Centre For Real Estate and Taxation Law

Center for Real Estate and Taxation Law, Symbiosis Law School Hyderabad, heartily congratulates CSP Vikram Reddy for being appointed as the Chairman of ICSI Hyderabad Chapter. Alongwith that, he is also the Youngest Chairman of ICSI

The ICSI is a professional body for the regulation and development of the profession of Company Secretaries in India. It functions under the jurisdiction of Ministry of Corporate Affairs, Government of India.

Congratulations 🥳

https://www.lawctopus.com/summit-on-taxation-laws-at-symbiosis-law-school-hyderabad/

CfP: Summit on Taxation Laws at Symbiosis Law School, Hyderabad [Jan 25,2020]: Submit by Dec 21 November 14, 2019 HomeOpportunitiesCall for Papers CfP: Summit on Taxation Laws at Symbiosis Law School, Hyderabad [Jan 25,2020]: Submit by Dec 21 By Aprajita Karki Call for Papers, Conferences and Seminars, Opportunities  0 Comments ShareTweetShareWhatsApp0 SharesABOUT THE ORGANIZER The concept o...

TEAM CRAT at Symbiosis Law School, Hyderabad would like to thank each and every person who attended this workshop ‘PROSPECT OF CS ALONGWITH LLB ‘ held on September 11, 2019 and making it a huge success.
A special mention to CS Vikram Reddy, Vice Chairman of ICSI HYDERABAD CHAPTER for enlightening our students.
It is this kind of participation that we receive from student fraternity which actually motivates us to conduct these types of workshop.

Hoping to see you all in our upcoming events

Exhilarating things are brewing. Stay tuned for more updates.

FILING OF RERA COMPLAINT AS AN ASSOCIATION

The Real Estate (Regulation and Development) Act seems to have to play as a catalyst in the Real Estate sector of the economy. Since the introduction there have been numerous judgments where justice was given to the aggrieved home-buyers; in order to get the redressal of their grievance, one should file a complaint as per the RERA laws.

The specific provisions are given under section 31 of the RERA Act and it says any aggrieved person may file a complaint with the concerned authority for any of the violation or contravention of the act, rules or regulations. Here, the person shall include the association of the allottees as per the given explanation.

The provisions of the RERA Act are very clear about the filing of an individual complaint and no confusion has come across since the implementation of the act amongst the aggrieved home buyers but when it comes to filing of the complaint as an association then legal points are not so understood. The common but mandatory questions which usually come to the members of the associations are:

What should be the grounds to file a complaint as an association?
The registration status of the association, whether it should be registered or not?
Can elected members of the association alone decide to file a complaint?
The aforesaid points are nowhere written in the act and the same should be interpreted in common parlance and practice, it has been seen that the associations which are filing or have filed the complaint before the RERA Authorities has put the common unresolved problems related to the association as a whole like no amenities as promised by the builder, Change in layout plan, possession has been offered without obtaining OC and CC etc.

As far as the registration status of the association is concerned it is clearly mentioned under section 2 (zg) of the act in the definition of person which includes “an association of person or body of Indi duals whether incorporated or not” so RERA laws doesn’t necessarily require the registered association to file a complaint.

Lastly, the decision making of filing RERA complaint as an association should be interpreted in the light of the bye-laws of the association and in the absence of the same the related law for the time being enforce.

Here, at last, we can reach the outcome that filing of RERA complaint as an association is feasible when there are common grievances to be redressed for.

A very welcoming step was taken by the Central Government by enacting the Real Estate (Regulation and Development) Act, 2016, which was profounded to ease the difficulties and the harassment being suffered by the buyers at the hands of the errant Builders. That the said act was brought into force to minimalize the multiple litigations prevalent in the field of real state by making one stop adjudicating authority i.e. the Real Estate Regulatory Authority under the RERA Act for adjudication of the grievances of the buyers against the errant builders in every State of the Country.

Although, RERA has been made as the singular authority to deal with the grievances arising out of the real estate sector but there still exists a question as to whether a case can be filed before the National Consumer Dispute Resolution Commission under the Consumer Protection Act, 1986 for the adjudication of such case

The Real Estate Regulatory Authority under the Real Estate (Regulation and Development) Act, 2016 has been enacted for a certain purpose that is to give relief to the aggrieved buyers against the unscrupulous attitude of the builders who aims at deceiving the innocent buyers at their hand, which however will be defeated if the buyers still approach the Consumer Forums for the adjudication of their complaints. That further even the Hon’ble High Court of Punjab and Haryana has also held the fact that RERA has statutory powers to resolve the issues related to the real estate sector and in view of the same the cases are being referred to the authorities for the disposal. Thus it is advised that for the purposes of speedy disposal of the cases, the aggrieved buyers should consider filing their complaints before RERA for speedy disposal and effective hearing of their greivences.

The main purposes of RERA Act is to protect the interest of the buyers who have invested in real estate properties and have grievances so as to delay possession of their properties for which it has established adjudicating mechanism for speedy dispute redressal.

On the other hand one can also file an FIR or approach the civil court but such person is always left in lurch as there is no specific remedy and also it is a tedious process in itself. For instance when a person files a complaint with Police, after primary investigation a F.I.R is lodged after which charge sheet is prepared and is filed with the court, the whole process from the stage of complaint till the remedy is without any time cap and the aggrieved homebuyer has to suffer for years in order to get justice.

Whom should the homebuyer approach? The best answer to this question is RERA. RERA authority and adjudicating officer can hear complaints with respect to real estate projects, therefore a complaint can be filed before the authority irrespective of the claim amount. Since this is a dedicated Authority for cases for this particular sector only, the speed and rate of disposal of cases could be significantly faster than any civil court.

Section 20, which specifies the securities in which cooperative housing societies can invest their surplus, was amended in July 2016 and with a notification issued in April 2017, to widely expand the investment avenues for all cooperative societies, including housing societies.







Keep an eye on this page for more Real Estate and Taxation related news and tidbits.