Oral promise of possession under RERA Act tenable?

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

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

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

Whether the Arbitration Agreement will oust the jurisdiction of Maha RERA and whether the complaint filed by a co-purchaser is maintainable?

By Dr. Sanjay Chaturvedi, LLB, Ph.D. Ganesh Lonkar V/s D.S. Kulkarni Developers Ltd. (CC005000000000317) Order Dated: 26th December 2017. The Complainant contends that he and his wife booked a flat no. 4-602 in DSK Mayurban, situated at Pune and the respondents promised to give its possession on or before 30th June 2017.

Section 88: The complainant wants to withdraw from the project and claims his amount with interest and compensation

By Dr. Sanjay Chaturvedi, LLB, Ph.D. Mr.Kutbuddinllussscinbhai Lokhanclwala V/s Reliance Enterprises (CC006000000001634) Order dated: 4th April 2018 The complainant has filed this complaint u/s. 18 of Real Estate Regulation and Development, Act 2016 (RERA). He contends that he and his wife booked Apartment. This apartment is in the sale component of the

Reason beyond the control of Promoter, due to which the completion of the project has got delayed, not maintainable

Are Commercial units covered under RERA? By Dr. Sanjay Chaturvedi, LLB, Ph.D. Hitesh Parthviraj Mehta V/s Point Developers Pvt. Ltd (CC006000000001226) Order dated: 8th January 2018 The Complainant has purchased a commercial unit bearing no. 5 in the respondent s project 'Business point' located at Chembur, Mumbai through an agreement for sale dated

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

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

Time line for refund/pay interest as per order

By Dr. Sanjay Chaturvedi, LLB, Ph.D. Aashish Gurav V/s Kailas Patil (CC006000000000382) Order dated 3rd April 2018 U/s 63 The complainants have submitted their applications contending therein that orders have been passed in their complaints directing the respondent to pay them monthly simple interest on their amount from the date of respondent's

Ex Parte Order when Respondent not present

By Dr. Sanjay Chaturvedi LLB, Ph.D. Aashish Gurav V/s Kailas Patil (CC006000000000382) Order dated: 5th Oct 2017 The respondent executed the agreement of sale of the said flat on 13.05.2011 and agreed to give the possession of the said flat within 18 months from the date of the agreement. Respondent has failed

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

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

Will change in carpet area or possession date attract Section 12?

By Dr. Sanjay Chaturvedi LLB, Ph.D. Vaibhav Singh V/s Radius & Deserve Builders LLP (CC006000000001159) Order dated: 7th March 2018 The complainant claims his amount with interest and/or compensation under Section 12 of The Real Estate (Development and Regulation) Act, 2016 from the respondents as the respondents changed the date of the