RERA Master

RERA Master A Group of professionals consisting of Lawyers, Chartered Accountants & Company Secretaries.

06/12/2025

अंताक्षरी @ Bangalore

Municipality Demolishes Illegal & Unsafe Structures                                      CA Ramesh AgrawalThe Sambhajina...
25/06/2025

Municipality Demolishes Illegal & Unsafe Structures

CA Ramesh Agrawal

The Sambhajinagar Municipal Corporation (CSMC) has started an anti-encroachment campaign, to keep the city clean, safer, free up public space, etc. Details of the same are mentioned as below: -

• Drive Moves To Gulmandi Area: - After cleaning up areas like Beed Bypass and Mukundwadi, now the clean campaign has moved to Gulmandi area, which is busy & crowded market zone. The move shows that the Authorities are serious for removing illegal building all across the city.

• Illegal Constructions & extension demolished: - The Authorities have targeted illegal buildings & extension of around 25 Shops in bustling Rangar Galli Market & its surrounding areas. During the operation demolition of a run-down building was carried out with the presence of police.

• Ongoing Efforts: - Additional Municipal Commissioner, Mr. Santosh Wahule explained that this campaign in Gulmandi was carried out on the instructions of the Civic Chief G. Sreekanth. This clean campaign will continue until the Gulmandi market is free from all illegal structures.

• Warnings: - Multiple warnings have been given to Shopkeepers & buildings owners, but they did not take it seriously.

• Illegal Water Connections: - The Authorities have removed a total of 105 illegal connections in Kiradpura area. As per the executive engineer from the water supply department of CSMC Kiran Dhande said "The illegal connections were taken by breaching a 200mm diameter pipeline passing through the area. Local residents having legitimate water connections were complaining of low-pressure supply due to suspected illegal connections”.

RERA Awards Rs. 65 Lakhs Compensation to Homebuyer for 9 Years Delay in Flat Possession                                 ...
27/05/2025

RERA Awards Rs. 65 Lakhs Compensation to Homebuyer for 9 Years Delay in Flat Possession

CA Ramesh Agrawal

In a recent decision, the Haryana Real Estate Regulatory Authority (HRERA) has directed a builder to compensate a homebuyer with ₹65 lakh for an inordinate delay of over nine years in handing over a flat in Gurugram.

Key Highlights:
• Background of the Case: The homebuyer had booked a flat in 2013, with the developer promising possession within a stipulated timeframe i.e., 7th December 2015. However, the possession was delayed by more than nine years.
• Developer's Justifications: The builder attributed the delay to unforeseen circumstances, including the COVID-19 pandemic, the demise of the chairman of environmental impact assessment (EIA) committee, and inadequate water supply.
• H-RERA's Verdict: After reviewing the case, HRERA rejected the developer's justifications, deeming them insufficient to warrant such a prolonged delay. The authority emphasized that the reasons cited did not qualify as force majeure events that could absolve the builder of responsibility.
• Compensation Awarded: Recognizing the undue hardship faced by the homebuyer, HRERA ordered the builder to pay Rs. 65 Lakhs as compensation for the delay.

Interest Compensation Calculation for Delay in Possession

Amount Paid by Homebuyer:- Rs. 62,79,109
Date Possession was Due:- 7th December 2015
Assumed Date of Actual Possession:- 19th May 2025 (Date of HRERA Judgment)
Total Delay Duration:- 9 Years and 5 Months
Interest Rate (Annual):- 11.1% Per Annum
Interest Calculation Formula:- Rs. 62,79,109 × 11.1% × (9 + 5/12) Years
Final Interest Amount:- Rs. 65,63,237.79

Implications of the Ruling:
• Precedent for Accountability: This decision underscores HRERA's commitment to holding developers accountable for project delays, reinforcing the rights of homebuyers to timely possession.
• Clarification on Force Majeure: The ruling provides clarity on what constitutes a force majeure event, indicating that internal company issues or infrastructural challenges like water supply do not fall under this category.
• Impact on Auto-Extension Clauses: The case brings attention to the legality of auto-extension clauses in sale agreements, prompting a revaluation of such provisions in future contracts.

This case is part of a series of actions by HRERA to address delays in the real estate sector. In recent times, the authority has taken stringent measures against developers who fail to adhere to project timelines, ensuring that homebuyers' interests are protected. Such proactive steps by HRERA aims for greater transparency and accountability in the real estate market.

The Rs. 65 Lakhs compensation awarded by HRERA serves as a significant reminder to builder about the importance of honouring commitments made to homebuyers. It also reinforces the regulatory body's role in safeguarding the rights of consumers in the real estate sector.

Mandatory Uploading of Occupancy and Completion Certificates In a significant move to enhance transparency and protect h...
09/04/2025

Mandatory Uploading of Occupancy and Completion Certificates

In a significant move to enhance transparency and protect homebuyers' interests, the Odisha Real Estate Regulatory Authority (ORERA) has mandated that developers upload occupancy and completion certificates of housing projects onto its official website. This directive aims to ensure that residential projects comply with established norms and are fit for habitation.

• Definition of Certificates:
o Completion Certificate: A legal document confirming that a building has been constructed in accordance with approved plans and complies with all applicable regulations.
o Occupancy Certificate: A document issued by the local authority certifying that a building is suitable for occupation, ensuring it meets all necessary safety and habitability standards.

• Mandatory Upload Requirement:
o Developers are now required to upload both completion and occupancy certificates onto the ORERA website upon project completion. This process replaces the previous practice of submitting hard copies directly to ORERA. The online availability of these certificates allows homebuyers and other stakeholders to verify the project's compliance status easily.

• Implications for Quarterly Progress Reports (QPR):
o The submission of quarterly progress reports is typically mandatory for ongoing projects. However, upon uploading the completion and occupancy certificates, developers are exempted from filing these reports. This exemption underscores the project's completion and readiness for habitation.

• Homebuyer Benefits:
o The public availability of these certificates enhances transparency, enabling homebuyers to make informed decisions. It also ensures that developers adhere to regulatory standards, safeguarding buyers from potential discrepancies.

• Regulatory Compliance:
o This initiative aligns with Section 11(4)(b) of the Real Estate (Regulation and Development) Act, 2016, which obligates promoters to obtain and share completion and occupancy certificates. Non-compliance with this directive may result in penalties or other regulatory actions.

The ORERA has mandated that real estate developers must upload completion and occupancy certificates of housing projects to its website. The completion certificate verifies adherence to construction norms, while the occupancy certificate confirms the building's safety for habitation. Developers are exempt from submitting quarterly progress reports only after uploading these certificates. This initiative aims to enhance transparency, allowing homebuyers easy access to crucial documents and fostering trust in Odisha's real estate market. Industry experts, like Bimalendu Pradhan, support this move, noting it empowers homebuyers to request and receive essential documentation from developers.

RERA takes over the project of the Builder to Complete Ramesh Agrawal (LL.B. & CA)Chhattisgarh’s Real Estate Regulatory ...
19/01/2023

RERA takes over the project of the Builder to Complete

Ramesh Agrawal (LL.B. & CA)

Chhattisgarh’s Real Estate Regulatory Authority (RERA) has passed an order to hand over the private project i.e., City of Valencia located in “Narada” of Chhattisgarh district to Chhattisgarh Housing Board. This action is to safeguard the interest of plot allotees. Action was taken up against builder Aftab Siddiqui who was reluctant to develop the project & provide even the basic necessities such as Water, Electricity, Sewer, Road, etc. as mentioned in the brochure.

Builder prepared a housing project in Narada in 2010 of 1072 plots. Because of the attractive brochure and other unfair means he was able to sell 691 plots and collected over Rs 41 Crores from the public. Instead of developing the project, the builder siphoned off the funds. Project was supposed to be finished by 2015, no development work commenced even after 6 years.

Chhattisgarh’s RERA President Mr. Vivek Dhand said that 130 allottees of the project ‘City of Valencia’ located in Narada, Raipur, filed a complaint in 2019 with the grievance that the development work of the project was not completed. In the hearing, it came to light that the builder had obtained development permission in the year 2010 to construct a fully equipped residential colony with a total 1072 plots. After hearing of the case, the RERA Authority decided to hand over the project to the Chhattisgarh Housing Board in the interest of the plot allottees.

Now ownership of this project will be with Chhattisgarh Housing Board, and they will submit the action plan to RERA for the development of basic facilities in ‘City of Valencia’ within two months. In the order, the Raipur Collector has been asked to take necessary action for the transfer of the project and land to the Chhattisgarh Housing Board. He has been authorized to complete all the formalities.

RERA ordered 60 days of Civil Imprisonment for a BuilderRamesh Agrawal (LL.B. & CA)Real Estate Regulatory Authority (RER...
20/11/2022

RERA ordered 60 days of Civil Imprisonment for a Builder

Ramesh Agrawal (LL.B. & CA)

Real Estate Regulatory Authority (RERA), Gurgaon has given 60 Days civil imprisonment to the owner / Director of a Builder Company namely International Land Developers (ILD) in a contempt case.
Adjudicating Officer (AO) of RERA, Gurgaon ordered to Superintendent of District Jail, Bhondsi stating “You are hereby authorised to detain Salman Akbar in civil imprisonment for 60 days… you are directed to produce him on 60th day of his detention before the adjudicating officer.”
An arrest warrant was issued earlier on 31st October by the court to produce Salman Akbar on or before December 21, 2022. As per the officials the matter is of January 2013, when the complainant booked a unit in ILD Spire Greens, Sector 37 Gurgaon & an agreement was execute. Builder Company ( ILD ) was supposed to give possession in July 2016, but they failed.
In November 2018, allottee filed a complaint in RERA court alleging delay by the promoter in giving possession. Authority has passed an order in favour of the aggrieved allottee, asking the ILD to pay the interest on the amount paid by the complainant for every month of delay. Interest was supposed to be allowed from July 2016 to the date of actual possession. ILD failed to comply with the order of RERA.
As per RERA Court “The directors of the company were then asked to file an affidavit stating the particular of its assets to satisfy the decree, but they failed to respond leading to intentional disobedience of the orders of the adjudicating officer.”

RERA ordered to Refund Homebuyer with Interest Ramesh Agrawal (LL.B. & CA)Haryana Real Estate Regulatory Authority (HRER...
03/11/2022

RERA ordered to Refund Homebuyer with Interest

Ramesh Agrawal (LL.B. & CA)

Haryana Real Estate Regulatory Authority (HRERA) of Gurugram Bench has given directions to International Land Developers (ILD) to refund the homebuyer’s money along with Interest as it has failed to deliver the property in time.

Abstract of the Order of RERA :-
"The authority hereby directs the promoter (ILD) to return the amount received by him from the allottee with interest at the rate as prescribed under the rule 15 of the Haryana real estate (regulation and development) Rules 2017 from the date of each payment till the actual date of refund of the amount within the timelines provided in the rule 16 of the Haryana Rules 2017,".

As per Rule 16 of Haryana Rules 2017, any refund payable to homebuyer by builder should be refunded within 90 days from the date of on which refund has been ordered by the Authority.

Apartment in ILD Arete project was booked by the homebuyer on 10th June 2015 & possession was committed by 10th December 2019. Builder failed to deliver the possession within agreed time , so the homebuyer went to RERA Court & demanded for refund.

“The Promoter has failed to complete or unable to give possession of unit in accordance with the terms of agreement. Accordingly, the promoter is liable to return the amount received by him in respect of the unit with interest," the order said.

Builder arrested for Cheating HomebuyersCA Ramesh AgrawalThe Delhi Police’s Economic Offences Wing (EOW) has arrested a ...
10/09/2022

Builder arrested for Cheating Homebuyers
CA Ramesh Agrawal
The Delhi Police’s Economic Offences Wing (EOW) has arrested a Builder who has cheated 31 persons of more than 10 Crores for booking of flats & shops at a real estate project in Haryana’s Rewari. Deepak Gusain, a resident of Ghaziabad in Uttar Pradesh is the accused who has been absconding for a long time & look out notice was issued for him.
As per the officials, Pankaj Gusain advertised for booking of flats & shops in real estate project in Rewari for his company named “Asian Developers Private Limited” in 2012. Buyers made bookings & regular payments were made by them, but the construction was stopped by builder in April 2014.
The facts were misrepresented by the Builder before the public at large which induced them to invest in the project. Builder assured the investors for timely possession within 27 Months but after some time the construction was stopped & the builder went untraceable.
Deputy Commissioner of Police (Economic Offences Wing) Mr. M I Haider said that after analysing the accounts of the fraud company it was found out that the money of homebuyers was moved to different accounts. The Police also told that the Pankaj Gusain was absconding & he kept on changing his location & even did not joined investigation & hence Look Out Notice was issued for him. A Non Bailable warrant was issued for him.
The Police was able to catch him with the help of a tip, which was received that Pankaj Gusain would visit Tilak Nagar Area. So, with the help of field team Pankaj Gusain was caught. Police said that there are 3 other similar cases already registered against the company & its directors. Investigations for the same are going on.

RERA orders 17 Builders to Refund 50 Crores to Home BuyersCA Ramesh AgrawalHaryana Real Estate Regulatory Authority (HRE...
24/07/2022

RERA orders 17 Builders to Refund 50 Crores to Home Buyers

CA Ramesh Agrawal

Haryana Real Estate Regulatory Authority (HRERA) have ordered 17 Builders, to refund Rs. 50 Crores to the homebuyers of various construction projects for non-delivering the projects well on time.

HRERA has issued multiple orders for 17 Builders directing them to refund the home buyers their hard-earned money along with 9.70% Interest within 90 days.

Refund orders have been passed after listening to both the parties i.e., Homebuyers & Builders & on finding out that builders were guilty.

Approx 300 matters were listed before the authority for adjudication in July. In 63 Cases, The Authority ordered refunds with interest @ 9.70%. These Adjudications are related to 17 Builders & refund is approx 50 crores. Raheja Developers alone has to refund Approx 12 crores to 11 Homebuyers, & out of which 1 Refund is for Rs. 2.35 Crores. In another 15 matters, the authority ordered refund after the deduction of 10% of earnest money.

In all the 300 cases of July the homebuyers largely wanted their refunds. The authority also ordered refunds of nearly Rs. 6.81 crore while deciding on several bunches of complaints filed by buyers against builders such as Samyak Projects, Vatika, CHD Developers, DSS Buildtech, and Experion Developers.

RERA cancelled registration of 3 Projects                            CA Ramesh AgrawalRERA registration of 3 real estate...
26/06/2022

RERA cancelled registration of 3 Projects

CA Ramesh Agrawal

RERA registration of 3 real estate projects have been cancelled by Uttar Pradesh Real Estate Regulatory Authority (UP-RERA). As per the officials’ statements, the promoters of Raksha Vigyan Sanskriti Phase-2, Antriksh Sanskriti Phase-2 and Antriksh Sanskriti Phase-3 have violated provision of the RERA law.

These builders have not followed order issued by Authority & project was not completed risking the investments of the allotees. In the allotees mostly are present & former government employees.
As per RERA officials, many complaints were received regarding these projects. Authority conducted a site inspection of these projects & they found out that chances of completing the projects is uncertain.

Construction & Development work for these 3 projects was started in 2015 was schedules to be finished by July 22 & June 23 respectively.

‘Project Advisory and Monitoring Committee’ has been constituted under Mrs Kalpana Mishra, member of the authority to decide that what further course of actions to be taken & for completion of take remaining development work of these 3 Projects u/s 8 of the RERA Act 2016. Various attempts were made to contact Rakesh Yadav (Director) of Antriksh Realtek Pvt Ltd for the comments, but he did not respond.

Allotees said that they approached various authorities in UP to get the issue resolved, in fact they even reached out to PM Office as well. They made a Final Representation to UP-RERA, following to which the registrations of 3 projects have been cancelled.

Yogi Demolished 50 Illegal FarmhousesCA Ramesh AgrawalIn Uttar Pradesh’s Noida, over 50 Farmhouses which were illegally ...
03/06/2022

Yogi Demolished 50 Illegal Farmhouses

CA Ramesh Agrawal

In Uttar Pradesh’s Noida, over 50 Farmhouses which were illegally developed along the Yamuna floodplains were razed down during an anti-encroachment drive. As per Noida Authority the area of demolished properties is 1.45 Lacs Sq. Mtr. & having value of approx Rs. 55 Crores.

According to officials any type of construction is prohibited in (Yamuna) Floodplains areas of Noida. Noida Authority’s Officer on Special Duty (Land) said that besides Gulawali, illegal farmhouses and constructions in Tilwada Village were also demolished during the operation.

Altogether 55 Farmhouses & some illegal constructions were razed during the anti-encroachment drive. For the entire process, about 150 Employees of Noida Authority including senior officials were present on the site along with Police & PAC personnel. As per officials 9 JCB & 8 Dumpers were involved in the process.

Moreover, the officials said that the Noida Authority will take up action & legal action will be taken against the people involved in illegal colonization & FIR will be lodged with police.

The Noida Authority has warned the public against falling trap to people for cheap land, unauthorised colonies, and farmhouses in river floodplains and on government property.

08/05/2022

Arrest Warrant by RERA against Ansal directors for not refunding to homebuyer

CA Ramesh Agrawal

Real Estate Regulatory Authority (RERA) has ordered for the issuance of Arrest Warrant against the directors of Ansal Housing Limited for noncompliance of an earlier order to refund to Homebuyers.

RERA has ordered Ansal Housing Director’s to pay Rs. 5 Crores along with interest @ 9.3% to Mr. Rajeev Sharma & 4 other members, who complained against the directors.

Mr. Sharma & other complainants were buyer of flats in Ansal Heights in Sector 86 launched in 2010. Project having 750 Units was supposed to be completed by 2014.

According to earlier order, Ansal neither refunded the money nor filed any appeal against the directive despite many reminders. Summon has been issued to the Manager of the company.

RERA earlier ordered to attach the Bank Account of the Developer, but it was informed that the Bank Account did not have any balance. The Developer was then asked to submit all the details of the Assets. Talking about the latest order, a person on behalf of the company said that they are in touch with the complainants to finally resolve the issue.

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