Menu
header photo

LegalSeva

Service in the interest of Justice

Decoding Haryana RERA Panckula Authority 2019

If you are a flatbuyer or a home owner who is interested to know the fate of his/her case in Panchkula RERA Authority (Haryana), then this post is going to be immensely helpful in predicting the outcomes as settled with various latest judgments of Haryana Real Estate Regulatory Authority Panchkula.

Also Read- COMPLAINT IN RERA FOR CANCELLATION OF UNIT

RERA Panchkula Top Judgments Free Legal Advice

So if you have following questions in your mind regarding RERA Panchkula, it will be answered right here:

1 Is the website fully functional? Yes and you can check the case status, next dates, daily orders and popular judgments.

2 Where is the appellate Authority to challenge the decision of RERA Panchkula Authority? Chandigarh

3 Can we verify that the project is registered with RERA Authority? Yes, in the list of registered projects, search for your project on the Haryana RERA Panchkula website.

4 Is RERA registering agents and property dealers? Yes

Also Read- REFUND, INTEREST & COMPENSATION IN RERA

5 How much time RERA Panchkula Authority takes to dispose of the case? Average 6 months. Though few are disposed within 60 days as per Act.

6 Can we file a case against Housing Board Haryana? Totally depends on the facts of your case.

7 How to file the complaint? First file complaint online for Proforma-B generation and then physically within 30 days handover the copy of complaint along with DD/Fees and respondent copy. It is best you hire an advocate or you will miss the case on many accounts. Dial 99888-17966 for more info.

8 Can I get Refund orders from RERA Panchkula ? Yes, if your project is less than 50% completed and there is no scope of its completion in next one year. Rest, it has to be examined. Not a golden rule to be followed in all cases. Remember for Authority, Refund is always in exceptional cases.

Your need for looking Haryana RERA Panchkula Lawyer Online will be satiated through this post.

Also Read-  HOW TO FILE RERA COMPLAINT ONLINE WITH RERA PANCHKULA AUTHORITY

This post covers the issues on which the view of the RERA Authority is already settled. So if you are filing your case, you will get fair idea of how your case will be disposed of.

  1. Delayed Payment rate of Interest- @9% as per judgment in Complaint no. 569/2018 , Roshan Malwal vs. Jindal Realty Pvt. Ltd
  2. Interest at Amount Invested for Delaying in handing over possession- Rule 15 of HRERA Rules @State Bank of India MCLR + 2% from deemed date of Delivery of possession.
  3. Delay in Offer of Possession- The builder is liable to pay the amount even before the incoming of RERA i.e. 1st May, 2017 for delay in possession as settled in the judgment of Complainant no. 49 of 2018, Parkash Chand Arohi  vs.  Pivotal Infrastructures  Pvt ltd (majority view). Also, the judgment in Complaint no. 113 of 2018 titled Madhu Sareen vs. BPTP Ltd still holds the law good regarding this.
  4. Completion Certification not valid without occupation certificate in Complaint no. 630 of 2019- Kulvir Singh vs. M/s Mapsko Pvt. Ltd
  5. Allotees can Complete Project on its own in Sabiha  vs. Anil Jindal SRS Real Infrastructure Ltd – Protection of Sec 8 was granted to registered RWA of the Society and further, right to take over the project for completing it themselves . The objections are invited from general public, if any for the compliance of same.  Also Read- RERA PUNJAB HARYANA APPEALS AT HIGH COURT CHANDIGARH
  6. For Increase in Area- Principles laid down in complaint no. 607 of 2018 titled Vivek Kadyan  vs. M/s TDI Infrastructure Pvt. Ltd
  1. Covered Area- include external walls full width only if they are not shared otherwise 50% shall be taken into account. Here Carpet Area was calculated by taking external walls.
  2. Balcony Area- The complainant is bound to pay for increase.
  3. Shaft Area- Since it is a common area, it will be deducted by Super Area and hence not justified to be paid.
  4. Circulation Area- Complainants duty bound to pay for it.
  5. Steel Stair Case area- Complainants bound to pay.
  6. Mumty/machine room/water tanks area- The actual cost of these services plus 15% margin shall be charged from allotees but not at the same rate as of the carpet area. The builder will exclude this from super area then.

 

Also Read- EXECUTION OF RERA PANCHKULA ORDERS

New components of Super Area

  1. Stilt Floor+ Basement (BT) Common Area: Complainant shall pay for it, but area be divided by all residents of tower/complex.
  2. S.T.P, E.S.S, Guard Room, Panel Room, B.W. etc. Area: The Authority ruled that complainant will pay plus 15% margin but not at the rate of carpet area of apartment. The same area needs to be deducted from Super Area.

Now in the light of all above rules, the super area should be charged.

  1. EDC- Since the amount goes straight to the government the actual amount be only raised. Also Read- 10 THINGS YOU SHOULD KNOW ABOUT RERA PANCHKULA
  2. Club Membership- payable only if the club exists in actual.
  3. Car Parking Charges- For open car parking can’t charge rest if some shed/garage is provided, then chargeable. The actual cost incurred divided by also shall only be taken.
  4. Miscellaneous Expenses- Complainant doesn’t wish to opt, then same may be withdrawn.
  5. Value Added Tax- To see whether it accrued when the agreement was made complainant can get it testified from Tax expert.  Also Read- RERA HARYANA
  6. IFMS (Interest Free Maintenance Security)- Builder can collect so but must be handed over once the RWA is formed.
  7. Preferential Location Charges- Strictly as per agreement.
  8. Interest in Delay payment- settled view of collecting at @9% rate of interest only.
  9. Electricity & Fire Fighting Charges- If the agreement states so otherwise, the actual cost divided amongst all the apartment owners should be charged.

Also Read- HOW TO FILE COMPLAINT IN PANCHKULA-RERA

In Keeping of all the above principles, Promoter/Builder directed to issue the fresh statement of Accounts to allottees. Also the possession may be offered only after getting OC/CC from competent authorities.

Now rewinding all the popular judgments of RERA Panchkula point-wise till date:

  1. Complaint no. 144-2018- Sanju Jain vs TDI Infrastructure- Jurisdiction of Authority.
  2. Sabiha vs. Anil Jindal SRS Real Infrastructure Ltd- Handover to Allottees for completion of Project. Also Read- RERA-PANCHKULA STRIKES AGAIN
  3. Complaint no. 607-2018- Vivek Kadyan  vs.  M/s TDI Infrastructure Pvt. Ltd- Issues covering enhanced Area/Change in Plans
  4. Complaint no. 113-2018- Madhu Sareen vs. BPTP Ltd- Delay Compensation
  5. Complaint no. 22- 2019- Parmeet Singh vs. TDI Infrastructure Pvt. Ltd (Project Tuscan Heights- TDI City) Same principles as laid down with Vivek Kadyan
  6. Complaint no. 381-2018- Chetan Verma vs ABW Infrastructure Pvt. Ltd- Rights of allottees safeguarded if company goes into liquidation. Also Read- FAQS RERA PUNJAB HARYANA PANCHKULA
  7. Complaint no. 49-2018- Parkash Chand Arohi vs. M/s Pivotal Infrastructure Pvt Ltd- Majority view of delayed compensation payable before 1st May, 2017 where only chairperson differed.
  8. Complaint no. 44-2018- Rameshwar vs. Aerens Gold Souk Projects Pvt. Ltd- In line with complaint no. 383 of 2018 Gurbaksh Singh & Anr. vs ABW Infrastructure Pvt. Ltd.- Judgment talks about situation where the licence of the project is cancelled and DTCP is being asked over to take the reins of the project. Here refund was ordered but the project was standstill for years.
  9. Complaint no. 491 of 2018- Ritu Rana vs. M/s IREO Fiveriverr Pvt. Ltd- fate of the cases where insolvency proceedings have already been initiated against the builder. Still the law has to be settled who supersedes whom NCLT vs. RERA.
  10. Registration of Project- Case Romana by Dwarkadhis Projects Pvt Ltd- talks about grant of RERA licence subject to conditions. How RERA project is to be initiated and completed as per the RERA guidelines. The case discusses intervention of RERA while renewal licence pending is pending before RERA. These are the top 10 best judgments of RERA Panchkula Authority.

Also Read- REGISTER YOUR COMPLAINT ONLINE WITH RERA PANCHKULA

This is 10 power packed most popular judgments by Haryana RERA Panchkula Authority laying down the law on RERA. Rest, this is a new law which will take some time for precedents to be made and followed. Till then be patient, otherwise also this is the quickest remedy available to the homebuyers.

For any subject specific advice, keep in touch with Best/Top/Expert Panchkula RERA Panchkula Lawyer in Chandigarh, Panchkula, Mohali (Haryana & Punjab) for your case.  Preferably free legal advice is what you all will seek.

Also Read- PANCHKULA RERA

This post is written by Advocate Satish Mishra (RERA Expert). For more info, please dial 99888-17966. Stay tuned for more updates on Haryana RERA Panchkula Authority for latest judgments, updates, orders and notifications.

Go Back