Tag: RERA Act

Latest StoriesRera

OREAT: Odisha RERA’s Fee Retention is Arbitrary

BHUBANESWAR: The Odisha Real Estate Appellate Tribunal (OREAT) has recently ruled that the Odisha Real Estate Regulatory Authority (ORERA) cannot withhold the full registration fees for projects in cases of rejection or delayed withdrawal. The tribunal deemed such actions arbitrary and lacking in legal foundation. The tribunal delivered this verdict while reviewing two similar appeals involving prominent residential projects in the city, dismissing ORERA’s refusal to issue refunds and ordering the return of the registration fees, retaining only 12% for processing costs. In total, ORERA collected over Rs 20 lakh in registration fees from the two developers. In the first…

Latest StoriesRera

Odisha RERA Seeks More Autonomy from Government

BHUBANESWAR: The Odisha Real Estate Regulatory Authority (ORERA) has called on the state government to provide it with financial and administrative autonomy due to operational challenges that hinder its effectiveness. This request follows a recent advisory from the Union Ministry of Housing and Urban Affairs, encouraging states to enhance the capacity and independence of their real estate regulatory bodies. In a letter sent to the state government earlier this month, ORERA highlighted that its lack of independent financial powers leads to reliance on government approvals for crucial decisions such as staff recruitment and salary disbursement. Officials have indicated that, although…

Latest StoriesRegulatory

Bombay HC: Flat Buyers Get Monthly Interest Under RERA Delay

MUMBAI: On Monday, the Bombay High Court ruled that under the Real Estate (Regulation and Development) Act (Rera), buyers have an unequivocal right to receive interest monthly for possession delays. Justice Madhav Jamdar stated that the law aims to protect buyers from delays and ensure timely construction. Developers cannot postpone possession indefinitely while evading the consequences mandated by Rera. Therefore, buyers who remain invested in a project despite delays are entitled to interest for each month of delay until they receive possession. Ten buyers sought compensation due to a delay in a Mulund project booked between 2005 and 2007. An…

Latest StoriesRera

Odisha REAT Upholds ORERA Order on Builder’s OC and Common Areas

BHUBANESWAR: The Odisha Real Estate Appellate Tribunal (OREAT) has rejected an appeal from a local realtor, affirming an order from the Odisha Real Estate Regulatory Authority (ORERA) that mandates the developer acquire completion and occupancy certificates (OC) for a duplex project in Janla. Upon discovering violations by the builder, OREAT instructed the formation of an allottees’ association and the transfer of common areas and statutory documents to the property buyers within two months. The project comprises 41 duplex apartments. An OREAT panel asserted that the real estate company is the promoter of the entire development and cannot lessen its legal…

Latest StoriesRera

Odisha REAT Affirms Homebuyers’ Rights in Landmark Ruling

BHUBANESWAR: In a significant ruling that supports homebuyers’ rights, the Odisha Real Estate Appellate Tribunal (OREAT) has dismissed an appeal from a local promoter, affirming the allotment of a flat to a buyer and deeming its cancellation as arbitrary and unlawful. The case involved a flat in a multi-storey residential development in Brahmeswarpatna. The buyer had already paid over Rs 60 lakh of the total Rs 70.68 lakh but was denied possession after the promoter unilaterally canceled the allotment, citing delayed payments. However, the tribunal determined that the buyer had adhered to the payment schedule outlined in the registered sale…