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

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

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 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

Whether the provisional Letter of Allotment issued by the respondents amounts to the Agreement for Sale? – Yes!

By Dr. Sanjay Chaturvedi LLB, PhD Nikhil Chopra V/s JVPD Properties Pvt. Ltd. (CC005000000001348) Order Dated 5th April 2018 by Maha RERA Maha RERA observed “The complainant has filed this complaint under Section 18 to claim a refund of his amount from the respondents with interest. The respondents issued a letter dated

There must be Agreement for Sale to claim refund and Interest thereof u/s 18

By Dr. Sanjay Chaturvedi LLB, PhD Naim Kamaruddin Shaikh and others V/s JVPD Properties Pvt. Ltd. (CC006000000001358 & others) Oder dated 29th December 2017. The complainants have filed these complaints for getting a refund of the booking amount paid by them, as according to them the respondents have failed to deliver the

Redevelopment of Societies not subject matter of RERA

By Dr. Sanjay Chaturvedi LLB, PhD Muralidhar Mahadeo Prabhu V/s G A Builders Pvt Ltd.( CC00600000000-12265) Order dated 15th January 2018 The Complainant in his complaint has stated that he is the member of a Co-Operative Housing Society which is taken up for redevelopment by the Respondent. He alleged that the Respondent

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

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