Real Estate (Regulation and Development) Act, 2016

Supreme Court rules on the validity of offer of possession without Completion Certificate in Consumer Dispute: Dharmendra Sharma vs. Agra Development Authority (2024) INSC 667 (06 September 2024)

/ Completion Certificate, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 24A, Deficiency in Service, Limitation Act, 1963, Limitation Act, 1963 with Section 18, Limitation Act, 1963 with Section 19, Real Estate (Regulation and Development) Act, 2016, Real Estate Law, Unfair Trade Practices, UP Apartment (Promotion of Construction, Ownership & Maintenance) Act, 2010

Supreme Court Clarifies Validity of Possession without Completion Certificate in Consumer Cases Date of the Judgment: 06 September 2024 Citation: (2024) INSC 667 Judges: Justice Vikram Nath and Justice Prasanna Bhalachandra Varale Can a builder offer possession of a flat without obtaining a completion certificate and firefighting clearance? The Supreme Court of India recently addressed […]

Supreme Court rules on the validity of offer of possession without Completion Certificate in Consumer Dispute: Dharmendra Sharma vs. Agra Development Authority (2024) INSC 667 (06 September 2024) Read Post »

Supreme Court settles the status of RERA decree holders under IBC: Vishal Chelani & Ors. vs. Debashis Nanda (2023) INSC 913 (06 October 2023)

/ Constitutional Law, Constitutional Law with Article 14, Financial Creditor, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 238, Insolvency and Bankruptcy Code, 2016 with Section 5(8), Real Estate (Regulation and Development) Act, 2016, Real Estate (Regulation and Development) Act, 2016 with Section 18, Real Estate Allottee

Supreme Court Rules RERA Decree Holders are Financial Creditors under IBC Date of the Judgment: 06 October 2023 Citation: (2023) INSC 913 Judges: S. Ravindra Bhat, J., and Aravind Kumar, J. Can a homebuyer who has obtained a decree from the Real Estate Regulatory Authority (RERA) be treated differently from other homebuyers under the Insolvency

Supreme Court settles the status of RERA decree holders under IBC: Vishal Chelani & Ors. vs. Debashis Nanda (2023) INSC 913 (06 October 2023) Read Post »

Supreme Court Rejects Recall of Order on Noida/Greater Noida Builders’ Interest Rates: Bikram Chatterji & Ors. vs. Union of India & Ors. (28 February 2023)

/ Ajay Rastogi, Bela M. Trivedi, Civil Law, Interim Orders, Judges, Real Estate (Regulation and Development) Act, 2016, Real Estate (Regulation and Development) Act, 2016 with Section 2, Recall of Orders, RERA

Supreme Court Rejects Recall of Order on Noida/Greater Noida Builders’ Interest Rates LEGAL ISSUE: Whether the Supreme Court should recall its previous order that had recalled interim orders granting interest rate reductions to builders in Noida and Greater Noida. CASE TYPE: Real Estate/Civil Case Name: Bikram Chatterji & Ors. vs. Union of India & Ors.

Supreme Court Rejects Recall of Order on Noida/Greater Noida Builders’ Interest Rates: Bikram Chatterji & Ors. vs. Union of India & Ors. (28 February 2023) Read Post »

Supreme Court Upholds Consumer Rights: Refund with Interest for Delayed Apartment Possession

/ Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 14, Consumer Protection Act, 1986 with Section 2(g), Deficiency in Service, Delayed Possession, Judges, Pamidighantam Sri Narasimha, Real Estate (Regulation and Development) Act, 2016, Real Estate (Regulation and Development) Act, 2016 with Section 18, S. Ravindra Bhat, Uday Umesh Lalit

Supreme Court Upholds Consumer Rights: Refund with Interest for Delayed Apartment Possession LEGAL ISSUE: Whether a consumer is entitled to a refund with interest for delayed possession of an apartment despite a delay compensation clause in the Apartment Buyer’s Agreement. CASE TYPE: Consumer Protection Case Name: Experion Developers Pvt. Ltd. vs. Sushma Ashok Shiroor Judgment

Supreme Court Upholds Consumer Rights: Refund with Interest for Delayed Apartment Possession Read Post »

Supreme Court Declares West Bengal Housing Industry Regulation Act, 2017 Unconstitutional: A Landmark Judgment on Repugnancy of State Laws

/ Constitutional Law, Constitutional Law with Article 254, Dhananjaya Y Chandrachud, Judges, Legislative Relations, M R Shah, Real Estate (Regulation and Development) Act, 2016, Real Estate (Regulation and Development) Act, 2016 with Section 88, Real Estate (Regulation and Development) Act, 2016 with Section 89, Real Estate Regulation

Supreme Court Declares West Bengal Housing Industry Regulation Act, 2017 Unconstitutional LEGAL ISSUE: Repugnancy between State and Central laws on the Concurrent List CASE TYPE: Constitutional Law, Real Estate Regulation Case Name: Forum for People’s Collective Efforts (FPCE) & Anr. vs. The State of West Bengal & Anr. Judgment Date: 4 May 2021 Date of

Supreme Court Declares West Bengal Housing Industry Regulation Act, 2017 Unconstitutional: A Landmark Judgment on Repugnancy of State Laws Read Post »

Supreme Court Dismisses Plea for Intervention in Real Estate Project: Upendra Choudhury vs. Bulandshahar Development Authority (2021)

/ Constitutional Law, Constitutional Law with Article 32, Consumer Protection Act, 1986, Dhananjaya Y Chandrachud, Insolvency and Bankruptcy Code, 2016, Judges, Judicial Review, M.R. Shah, Real Estate (Regulation and Development) Act, 2016, Real Estate Law

Supreme Court Dismisses Plea for Intervention in Real Estate Project: Upendra Choudhury vs. Bulandshahar Development Authority (2021) LEGAL ISSUE: Whether the Supreme Court should intervene in a real estate project under Article 32 of the Constitution. CASE TYPE: Real Estate/Constitutional Law Case Name: Upendra Choudhury vs. Bulandshahar Development Authority & Ors [Judgment Date]: 11 February

Supreme Court Dismisses Plea for Intervention in Real Estate Project: Upendra Choudhury vs. Bulandshahar Development Authority (2021) Read Post »

Supreme Court settles the interplay between Consumer Protection Act and RERA Act in favor of Homebuyers: Imperia Structures Ltd. vs. Anil Patni (2 November 2020)

/ Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 12(4), Consumer Protection Act, 1986 with Section 3, Consumer Rights, Judges, Real Estate (Regulation and Development) Act, 2016, Real Estate (Regulation and Development) Act, 2016 with Section 18, Real Estate (Regulation and Development) Act, 2016 with Section 79, Real Estate Regulation, Uday Umesh Lalit, Vineet Saran

Supreme Court Upholds Consumer Rights: Imperia Structures Ltd. vs. Anil Patni (2020) LEGAL ISSUE: Whether the remedies available to homebuyers under the Consumer Protection Act, 1986 are additional to those under the Real Estate (Regulation and Development) Act, 2016. CASE TYPE: Consumer Law, Real Estate Law Case Name: M/s Imperia Structures Ltd. vs. Anil Patni

Supreme Court settles the interplay between Consumer Protection Act and RERA Act in favor of Homebuyers: Imperia Structures Ltd. vs. Anil Patni (2 November 2020) Read Post »

Supreme Court Orders Completion of Amrapali Group Projects, Protecting Homebuyers: Bikram Chatterji & Ors. vs. Union of India & Ors. (2019)

/ Arun Mishra, Constitutional Law, Constitutional Law with Article 21, Constitutional Law with Article 32, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 12(1)(c), Corporate Insolvency Resolution Process, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 53, Insolvency and Bankruptcy Code, 2016 with Section 7, Judges, Real Estate (Regulation and Development) Act, 2016, Real Estate (Regulation and Development) Act, 2016 with Section 11(4), Real Estate (Regulation and Development) Act, 2016 with Section 4(2)(l)(D), Real Estate (Regulation and Development) Act, 2016 with Section 8, Uday Umesh Lalit

Amrapali Group Homebuyers Win Relief: Supreme Court Orders Project Completion LEGAL ISSUE: Protection of homebuyers’ rights and completion of stalled real estate projects. CASE TYPE: Real Estate/Consumer Law. Case Name: Bikram Chatterji & Ors. vs. Union of India & Ors. [Judgment Date]: 23 July 2019 Date of the Judgment: 23 July 2019 Citation: Not Available

Supreme Court Orders Completion of Amrapali Group Projects, Protecting Homebuyers: Bikram Chatterji & Ors. vs. Union of India & Ors. (2019) Read Post »

Supreme Court clarifies definition of ‘Promoter’ under RERA: Association for Consumer Welfare and Aid vs. Granite Gate Properties (25 March 2019)

/ Consumer Complaint, Consumer Law, Consumer Rights, Dhananjaya Y. Chandrachud, Hemant Gupta, Judges, Promoter, Real Estate (Regulation and Development) Act, 2016, Real Estate (Regulation and Development) Act, 2016 with Section 2(zk)

Supreme Court Clarifies “Promoter” Definition under RERA: Association for Consumer Welfare and Aid vs. Granite Gate Properties (2019) LEGAL ISSUE: Clarification of the definition of “promoter” under the Real Estate (Regulation and Development) Act, 2016 (RERA). CASE TYPE: Consumer Law Case Name: Association for Consumer Welfare and Aid vs. Granite Gate Properties Private Limited &

Supreme Court clarifies definition of ‘Promoter’ under RERA: Association for Consumer Welfare and Aid vs. Granite Gate Properties (25 March 2019) Read Post »

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