Tag: West Bengal Real Estate Appellate Tribunal

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Common Area Changes Require Two-Thirds Resident Approval: WBREAT

KOLKATA: The West Bengal Real Estate Appellate Tribunal (WBREAT) has sided with homebuyers at ‘Atmosphere – the luxurious condominium’ located off EM Bypass. On Friday, the tribunal upheld RERA’s interim order preventing developers from ‘alienating, transferring, or dealing’ with any portion of the project or its common areas. Previously, 10 residents of the development accused the promoter of unilaterally altering plans without the required consent from 2/3 of the existing allottees. On February 25, 2025, the High Court allowed construction to continue based on the modified plans, contingent upon the results of arbitration proceedings brought by some allottees. In its…

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West Bengal REAT: GST Refund for Cancelled Flat Deals

KOLKATA: The West Bengal Real Estate Appellate Tribunal has ruled that a home buyer cannot reclaim GST from a developer after a property purchase deal has been terminated. Refund requests must be made directly to the GST authority. In this case, Malabika Bhoumic agreed to purchase a flat at Project ONE-10 on May 25, 2022, and made a partial payment of Rs 9,17,919 towards the total cost of Rs 88,26,140 for the 665 sq ft flat on the 15th floor. The agreement was terminated by the promoter, PS Group Realty Pvt Ltd, on June 16, 2023, due to non-payment of…

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West Bengal REAT Extends Project Registration Deadline

KOLKATA: The West Bengal Real Estate Appellate Tribunal has ruled to restrict the extension period for a housing project’s registration. This decision follows legal challenges and regulatory issues stemming from the Supreme Court’s 2021 ruling that annulled the West Bengal Housing Industry Regulation Act, 2017. The project, Essense by Periwal Constructions LLP, was initially registered with the West Bengal Housing Industry Regulatory Authority (WBHIRA) from September 6, 2019, to June 30, 2024. However, it encountered several obstacles due to the Covid-19 pandemic and subsequent legal issues. Construction was halted by the Howrah Municipal Corporation in September 2022, a decision that…

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West Bengal REAT Dismissing Complaint vs. Sreeram Enterprise

KOLKATA: The West Bengal Real Estate Appellate Tribunal has dismissed a complaint from landowners against Ashok Dutta, owner of Sreeram Enterprise, ruling that pursuing the same claims in multiple legal venues simultaneously is inadmissible. The dispute arose from a development agreement signed on August 17, 2015, between Ashok Dutta and several landowners, including Champak Bhattacharjee, to develop a property at 10, Italgacha Road, Dum Dum, involving the construction of three buildings. However, conflicts among co-owners regarding flat allocations caused delays. Though construction was completed, ongoing disagreements about flat distribution led the complainants to file a case with the State Consumer…

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West Bengal Orders Developer to Buy Back CC-less Flat After 20 Years

KOLKATA: The West Bengal Real Estate Appellate Tribunal (WBREAT) has instructed a developer to repurchase a flat he sold two decades prior. The occupant, Sibsankar Koley, resided in the flat for 19 years but could not finalize the mutation due to the developer’s failure to secure the completion certificate (CC) from the local authorities. Promoter Satchidananda Mitra of Sona Enterprise has been ordered to refund not only the purchase amount of the flat but also the stamp duty and registration fees incurred by Koley. Koley purchased the flat on Nagendra Nath Road in Nagerbazar in 2006, but he was unable…