Tag Archives: Real Estate Regulation Act

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Supreme Court says buyer can’t wait endlessly for a flat on a 7-year delay

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Supreme Court decision on the delay possession:

Delay in the delivery of flat possession by the builder is an extreme and habitual problem faced by the buyers in India. Delay in the delivery of possession is when the builder does not transfer the property to the buyer within the specified time period (even after the extension period).

A property buyer, who invests his hard-earned money in buying a home and does not get its possession on time, not only leaves to get a roof over his/her head but also ends up losing money, in the form of EMIs on the home loan and paying for rented accommodation.

As a person who has paid money to a developer or builder who has then not delivered the property, you have the right to a solution to your problem. Under a new act passed by the government known as the Real Estate (Regulation and Development) Act, 2016, you have the right to file a grievance before a special body establishes for real estate projects known as the Real Estate Regulatory Authority (RERA). You can also reach consumer courts or file criminal complaints. In certain conditions, you can also start an ‘arbitration’ action or file a complaint before the Competition Commission of India.

Recently, the Supreme Court has assisted orders of a state consumer commission and the national commission to refund payment with interest to a homebuyer for over 7 years’ delay in offering possession of the flat he had booked with a Kolkata-based builder. In its judgment, the Honorable Supreme Court ordered the developer to refund the buyer.

As per the Supreme Court judgment, a buyer can’t be asked to wait endlessly for possession of his house. A period of 7 years is ahead of what is reasonable. Therefore, it would have been considered unfair to non-suit the buyer only on the basis of the first request in the relief asked before the state consumer disputes redressal commission.

A builder is also a service provider, the process of filing a consumer court complaint against them is the same as with other service providers.

Hope, this judgment will set firm arbitrary orders being passed by RERA authorities refusing refunds on their own even though RERA terms there for refunds.

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How can you claim your money back if your developer is going insolvent?

Insolvent conceptEven though the Real Estate Regulation Act is now in force, property buyers, mainly in Noida, are failing to see much relief as it stands today.

When home buyers are faced with an insolvency proceeding, here’s what you can do to make sure that your rights are protected when the builder fails to complete the project

What is insolvency?
Insolvency is the state of being incapable to pay the money owed, by a person or company, on time; those in a state of insolvency are said to be insolvent.

In case of insolvency:
Insolvency proceedings should confirm that homebuyers get their respective properties and the flow of money remains non-disruptive by bringing in a government agency or co-developer to finish the project when a builder fails to do so.

What is the change?
The Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016, and the Insolvency and Bankruptcy Board of India (Fast Track Insolvency Resolution Process for Corporate Persons) Regulations, 2017, provide forms for submission of claims by operational creditors, including financial creditors, workmen, and employees.

Earlier, there was no provision for individuals to claim under the insolvency law. That hole has recently been plugged by a government notification.

How to make your claim?
The Insolvency and Bankruptcy Board of India notification says that a person claiming to be a creditor should “submit proof of its claim to the interim resolution professional or resolution professional in person, by post or by electronic means in Form F of the Schedule.”

The existence of the claim of the creditor may be proved on the basis of the records available in an information utility, if any, or other related documents adequate to establish the claim, comprising any or all of the following:
1. Bank statements of the customer showing non-satisfaction of claim
2. Documentary evidence demanding satisfaction of the claim
3. An order of court or tribunal that has arbitrated upon non-satisfaction of claim

How can it be resolved?
The best way to resolution could be the completion of the project through a change of developer (if the existing developer is insolvent) so that homebuyers get the unit which was promised to them.

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