Latest news with #RE(R&D)Act


Time of India
6 days ago
- Business
- Time of India
Telangana RERA penalizes Ashritha Group Rs 3L for real estate violations in Jubilee Hills; orders registration of 2 residential flats in favour of homebuyers
HYDERABAD: The Telangana Real Estate Regulatory Authority (TG RERA) directed the Ashritha Group in Jubilee Hills, to register two residential flats in favour of homebuyers and imposed a penalty of ₹3 lakh on the company for violating statutory obligations under the Real Estate (Regulation and Development) Act. The order pertains to complaints filed by two residents of Miyapur, Srinivasulu Bode and C Malleswari Nandireddy, who entered into agreements of sale in 2021 for two flats of 'Jewels County', a residential project approved by HMDA and registered with RERA. The complainants alleged that the builder failed to honour the agreement terms, retracted earlier receipts, and created confusion around payments. Despite notices and follow-ups, the builder allegedly refused to address their concerns and threatened cancellation of the agreement. You Can Also Check: Hyderabad AQI | Weather in Hyderabad | Bank Holidays in Hyderabad | Public Holidays in Hyderabad In its order, TG RERA held the Ashritha Group accountable under section 11(5) of the RE(R&D) Act, 2016, and directed the builder to register the subject flats in favour of the complainants, conditional upon receipt of dues as per the agreed milestone-based payment schedule. The authority imposed a ₹3 lakh fine on the company, with instructions to remit the amount to the RERA fund within 30 days. Ashritha Group contended that the agreements stood cancelled due to the complainants' alleged default in payment and that they were offered a refund. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like An engineer reveals: One simple trick to get internet without a subscription Techno Mag Learn More Undo The builder claimed that the complainants failed to respond and forfeited their right to seek registration or damages. However, the authority found the builder's actions in violation of statutory duties and partly allowed the complaints.


Time of India
12-06-2025
- Business
- Time of India
Builder liable to register villa owners' association: Telangana RERA
HYDERABAD : The Telangana Real Estate Regulatory Authority ( TG-RERA ) has directed Prime Infratech , promoter of Prime Alpenia villa project in Mokila , to facilitate registration of a formal association of allottees within 45 days. The directive, issued on June 4, followed a complaint by a villa owner alleging continued harassment and illegal fund collection in the absence of a registered society. In his complaint, Budi Venkata Ramana, who resides in LB Nagar, said that he had purchased a villa in the project in Dec 2021 and despite paying Rs 3,41,000 for corpus and maintenance charges in Feb 2022, the promised registered villa owners' association was never formed. The villa remained unoccupied until April 2024 and was let out from May 1, 2024. In June and July 2023, he paid maintenance to one of the respondents based on an oral assurance that the society would soon be registered. However, he refused to continue payments to the unregistered group and notified the respondents in March 2024 through a legal notice that he would only pay a legally recognised society. Despite this, he claimed he was coerced into paying Rs 76,725 and that both he and his tenant faced threats, including possible utility disconnection. The authority ruled that the promoter failed to discharge the statutory duty under Section 11(4)(e) of the Real Estate (Regulation and Development) Act, 2016, which mandates enabling the formation of an association or society of allottees. This failure, it observed, directly impairs the rights of buyers and falls well within its regulatory scope. The claim by the promoter that a group of residents voluntarily managing the premises absolves it of responsibility was rejected. The duty to initiate and facilitate a registered association was termed a binding legal obligation, not a discretionary act. Respondents managing the unregistered group argued that they were collecting maintenance to ensure the upkeep of common areas, citing collective decision-making by residents. However, the authority clarified that disputes between residents or unregistered groups do not fall under its jurisdiction. It noted that Ramana had already approached the Telangana Co-operative Department in Oct 2024, which is the competent forum to address such internal matters. TG-RERA reiterated that the obligation to form a registered association and to hand over common areas was not optional. Any continued failure in this regard would invite regulatory consequences under Section 63 of the RE(R&D) Act. Simultaneously, it also held that the complainant was legally required to pay maintenance charges under Section 19(6), regardless of whether the villa was occupied, since the obligation was based on possession and not on actual use.


Time of India
11-06-2025
- Business
- Time of India
Builder liable to register villa owners' association, rules RERA
Hyderabad: The Telangana Real Estate Regulatory Authority (TG-RERA) has directed Prime Infratech, promoter of Prime Alpenia villa project in Mokila, to facilitate registration of a formal association of allottees within 45 days. Tired of too many ads? go ad free now The directive, issued on June 4, followed a complaint by a villa owner alleging continued harassment and illegal fund collection in the absence of a registered society. In his complaint, Budi Venkata Ramana, who resides in LB Nagar, said that he had purchased a villa in the project in Dec 2021 and despite paying Rs 3,41,000 for corpus and maintenance charges in Feb 2022, the promised registered villa owners' association was never formed. The villa remained unoccupied until April 2024 and was let out from May 1, 2024. In June and July 2023, he paid maintenance to one of the respondents based on an oral assurance that the society would soon be registered. However, he refused to continue payments to the unregistered group and notified the respondents in March 2024 through a legal notice that he would only pay a legally recognised society. Despite this, he claimed he was coerced into paying Rs 76,725 and that both he and his tenant faced threats, including possible utility disconnection. The authority ruled that the promoter failed to discharge the statutory duty under Section 11(4)(e) of the Real Estate (Regulation and Development) Act, 2016, which mandates enabling the formation of an association or society of allottees. This failure, it observed, directly impairs the rights of buyers and falls well within its regulatory scope. The claim by the promoter that a group of residents voluntarily managing the premises absolves it of responsibility was rejected. Tired of too many ads? go ad free now The duty to initiate and facilitate a registered association was termed a binding legal obligation, not a discretionary act. Respondents managing the unregistered group argued that they were collecting maintenance to ensure the upkeep of common areas, citing collective decision-making by residents. However, the authority clarified that disputes between residents or unregistered groups do not fall under its jurisdiction. It noted that Ramana had already approached the Telangana Co-operative Department in Oct 2024, which is the competent forum to address such internal matters. TG-RERA reiterated that the obligation to form a registered association and to hand over common areas was not optional. Any continued failure in this regard would invite regulatory consequences under Section 63 of the RE(R&D) Act. Simultaneously, it also held that the complainant was legally required to pay maintenance charges under Section 19(6), regardless of whether the villa was occupied, since the obligation was based on possession and not on actual use.


Time of India
09-05-2025
- Business
- Time of India
Odisha RERA seeks government action on promoter violation
BHUBANESWAR : In an attempt to safeguard the interests of homebuyers, Odisha Real Estate Regulatory Authority ( ORERA ) has sought the intervention of the state govt in instructing planning authorities to abide by its provisions which mandates obtaining the consent of two-third of the allottees if any promoter intends to take up any revision work or alteration in a housing project. The request was made by the authority upon revelation that many promoters have been overlooking this important provision of RERA and fraudulently obtaining approval for revised building plans from the planning authorities. This is resulting in homebuyers being kept in the dark, as they are unaware of the changes being made in the projects they had invested in. As per the Odisha Real Estate (Regulation and Development) Act of 2016, for any alteration or addition in the sanctioned plans, layout plans, and specifications of the buildings or common areas, developers need to obtain the written consent of at least two-third of the allottees, other than the promoter. In a letter to Usha Padhee, principal secretary to the housing and urban development department, ORERA chairperson (in-charge) Gopal Chandra Patnaik stated that the planning authorities often sanction plans for real estate projects where the project road is constructed on govt land, endowment land, or railway land, which is not permissible by law. "Recently, we found while issuing a registration certificate for a project, that the planning authorities wrongly approved plans where the land for the approach road to the project passes through land belonging to a third party. This will cause serious problems in the future for homebuyers, and they are likely to be landlocked without access to their project," the letter read. Patnaik said it is being observed that the planning authorities are not verifying documents regarding obtaining consent of two-third of the allottees in case of any such revision in the building plan by promoters, citing that there is no such provision in the Odisha Development Authority (ODA) Act. "Needless to say, the RE (R&D) Act, 2016, has overriding effects on the ODA Act. Therefore, the planning authorities have to be suitably instructed to follow the mandatory provision of two-third consent of allottees while giving approval to a revised plan of the real estate projects in the jurisdiction of the development authority," Patnaik wrote.


Time of India
08-05-2025
- Business
- Time of India
Buyer consent: ORERA seeks govt action on promoter violation
Bhubaneswar: In an attempt to safeguard the interests of homebuyers, Odisha Real Estate Regulatory Authority (ORERA) has sought the intervention of the state govt in instructing planning authorities to abide by its provisions which mandates obtaining the consent of two-third of the allottees if any promoter intends to take up any revision work or alteration in a housing request was made by the authority upon revelation that many promoters have been overlooking this important provision of RERA and fraudulently obtaining approval for revised building plans from the planning authorities. This is resulting in homebuyers being kept in the dark, as they are unaware of the changes being made in the projects they had invested per the Odisha Real Estate (Regulation and Development) Act of 2016, for any alteration or addition in the sanctioned plans, layout plans, and specifications of the buildings or common areas, developers need to obtain the written consent of at least two-third of the allottees, other than the a letter to Usha Padhee, principal secretary to the housing and urban development department, ORERA chairperson (in-charge) Gopal Chandra Patnaik stated that the planning authorities often sanction plans for real estate projects where the project road is constructed on govt land, endowment land, or railway land, which is not permissible by law."Recently, we found while issuing a registration certificate for a project, that the planning authorities wrongly approved plans where the land for the approach road to the project passes through land belonging to a third party. This will cause serious problems in the future for homebuyers, and they are likely to be landlocked without access to their project," the letter said it is being observed that the planning authorities are not verifying documents regarding obtaining consent of two-third of the allottees in case of any such revision in the building plan by promoters, citing that there is no such provision in the Odisha Development Authority (ODA) Act."Needless to say, the RE (R&D) Act, 2016, has overriding effects on the ODA Act. Therefore, the planning authorities have to be suitably instructed to follow the mandatory provision of two-third consent of allottees while giving approval to a revised plan of the real estate projects in the jurisdiction of the development authority," Patnaik wrote.