• RERA compliance for non RERA registered projects

I booked apartment in 2013, Promoters never registered project under RERA,
Appt. didn't receive Occupation/completion certificate from BBMP (Bengaluru Authority.) till date.

As per section 3(2) of RERA guidelines, the following projects do not require to be registered under the Act: 
(a) where the area of land proposed to be developed does not exceed five hundred square meters or the number of apartments proposed to be developed does not exceed eight, inclusive of all phases. 
(b) where the promoter has received completion certificate for a real estate project prior to commencement of this Act (1st May, 2016); 
(c) for the purpose of renovation or repair or re-development which does not involve marketing, advertising selling or new allotment of any apartment, plot or building, as the 6 case may be, under the real estate project.

and my appt. is not come under ambit of any of the above exclusion mentioned in RERA Act.

Question: Seeking any judgement as reference where RERA procced with case for projects not registered under RERA but RERA took hold of them and exercise complainant claim. , and/or is the builder's claim of disposing case on behalf of project is not registered with RERA is Valid?
Asked 3 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

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6 Answers

Any dissatisfied buyer who believes the builder or developer has defrauded them can register a complaint under Form ‘A’ of Section 31 of the Real Estate Regulation (and Development) Act against the builder or developer.  If a builder tries to sell or market an unregistered project, a buyer might submit a complaint against the developer or builder

 

2)For un registered project  can either sue the builder in consumer court or file a criminal complaint against him for the unregistered project. 

 

3) The Bombay High Court has directed the state government to take appropriate steps and prepare a policy to address MahaRERA’s complaints under RERA actions about unregistered projects by builders and developers in Maharashtra. 

 

4) in the judgment of Mohammed Zain Khan V/s. Maharashtra Real Estate Regulatory Authority in WP (L.) No. 908 of 2018 a statement by MahaRERA was made that MahaRERA shall take cognizance of complaints in respect of unregistered projects also."

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

Section 59 of RERA prescribes penalty of ten percent for a project not registered. Your project is not exempted registration under RERA. The said provisions also prescribes imprisonment up to three years, for failure to comply direction issued  by Authority under Section 3 (1). There is such judgment by Karnataka High Court  imposing penalty of 50 L for the offence  of not registering the project.


you can fix him on that judgement. 

Ravi Shinde
Advocate, Hyderabad
5129 Answers
42 Consultations

RERA is applicable to all real estate projects, even if a completion certificate is issued to the project.

The mere filing of an application for occupation or completion does not exempt the project from RERA.

In the case of perpetually delayed projects  that are not registered under RERA, the customer may file a complaint with the authority or adjudicating officer, appointed under the legislation as per Section 31 of RERA. A homebuyer can also file a complaint against the real estate agent in the form or manner provided under the Act. The homebuyers can not only reach out to RERA authority in the State but other legal bodies as well. For instance, under the Consumer Protection Act, 1986, a homebuyer can register a complaint under Section 2(1) (c) for deficiency in services. The term deficiency in services refers to any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance, which is required to be maintained as per the law.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

No you cant bring it under its purview you can try mofa or consumer law

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Dear client,  If the property was has not received the completion certificate then in that case the rera can took the project in the study and proceed with.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

There is a recent judgment of the Hon'ble Madras High Court on the issue for bringing such projects too under the ambit of the RERA. I shall revert soon.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

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