Homebuyer challenges DLF flat’s carpet area; seeks independent verification: Haryana REAT allows expert measurement
“There is a substance in the application. Thus, we intend to allow the same.”
RERA Act
Forensic Audit of Project Accounts Permissible During CIRP; Rajasthan RERA Holds Section 14 IBC No Bar to Regulatory Inquiry
With expenditure claimed at 75—77% of project cost against actual physical progress of only 48.13%, the Authority ordered a limited forensic audit of the Avalon Royal Park project, distinguishing the RERA audit from IBC insolvency audit provisions and holding that the two frameworks can operate harmoniously without conflict.
OREAT upholds denial of welfare society’s complaint regarding builder’s violation of RERA Act; Cites non-applicability of Act to projects completed before commencement
OREAT held that completion certificates issued by registered architects or engineers as permitted by BDA as per Section 20 of the ODA Act in respect of projects completed prior to the commencement of the RERA Act would not be invalid as that would render all the projects in Odisha, which have received completion certificates from the registered architects or engineers in the pre-RERA period, ongoing, on the date of commencement of the RERA Act and consequently require their registration.
No bar to invoke arbitration even if alternative remedy available under RERA Act: Gauhati High Court
There is nothing to show that there is any inconsistency or repugnancy between the provisions of the Real Estate (Regulation and Development) Act, 2016 and arbitration as an alternative. The parties have agreed to arbitration clause provided in contract agreement for settlement of disputes including the issue raised by petitioners.
Single Real Estate Allottee cannot trigger Insolvency Proceedings under Section 7 of IBC: NCLAT
The underlying claim of an aggrieved party, such as an allottee, is crystallized in the form of a court order or decree, and this does not alter or disturb their status as financial creditors.
Civil Courts' jurisdiction not barred if RERA Act and Rules cannot give relief to homebuyers: Saket District Court
As there is no provision in the RERA Act giving authority to the RERA Tribunal to deal with the subject matter of the suit, the jurisdiction of this Court cannot be said to be barred in the situation where the plaintiff requested for canceling the allotment.
Ori HC | Default in Flat Buyer Agreement given a criminal colour of cheating and fraud under Penal Code 1860; Filing of Criminal Complaint about settling Contractual Disputes is Abuse of Process of Law
Orissa High Court: S. K. Panigrahi J., granted bail and directed the petitioner company to pay the amount in accordance with the