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

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