Can RERA Impose Penalties for Non-Compliance with Its Own Orders?
M & Z Legal – Advocates & Solicitors Introduction An order granting relief is of limited practical value if the promoter does not comply. RERA provides several mechanisms for enforcement, but execution, recovery and penal consequences are not interchangeable. Recovery and execution Section 40 addresses recovery of interest, penalty and compensation, and enforcement of orders, […]
The Evidentiary Value of a Completion Certificate Under RERA
M & Z Legal – Advocates & Solicitors Introduction Completion certificates are frequently relied upon as conclusive evidence that a real estate project complies with the law. Their actual significance depends on the statutory purpose for which they are issued and the proposition they are invoked to prove. Completion and occupancy A completion certificate and […]
The Scope of Section 71: Can the Adjudicating Officer Determine Questions Beyond Compensation?
M & Z Legal – Advocates & Solicitors Introduction RERA divides functions between the Regulatory Authority and the adjudicating officer. Confusion over this allocation can produce maintainability objections, misdirected prayers and delays. The statutory design Section 71 provides for appointment of an adjudicating officer to adjudge compensation under Sections 12, 14, 18 and 19. Section […]
Can a Homebuyer Claim Compensation Without Seeking Refund or Withdrawal?
M & Z Legal – Advocates & Solicitors Introduction RERA is frequently discussed in terms of refund and interest for delayed possession. Yet a homebuyer may prefer to retain the apartment while seeking redress for a promoter’s separate statutory breach. Must the allottee surrender the property to pursue compensation? Different remedies under Section 18 Section […]
Can RERA Award Compensation for Litigation Expenses Incurred by Homebuyers?
M & Z Legal – Advocates & Solicitors The practical issue Homebuyers may spend substantial sums defending title suits, obtaining records or responding to disputes created by a promoter’s conduct. The question is whether those expenses are recoverable as statutory compensation, rather than merely as procedural costs. Statutory basis Sections 18 and 19 provide certain […]
Can RERA Impose Penalties for Non-Registration of a Completed Project?
M & Z Legal – Advocates & Solicitors The problem A developer may argue that completion of construction renders project registration unnecessary. That contention requires a precise chronology: when the project commenced, whether it was ongoing when RERA came into force, whether a completion certificate had been received and whether any statutory exemption applied. Section […]
Can a Promoter Escape RERA Liability by Transferring a Project to a Sister Concern?
M & Z Legal – Advocates & Solicitors Introduction Project transfers within a corporate group can complicate enforcement of allottee rights. A promoter may change the development entity, assign rights to a related company or place assets with an affiliate. Whether that restructuring alters statutory liability depends on the legal nature of the transfer, the […]
RERA vs Civil Courts: Who Has Jurisdiction When Title Is Disputed?
M & Z Legal – Advocates & Solicitors The jurisdictional problem A title dispute can emerge while a homebuyer is pursuing refund, compensation or regulatory compliance before the Real Estate Regulatory Authority. The existence of parallel civil litigation, however, does not answer the jurisdictional question. The proper inquiry is which forum is empowered to grant […]
Does Registration of a Sale Deed Extinguish a Homebuyer’s RERA Remedies?
M & Z Legal – Advocates & Solicitors Introduction Execution of a sale deed is often treated as the end of the promoter-purchaser relationship. RERA, however, imposes several obligations that are not exhausted by conveyance alone. The correct inquiry is whether the specific statutory duty survives and whether the alleged breach and remedy remain legally […]
Refugees, Special Camps and the Right to Personal Liberty: Examining India’s Constitutional Obligations
M & Z Legal – Advocates & Solicitors Introduction India occupies a distinctive position in international refugee law. Despite hosting refugees and asylum seekers from several countries, India is neither a signatory to the 1951 Convention Relating to the Status of Refugees nor a party to its 1967 Protocol. The absence of a comprehensive domestic […]