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Case Study: PROVISIONS OF RERA WOULD BE APPLICABLE TO LONG TERM ‘LEASE AGREEMENTS’ by Lavasa WHERE SUBSTANTIAL INVESTMENT IS MADE: BOMBAY HIGH COURT

In a recent pronouncement, the Bombay High Court has held that provisions of the Real Estate (Regulation and Development) Act, would apply in case of agreements styled as ‘Agreement to Lease’ will apply in case of agreements styled as ‘agreement of lease’ when the lease period is long and

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CONFLICT BETWEEN THE PROVISIONS OF INSOLVENCY AND BANKRUPTCY CODE, 2016 AND REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016

In recent years, multiple laws have been enacted to consolidate the various sectors and functioning of the country’s economy. Examples include Insolvency and Bankruptcy Code, 2016, Real Estate (Regulation and Development) Act, 2016 (RERA), and Goods and Services Tax Act, 2017. Quite inevitably, some provisions of the different laws are

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If there are deficiencies in your flat, complain within 2 Years of possession

Any complaint against the builder must be made within 2 years of taking possession of the flat. If the buyer delays in filing of case against the builder for late delivery or other shortcomings in the flat, it is bound to be dismissed on

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Case Studies: Flat buyers can unite as one party against builders under Section 12 of CPA Act

This article will showcase case studies on flat buyers who can unite as one party against builders under section 12 of CPA Act.In a major relief for aggrieved homebuyers, justices Dipak Misra, AM Khanwilkar and MM Shantanagoudar of the Supreme Court have ruled (in

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Arbitration agreements cannot oust the jurisdiction of consumer forums

In a recent judgement, the Supreme Court affirmed that arbitration agreements cannot oust the jurisdiction of consumer forums. The order will benefit homebuyers who usually have an arbitration clause in their agreements with the real estate companies. Such clauses lay down that in cases of disputes, aggrieved consumers will have to

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Disputes Resolution under RERA Act 2016

A Guide for homebuyers on RERA Rules and RERA Complaints
The Real Estate (Regulation and Development) Act (RERA), which came into force on 1 May 2016, seeks to protect the interests of homebuyers as much as it hopes to boost investments in the real

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Bombay High Court repels builders’ challenge to Real Estate Regulation ACT

The new judgement by the Bombay High Court upholding the constitutional validity of the RERA Act or Real Estate (Regulation and Development) Act, 2016 rhas brought cheer to the thousands of homebuyers staring at uncertainty due to unfinished and delayed building projects all over India. The parliament had

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Tennis star Sharapova charged with cheating and conspiracy

Five-time Grand Slam champion Maria Sharapova has been charged with cheating and conspiracy by Gurugram police. As per the complaint, Sharapova had endorsed a proposed luxury housing project in Gurugram that was later abandoned by the builders, duping hundreds of investors and buyers.
In 2012, Sharapova had launched

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Supreme Court cautions Unitech homebuyers: Consumers Don’t Expect to Profit from Your Loss

The dispute between homebuyers and real estate players has now skewed in favour of homebuyers, thanks to various Supreme Court judgements. The apex court acknowledges the suffering that homebuyers are going through for not receiving the possession of their flats. At the same time, it is important to

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Relief for Buyers as Supreme Court stays Insolvency Proceedings Against Jaypee

Here is some relief for home buyers of Jaypee Infratech as the Supreme Court on September 4th, 2017 stayed the insolvency proceedings against Jaypee Infratech after the judgment passed by National Company Law Tribunal, Allahabad at the instance of IDBI Bank Limited. Being unsecured creditors as opposed to

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Sahara ordered to refund Rs 84 lakh to 12 homebuyers

The district consumer court in Pune has directed Sahara Prime City Limited, a project by Sahara India in Dhanori, to refund a total of Rs 84 lakh with 9 per cent per annum interest and Rs 5,000 cost to each of 12 homebuyers for deficient service.
Between December

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Section 12 Consumer Protection Act – Legal Boost to Unionisation of Consumers

Corresponding with the increase in exploitation of flat buyers by several unscrupulous builders, a large number of buyers have commenced litigation against builders. Since it may be difficult to fight a builder alone, consumers have taken advantage of the provision under Section 12 (1) (b) of Consumer Protection

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Pradhan Mantri Awas Yojana

Almost every Indian dreams of having his or her own home. If you are among them and you aren’t able to afford one till date, then you should know of Pradhan Mantri Awas Yojna home loan assistance scheme which will make your dream of owning a home in

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