbitration Agreement will oust the jurisdiction of Maha RERA and whether the complaint filed by a co-purchaser is maintainable?, are the important legal issues involved in this complaint filed under section 18

20:80 Subvention Scheme covered under Section 18 if Agreement for Sale is Executed

by Staff Reporter -

By Dr. Sanjay Chaturvedi, LLB, Ph.D. Naman Agarwal & Others V/s Reliance Enterprises and Dewan Housing Finance Ltd (CC006000000001788) Order dated: 28th March 2018 The complainants have filed this complaint u/s. 18 of Real Estate Regulation and Development, Act 2016 (RERA). They contend that they booked Apartment No. 904, A-Wing of Respondent

Registered Agreement for sale good enough for refund if possession not given as mentioned in Agreement

by Staff Reporter -

A promoter cannot hide behind excuses of litigations because of his own wrongdoing. By Dr. Sanjay Chaturvedi, LLB, Ph.D. Ajit Rasiklal Sanghvi V/s Shree Ram Urban Infrastructure Ltd (CC005000000001502) Order dated: 16th March 2018 The complainants have filed this complaint to get refund of their amount with interest and/or compensation paid by them