Real Estate (Regulation and Development) Act 2016 Archives

Refund with interest and additional compensation under RERA

Case Briefs Tribunals/Commissions/Regulatory Bodies

Builder Delayed Delivery of Possession by 4-5 Years and Blamed COVID. Rajasthan RERA Says That Doesn’t Fly; Awards Additional Compensation on Top of Refund with Interest

The Authority noted that the complainant had suffered mental and physical agony, besides losing the opportunity to own a house, particularly in view of the increase in property prices.

stamp duty refund despite delayed application

Case Briefs High Courts

Bombay HC orders refund of stamp duty despite application being filed beyond 5 years limitation period

“Without the deed of cancellation, the petitioner could not have sought refund of the stamp duty, and to deny the refund of the stamp duty to the petitioner was wholly unjustified and inequitable.”

Real Estate (Regulation and Development) Act 2016

Op Eds OP. ED.

Between Statute and Shortcut: How Courts are Reining in RERA’s Expanding Jurisdiction

by Jaivardhan Goyal*

Case Briefs High Courts

Doctrine of Estoppel by Election inapplicable when Section 79 of the RERA Act clearly ousts civil courts’ jurisdiction: Calcutta High Court

Calcutta High Court opined that there was no contract between the parties due to the lack of a meeting of minds, therefore, the Specific Relief Act, 1963 cannot be invoked.

Op Eds OP. ED.

Litigating Homebuyers Relieved: Real Estate Tribunal Acts in Support

by Nirali Parekh†

Case Briefs Tribunals/Commissions/Regulatory Bodies

RERA | RERA Act, being a special law for protection of interest of consumers in real estate sector, prevails over Companies Act

Rajasthan Real Estate Regulatory Authority: A Coram of Nihal Chand Goel (Chairman) and Rakesh Jain (Member), rejected an application for staying the proceedings