AI Overview...
Retrospective Effect of RERA Act
- Main Points and Insights:
- Several judgments clarify that the RERA Act, 2016, generally does not have retrospective effect. For instance, in cases like IND_RERA_84 and IND_RERA_83, courts have held that the Act cannot be applied to agreements or projects executed prior to its commencement, emphasizing the principle that legislation is presumed not to be retrospective unless explicitly stated COMPLAINT NO.RAJ-RERA-C-2018-2381 Shamim Bano Kayamkhani Vs Riddhi Siddhi Infraprojects Pvt ltd - Real Estate Regulatory Authority, COMPLAINT NO.RAJ-RERA-C-2018-2305 Umesh Soni Vs Riddhi Siddhi Infra Projects Pvt Ltd - Real Estate Regulatory Authority.
- In contrast, some ongoing projects or transactions initiated after the enactment of RERA are subject to its provisions, indicating retrospective or quasi-retrospective application in certain contexts. For example, IND_RERA_6578 states that since the project was ongoing, RERA provisions have retrospective effect, allowing for relief such as interest and refunds Complaint No. RAJ-RERA-C-2021-4451 Sanjay Mehta Versus Royal Builsquare Pvt. Ltd. - Real Estate Regulatory Authority.
- The Supreme Court and other courts have reiterated that provisions of RERA are not inherently retrospective but may have some retroactive or quasi-retroactive effects in specific cases, especially relating to ongoing projects or disputes arising post-enactment COMPLAINT NO.RAJ-RERA-C-2018-2381 Shamim Bano Kayamkhani Vs Riddhi Siddhi Infraprojects Pvt ltd - Real Estate Regulatory Authority, Complaint No. RAJ-RERA-C-N-2022-5347 Raj Aangan Society Versus Rajasthan Housing Board - Real Estate Regulatory Authority.
- The legislature's competence to enact laws with retrospective effect is acknowledged, but unless explicitly provided, the default position is that RERA does not apply retrospectively COMPLAINT NO.RAJ-RERA-C-2018-2381 Shamim Bano Kayamkhani Vs Riddhi Siddhi Infraprojects Pvt ltd - Real Estate Regulatory Authority, COMPLAINT NO.RAJ-RERA-C-2018-2305 Umesh Soni Vs Riddhi Siddhi Infra Projects Pvt Ltd - Real Estate Regulatory Authority.
- Certain provisions, such as Section 13, are explicitly not given retrospective effect, limiting the scope of retrospective application Complaint no RAJ-RERA-C-2018-2325 Oder date 25 06 2019 Omnisight Services Vs Aqasia Homes Limited - Real Estate Regulatory Authority.
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The judgments also highlight that the retrospective application of RERA is limited and context-dependent, primarily affecting ongoing projects or transactions initiated after the Act's commencement.
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Analysis and Conclusion:
- The consensus across judicial rulings is that RERA Act does not have a blanket retrospective effect. Its application is primarily prospective, affecting projects and transactions from the date of enactment.
- However, in ongoing projects, courts have sometimes recognized a retrospective or quasi-retrospective effect to ensure protections for allottees, such as refunds or interest, based on the project's status at the time of the Act's enforcement.
- The key determinant is whether the project or transaction was initiated before or after the Act came into force, with courts generally favoring a prospective interpretation unless explicitly stated otherwise COMPLAINT NO.RAJ-RERA-C-2018-2381 Shamim Bano Kayamkhani Vs Riddhi Siddhi Infraprojects Pvt ltd - Real Estate Regulatory Authority, COMPLAINT NO.RAJ-RERA-C-2018-2305 Umesh Soni Vs Riddhi Siddhi Infra Projects Pvt Ltd - Real Estate Regulatory Authority, Complaint No. RAJ-RERA-C-2021-4451 Sanjay Mehta Versus Royal Builsquare Pvt. Ltd. - Real Estate Regulatory Authority.
- Overall, while certain provisions may have retrospective or quasi-retrospective effects in specific cases, the default legal stance is that the RERA Act is not retrospective in its application.
References: - Union Bank of India, Jaipur, through its Authorised Officer VS Rajasthan Real Estate Regulatory Authority - Rajasthan - U. P. Avas Evam Vikas Parishad, Lucknow VS Dhruv Kumar Chaturvedi - Allahabad - Complaint No. RAJ-RERA-C-2021-4451 Sanjay Mehta Versus Royal Builsquare Pvt. Ltd. - Real Estate Regulatory Authority - COMPLAINT NO.RAJ-RERA-C-2018-2381 Shamim Bano Kayamkhani Vs Riddhi Siddhi Infraprojects Pvt ltd - Real Estate Regulatory Authority - COMPLAINT NO.RAJ-RERA-C-2018-2305 Umesh Soni Vs Riddhi Siddhi Infra Projects Pvt Ltd - Real Estate Regulatory Authority - Complaint No. RAJ-RERA-C-2022-5121 Sameer Soral Versus Emaar India Limited (erstwhile Emaar MGF Land.) and another - Real Estate Regulatory Authority - JAY NIHALANI vs MARVEL LANDMARKS PRIVATE LIMITED - National Company Law Tribunal - Complaint no RAJ-RERA-C-2018-2325 Oder date 25 06 2019 Omnisight Services Vs Aqasia Homes Limited - Real Estate Regulatory Authority - Complaint No. RAJ-RERA-C-N-2022-5347 Raj Aangan Society Versus Rajasthan Housing Board - Real Estate Regulatory Authority - Samruddhi Developers VS Kiran Vasant Verekar - Bombay
Search Results for "Do Rera Act have a Retrospective Effect"
2021 0 Supreme(Raj) 1293 • India - Rajasthan
AKIL KURESHI, UMA SHANKER VYAS
Ratio Decidendi: Regulation 9 is not ultra-vires the Act, RERA Act does not apply to pre-existing transactions ... Act to pre-existing transactions, and the jurisdiction of RERA in cases involving secured creditors. ... unless fraudulent, and RERA has jurisdiction over complaints against secured creditors under SARFAESI Act. ... Neither the statute so provides, nor it is canvassed before us by the respondents that RERA Act has been....
2023 0 Supreme(All) 1573 • India - Allahabad
OM PRAKASH SHUKLA
) ... ... (C) ... ... Findings of Court: ... The Appellate Tribunal's decisions are well-reasoned, and the provisions of the RERA ... the act and the contractual terms do not have an overriding effect to the retrospective applicability of the authority under the provisions of the Act. ... the act and the contractual terms do not have an overriding effect to the retrospective applicability of the authority under the provisions of the Ac....
• India - Real Estate Regulatory Authority
The impugned project is an ongoing project, therefore, the provisions of the RERA Act are having retrospective effect and therefore interest in the case is applicable according to the provision of rule 17 of the Rajasthan RERA Rules, 2017. ... Therefore, in the case in hand the Complainant is entitled to seek refund with interest against the deposit with effect from expected date of delivery as mentioned in the Agreement for Sale. ... It is categorical to mention here that if any exten....
• India - Real Estate Regulatory Authority
They may to some extent be having a retroactive or quasi retroactive effect but then on that ground the validity of the provisions of RERA cannot be challenged. The Parliament is competent enough to legislate law having retrospective or retroactive effect. ... Act, 2016 would not be applicable to the present dispute as the Act does not have a retrospective effect, During hearing, the representative of the non-applicant company also mentioned that th....
• India - Real Estate Regulatory Authority
As the agreement between the lainant and the non-applicant was executed on 21 .5.2012, provisions OV Page 2 of 6of the RERA Act, 2016 cannot be made applicable to the present dispute as the said Act cannot have a retrospective effect. ... They may to some extent be having a retroactive or quasi retroactive effect but then on that ground the validity of the provisions of RERA cannot be challenged. The Parliament is competent enough to legislate law having #HL_START....
• India - Real Estate Regulatory Authority
RAJ-RERA-C-N-2022-5121“(i) Whether the Act 2016 is retrospective effect or retroactive in its Operation and what will be its legal consequences, if decided only of the Constitution of India”? ... Ltd., the provisions of the Act are applicable retroactively and it is not having retrospective effect. The impugned project is excluded for registration with the Authority, therefore, no relief under the Statutory provision of RERA Act be ....
2024 Supreme(Online)(NCLT) 4854 • India - National Company Law Tribunal
SHRI K. R. SAJI KUMAR, SHRI SANJIV DUTT, JJ
Section 7 (1) inserted by the Insolvency and Bankruptcy Code (Amendment) Act, 2020 with retrospective effect from 28.12.2019. ... That the order of moratorium shall have effect from the date of this order till the completion of the CIRP or until this Tribunal approves the resolution plan under Section 31(1) of the Code or passes an order for the liquidation of the Corporate Debtor under Section 33 thereof, as the case may be. ... The remedies available to allottees of flats or apartments under RERA are ....
• India - Real Estate Regulatory Authority
Section 13 of the Act is also not attracted here as the said section 13 can not be given a retrospective effect. However, the complainant might have a case for relief under section 12 of the Act, but, as we have held in our order dated 23 April, 2019 made in Complaint No. ... The project is registered with RERA and there has been no violation of section 12 of the Real Estate (Regulation and Development) Act, 2016 (hereinafter called ‘the Act’). ... RAJ-RER....
• India - Real Estate Regulatory Authority
In the instant complaint at para 54 of the Newtech case, it is observed that provisions of the Act are not having retrospective effect. ... We are very much aware that the provision of the Act are not having retrospective effect. The issue in this regard ZN was under consideration before the Hon’ble Supreme Court in case of M/s Newtech Promoters and Developers Pvt. Ltd. (LLP 2021 SC 641). ... RAJ-RERA-C-N-2022-5347 ... The “Raj Aangan” project was developed prior to....
2019 0 Supreme(Bom) 1515 • India - Bombay
R.D.DHANUKA
The court also dismissed the appellant's claim that the RERA provisions were not retrospective in nature. ... (RERA). ... Real Estate Regulation and Development Act - Dispute over construction project - Section 58 Fact of the Case: The ... None of the reliefs granted by the said Tribunal in favour of the respondents are with retrospective effect in this case. 60. ... (supra) and would submit that the provisions of the RERA are not retrospective in n....
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