| Date of Order | Sections Invoked | Complainant & Respondent | Summary of Case | Download |
|---|---|---|---|---|
| X-Y-Z | Section 14(2)(ii) of the RERA Act, 2016; Section 14(2)(ii) of the RERA Act, 2016; Section 14(2); Section 14 of the RERA Act, 2016. |
Complainant: N/A
Respondent: N/A vs WBRERA |
This order addresses an application filed under Section 14 of the Real Estate (Regulation and Development) Act, 2016, seeking approval for significant alterations and changes to the registered project details. The Authority reviewed the submissions, including an affidavit, detailing revisions, additions, and deletions in the original sanction plan. The core issue was the rectification of project details, noting that the initial registration covered the entire project scope, rather than just the specific phase currently being developed. After a physical hearing, the Authority found that the proposed changes were necessary due to subsequent revisions and the initial filing encompassing the entire project. Therefore, exercising its power under Section 14 of the RERA Act, the Authority allowed the requested modifications to the project details. These changes involve substantial updates to the total built-up area, car parking capacity, and the overall scope of the project. The order concludes with a directive to the Secretary of the Authority to issue a corrected Certificate for the project and immediately update all necessary details on the official website. | |
| X-Y-Z | Section 6 of the Real Estate (Regulation and Development) Act, 2016, and Rule 7 of the West Bengal Real Estate (Regulation and Development) Rules, 2021. |
Complainant: Baba Bhoothnath Constructions & Respondent: West Bengal Real Estate Regulatory Authority vs WBRERA |
This order addresses the application for the extension of project registration validity for a real estate development. The project's registration had expired on October 31, 2022. The Authority considered the applicant's submissions, which cited significant delays in project completion. The primary grounds for delay included the adverse impact of the COVID-19 pandemic (including lockdowns and supply chain disruptions), the subsequent rise in raw material and labor costs, and general financial instability affecting payments and vendor commitments. After careful examination, the Authority concluded that the delay was not attributable to any default or negligence on the part of the promoter. Recognizing the urgent need for completion and the protection of allottees' interests, the Authority exercised its powers under the RERA Act. Consequently, the Authority granted an extension of the project's registration for a total period of 18 months (from November 1, 2022, to April 30, 2024). This extension was specifically apportioned: 12 months were granted under the *force majeure* condition created by the pandemic, and 6 months were granted because the delay was beyond the promoter's control. The order emphasizes that this grant is a "Special Case" and should not be treated as a precedent. | |
| X-Y-Z | Section 6 of the Real Estate (Regulation and Development) Act, 2016, read with Rule 7 of the West Bengal Real Estate (Regulation and Development) Rules, 2021. |
Complainant: Baba Bhoothnath Constructions
Respondent: West Bengal Real Estate Regulatory Authority vs WBRERA |
This order addresses an application for the extension of project registration for 'Kalamunj Sharda Towers,' whose validity had expired on December 31, 2022. The Authority considered the promoter's submissions, which cited significant delays due to the COVID-19 pandemic, including nationwide lockdowns, disruption of labor and supply chains, and the subsequent sharp rise in construction costs. After careful examination, the Authority concluded that the delay in project completion was not attributable to any default or negligence on the part of the promoter. Recognizing the urgent need to protect the interests of allottees and facilitate the obtaining of the Completion Certificate, the Authority exercised its powers under the RERA Act. Consequently, the Authority granted an extension of the project registration for a total period of 18 months (1 year and 6 months). This extension was specifically apportioned: 12 months were granted on the grounds of *force majeure* due to the pandemic, and 6 months were granted because the delay was beyond the promoter's control. The order emphasizes that this extension is granted as a "Special Case" and should not be treated as a precedent for future applications. The promoter was directed to submit the necessary online application, and the Secretary was directed to issue the corresponding system-generated certificate. | |
| X-Y-Z | Section 6 of the Real Estate (Regulation and Development) Act, 2016, and Rule 7 of the West Bengal Real Estate (Regulation and Development) Rules, 2021. |
Complainant: N/A
Respondent: Aspirations Appartment Pvt. Ltd vs WBRERA |
This order addresses an application for the extension of project registration under the Real Estate (Regulation and Development) Act, 2016. The Authority reviewed the request for an extension of the project, whose initial registration validity had expired on March 30, 2022. The Promoter sought an extension up to March 31, 2025, citing significant delays in completion. The Authority considered the detailed submissions, which attributed the non-completion to various factors, including the severe impact of the COVID-19 pandemic, subsequent nationwide lockdowns, disruptions in the supply chain of construction materials, and labor shortages. After careful examination, the Authority concluded that an extension is urgently necessary to safeguard the interests of the allottees and to facilitate the process of obtaining the Completion Certificate from the Competent Authority. Therefore, the Authority unanimously granted the extension of the project registration for a period from March 31, 2022, to March 31, 2025. The extension was granted on the grounds of special circumstances to protect the interests of the allottees. | |
| X-Y-Z | 1. sub-rule (5) of rule 16 of WBRERA Rules, 2021. 2. section 6 of RERA Act, 2016, read with Rule 7 of WBRERA Rules, 2021. 3. sub-rule (5) of rule 16 of WBRERA Rules, 2021. 4. section 6 of RERA Act, 2016, read with Rule 7 of WBRERA Rules, 2021. |
Complainant: Ideal Real Estate Pvt. Ltd. & Respondent: N/A vs WBRERA |
This order addresses the application for two primary reliefs: the change of the project name and the extension of the project's registration validity. The Authority, after considering the submissions, affidavits, and physical hearings, found merit in the request for a name change. The change from 'Ideal Greens' to 'Aagaman' was permitted, as it was executed through a Development and Management Agreement between the promoter entities, aimed at better marketing and positioning. Furthermore, the Authority granted an extension of the project's registration for a period of thirty (30) months, extending the validity from 01.07.2023 to 31.12.2025. This extension was granted as a special case, acknowledging that the delay in completion was primarily due to the ill health and subsequent death of the promoter's Chairman, which severely impacted project management. Crucially, the Authority mandated that the extension is conditional. The Applicant must immediately submit a formal online application (Form E) and deposit necessary fees (twice the original registration fees) to finalize the order. The Authority directed the Secretary to issue the system-generated certificate only upon compliance with these financial and procedural requirements. | |
| X-Y-Z | Section 6 of the Real Estate (Regulation and Development) Act, 2016. (Cited multiple times throughout the order.) |
Complainant: N/A
Respondent: Happy Advent Realcon LLP vs WBRERA |
This order addresses an application for the extension of the registration validity for the real estate project, 'The Signature', under the provisions of the RERA Act, 2016. The Authority noted that the project's registration validity had lapsed, and the promoter sought an extension of 12 months. The promoter cited significant delays, attributing them primarily to the prolonged impacts of the COVID-19 pandemic (including labor shortages and supply chain disruptions) and administrative hurdles, such as the inability to secure a Completion Certificate from the Competent Authority due to the lapsed RERA registration. After considering the submissions, the Authority found that the extension was urgently required for the project's completion and the subsequent handover of units to allottees. Therefore, in exercise of its powers, the Authority granted an extension of the project's registration for a period of 12 months, effective from 01.10.2023 to 30.09.2024. The extension was granted as a special case, acknowledging the force majeure conditions created by the pandemic, and explicitly stated that this order should not be treated as a precedent. The promoter was directed to immediately follow up with the necessary online application to formalize the extended registration. | |
| X-Y-Z | Section 6 of the Real Estate (Regulation and Development) Act, 2016, and Rule 7 of the West Bengal Real Estate (Regulation and Development) Rules, 2021. |
Complainant: N/A
Respondent: N/A vs WBRERA |
This order addresses an application for the extension of the registration validity for a real estate project. The Authority reviewed the promoter's request, noting that the project's registration validity had expired, and the promoter sought an extension of approximately 24 months. The promoter cited several grounds for the delay, including prolonged impacts from the pandemic, scarcity of labor, supply chain disruptions, and financial strains, which prevented the timely completion of the units. After thoroughly examining the submitted affidavits and documents, the Authority concluded that a delay in completion had occurred and that an extension was necessary to safeguard the interests of the allottees and facilitate the process of obtaining the Completion Certificate. Therefore, the Authority unanimously exercised its powers under the RERA Act to grant an extension of the project's registration for a period of 24 months. The new validity period is set from April 1, 2024, to December 31, 2025. The order explicitly states that this extension is granted as a special case and should not be treated as a precedent for future applications. | |
| X-Y-Z | Section 6 of the Real Estate (Regulation and Development) Act, 2016. |
Complainant: Merlin Ganges Projects & Respondent: N/A vs WBRERA |
This order addresses an application for the extension of project registration under the Real Estate (Regulation and Development) Act, 2016. The Authority reviewed the promoter's request to extend the validity of the project, Elements Phase 1, which had previously expired. The promoter submitted detailed reasons for the delay, citing significant impediments including the prolonged impact of COVID-19 waves, supply chain disruptions, financial constraints, and most notably, a substantial delay caused by an injunction order that was in force for 423 days. After considering the submissions and the necessity of completing the project to safeguard the interests of the allottees, the Authority found that an extension was urgently required. Therefore, the Authority exercised its powers under Section 6 of the RERA Act and granted an extension of the project registration for a period of 12 months. The new validity period is set from April 1, 2024, to March 30, 2025. This extension is granted as a special case, primarily due to the prolonged impact of the prior injunction order, ensuring the project can obtain its Completion Certificate and proceed with the handover process. | |
| X-Y-Z | Section 6 of RERA Act, 2016; Rule 7 of WBRE Rules, 2021; Section 7(3) read with Section 6 of RERA Act, 2016. |
Complainant: None stated / Authority
Respondent: Merlin Ganges Projects vs WBRERA |
This order addresses an application for the extension of the registration period for a real estate project. The Authority reviewed the promoter's submissions, which cited various reasons for non-completion by the original deadline, including delays due to injunctions, contractor inefficiencies, and supply chain disruptions. Finding that the delay was justifiable and that an extension was necessary to safeguard the interests of the allottees, the Authority exercised its powers under Section 6 read with Section 7(3) of the RERA Act, 2016. Consequently, the registration of the project is hereby extended for a period of six months, from March 31, 2025, to September 30, 2025. The extension is granted subject to strict compliance conditions. The promoter must: 1. Upload quarterly project updates on the WBRERA website within seven days of the quarter's end. 2. Submit a detailed Work Milestone on a Notarized Affidavit within seven days after every 90-day period. 3. Submit a final Work Milestone for the entire project by the extended completion date. The Authority reserves the right to conduct unannounced inspections and take stringent action, including revocation of the extension, for any discrepancy or misrepresentation. | |
| X-Y-Z | Section 6 of the Real Estate (Regulation and Development) Act, 2016. |
Complainant: Not applicable
Respondent: Not applicable vs WBRERA |
This order addresses an application for the extension of the project registration validity for the 'Trump Tower, Kolkata' project. The Authority reviewed the promoter's request for an extension, noting that the project's previous validity was set to expire on September 30, 2023. The promoter argued that the delay in completion was not due to default or negligence, but was caused by external factors, primarily the COVID-19 pandemic. Specific reasons cited included nationwide lockdowns, labor migration, severe supply chain disruptions (e.g., for elevators), and adverse cash flow impacting the real estate sector. After careful consideration, the Authority found that the delay constituted a *force majeure* condition. Consequently, the Authority exercised its power under Section 6 of the RERA Act, 2016, and granted an extension of the project registration for a period of twelve months (one year), effective from October 1, 2023, to September 30, 2024. The order emphasizes that this extension is granted as a special case, does not set a precedent, and must not affect the rights or interests of the allottees. The promoter is directed to comply with all necessary procedural requirements for the extended period. | |
| X-Y-Z | Section 6 of the Real Estate (Regulation and Development) Act, 2016. |
Complainant: N/A
Respondent: N/A vs WBRERA |
This order, issued by the West Bengal Real Estate Regulatory Authority (WBRERA), addresses the application for extending the registration of the project, 'Biowonder Phase I'. The core issue was that the project's registration validity had expired on September 30, 2019, but the project remained incomplete. The promoter sought an extension, citing significant delays due to various factors, including the inability to complete the 19th floor and roof, and the prolonged disruptions caused by the COVID-19 pandemic, labor shortages, and funding constraints. After examining the submitted affidavits and documents, the Authority determined that a delay in completion was evident and that an extension was necessary to safeguard the interests of the allottees and facilitate the process of obtaining the Completion Certificate. Therefore, the Authority unanimously granted an extension of the project registration for a period of 63 months, effective from October 1, 2019, to December 31, 2024. The order emphasizes that this extension is granted on the grounds of special circumstances and should not be treated as a precedent in future cases. The promoter was directed to submit a formal online application to formalize this extension. | |
| X-Y-Z | Section 6 of the Real Estate (Regulation and Development) Act, 2016. (Cited multiple times throughout the order). |
Complainant: N/A
Respondent: N/A vs WBRERA |
This order addresses an application for the extension of the registration validity of a real estate project. The Authority noted that the project's registration had expired, and the promoter sought an extension, citing significant delays. The promoter explained that the non-completion was due to circumstances beyond their control, including the severe impact of the COVID-19 pandemic, subsequent lockdowns, and supply chain issues regarding construction materials and labor. After thoroughly examining the submissions, the Authority concluded that a delay in completion had occurred and that an extension was critically necessary to safeguard the interests of the allottees and facilitate the process of obtaining the Completion Certificate. Therefore, the Authority unanimously granted an extension of the project's registration for a period of 11 months, effective from 01.10.2023 to 31.08.2024. The grant is issued as a Special Case and is not to be treated as a precedent. The promoter is directed to immediately submit the required online application (Form E) and deposit the necessary fees (twice the original registration fee) to finalize the extension certificate. | |
| X-Y-Z | Section 6 of the Real Estate (Regulation and Development) Act, 2016. |
Complainant: BNBK Developer LLP
Respondent: N/A vs WBRERA |
This order addresses an application for the extension of the registration validity for the project 'Ambika Icon,' which had lapsed on March 31, 2024. The Authority reviewed the application, wherein the promoter cited various reasons for the delay in completion, including prolonged impacts from the COVID-19 pandemic (second and third waves), labor shortages, supply chain disruptions, and financial constraints. After careful consideration, the Authority determined that an extension was necessary to safeguard the interests of the allottees and facilitate the process of obtaining the Completion Certificate. Therefore, exercising powers under Section 6 of the RERA Act, the Authority unanimously granted an extension of the project's registration for a period of nine months, effective from April 1, 2024, to December 31, 2024. Crucially, the extension is granted as a special case and not a precedent. The Authority mandated that the promoter must immediately comply with several conditions: submit an online application (Form E), deposit necessary fees (twice the original registration fees), and the Authority Secretary must issue the formal extension certificate (Form F). | |
| X-Y-Z | 1. Section 13(2)(ii) of the RERA Act, 2016. 2. Section 14(2)(i) of the RERA Act, 2016. 3. Section 14 of the RERA Act, 2016. 4. Section 6 of the RERA Act, 2016 read with Rule 7 of the WBRE Rules, 2021. |
Complainant: N/A & Respondent: N/A vs WBRERA |
This order addresses two primary applications concerning the project, 'Mani Vista,' under the Real Estate (Regulation and Development) Act, 2016. Firstly, the Authority exercised powers under Section 14 to approve significant alterations to the project details. After reviewing the submissions and confirming that the required consent from all allottees was obtained, the Authority allowed the changes. These modifications substantially increased the project's scope, including the land area, total built-up area, total carpet area, and the number of units (from 138 to 189). The Applicant was directed to pay necessary fees and obtain a Modified Certificate. Secondly, the Authority, in exercise of powers under Section 6, granted an extension of the project's registration validity. Recognizing delays due to statutory compliances and land amalgamation, the Authority approved an extension of 42 months, extending the project timeline until March 31, 2025. This extension was granted as a special case to safeguard the interests of the allottees and facilitate the completion and handover process. | |
| X-Y-Z | Section 6 of the Real Estate (Regulation and Development) Act, 2016, and Rule 7 of the West Bengal Real Estate (Regulation and Development) Rules. |
Complainant: West Bengal Real Estate Regulatory Authority
Respondent: Aspirations Homes Private Limited vs WBRERA |
This order addresses an application for the extension of project registration for a real estate development. The Authority noted that the project's original registration validity had expired on June 30, 2022. The application sought an extension of approximately 29 months. The grounds cited for the delay were extensive, including the impact of the COVID-19 pandemic, subsequent lockdowns, supply chain disruptions, difficulties related to heritage structure compliance, and delays arising from legal processes concerning the property ownership. After thoroughly examining the submitted affidavits and documents, the Authority concluded that a delay in project completion was evident and that an extension was urgently necessary. The primary consideration for the decision was the need to safeguard the interests of the allottees and facilitate the process of obtaining the Completion Certificate. In exercise of powers under the RERA Act, the Authority unanimously granted the extension of the project registration for a period of 29 months, extending the validity from June 30, 2022, to August 31, 2024. The Authority emphasized that this extension is granted as a special case and should not be treated as a precedent for future applications. | |
| X-Y-Z | Section 6 of the Real Estate (Regulation and Development) Act, 2016, read with Rule 7 of the West Bengal Real Estate (Regulation and Development) Rules, 2021. |
Complainant: N/A
Respondent: N/A vs WBRERA |
This order addresses an application for the extension of a real estate project's registration, which had previously expired. The Promoter sought an extension, citing multiple operational and financial hurdles that prevented the timely completion of the project. The grounds presented included the prolonged impact of the pandemic, scarcity of labor and supply chain disruptions, financial strains, and the critical issue of the project account being suspended due to the lapsed registration validity. The Promoter emphasized that without an extension, the interests of the allottees would be severely compromised, jeopardizing home loan disbursements and the ability to secure a Completion Certificate. After a thorough examination of the submitted affidavits and documents, the Authority recognized the urgency of the matter to safeguard the interests of the allottees. Therefore, the Authority unanimously exercised its power under Section 6 of the Real Estate (Regulation and Development) Act, 2016. The order grants an extension of the project registration for a period of twelve months, specifically from December 28, 2024, to December 27, 2025. The extension is granted as a special case, emphasizing that it is necessary for the completion and handover process to the allottees. | |
| X-Y-Z | Section 6 of the Real Estate (Regulation and Development) Act, 2016; Section 14 of the Real Estate (Regulation and Development) Act, 2016. |
Complainant: N/A
Respondent: Tapajyoti Construction Pvt. Ltd. vs WBRERA |
This order addresses an application for the extension of the registration validity for the real estate project, 'Lux Insignia'. The Authority noted that the project's registration was due to expire, and the Promoter sought an extension of 21 months, citing the project's incomplete status. The Promoter submitted detailed affidavits and supporting documents explaining the delays. Key reasons cited for the non-completion included the suspension of construction due to the COVID-19 pandemic, subsequent changes in sanctioned building plans, and general construction and administrative pressures. After a thorough examination of the submitted records, the Authority concluded that a significant delay had occurred and that an extension was urgently required to safeguard the interests of the allottees and facilitate the process of obtaining the Completion Certificate. Therefore, exercising powers under Section 6 of the RERA Act, 2016, the Authority unanimously granted the extension of the project's registration for a period of 21 months, effective from 01.01.2025 to 30.09.2026. The Authority emphasized that this extension is granted as a special case and should not be treated as a precedent. | |
| X-Y-Z | Section 6 of the Real Estate (Regulation and Development) Act, 2016, and Rule 7 of the West Bengal Real Estate (Regulation and Development) Rules, 2021. |
Complainant: N/A & Respondent: N/A vs WBRERA |
This order, issued by the West Bengal Real Estate Regulatory Authority (WBRERA), addresses the application for extending the registration validity of the project, Akma Heights. The Authority noted that the project’s original registration validity expired on 21.07.2021. The application sought an extension of approximately 38 months. The promoter submitted a detailed affidavit citing various reasons for the delay in completion, including prolonged impacts from the COVID-19 pandemic (second and third waves), labor shortages, supply chain disruptions, and financial constraints. After careful consideration of the submitted documents, the Authority found that a delay in project completion had occurred and determined that an extension was urgently necessary to safeguard the interests of the allottees and facilitate the process of obtaining the Completion Certificate. Therefore, the Authority unanimously exercised its powers under Section 6 of the RERA Act, 2016, and granted an extension of the project’s registration for a period of 38 months and 10 days. The new validity period is set from 22.07.2021 to 30.09.2024. The order explicitly states that this extension is granted as a special case and should not be treated as a precedent. | |
| X-Y-Z | Section 6 of the Real Estate (Regulation and Development) Act, 2016, and Rule 7 of the west Bengal Real Estate (Regulation and Development) Rules, 2021. |
Complainant: Allottees/Home buyers
Respondent: Dey Constr-uction vs WBRERA |
This order, issued by the West Bengal Real Estate Regulatory Authority (WBRERA), addresses the application for an extension of registration for the project, Sree Ram Enclave. The Authority noted that the project's original registration validity expired on 30.07.2022. The promoter sought an extension, citing significant delays in completing the construction and handing over units to allottees. The Authority thoroughly examined the reasons provided, which included severe disruptions caused by the COVID-19 pandemic. Specific delays cited encompassed supply chain failures, unavailability of labor due to the pandemic, multiple lockdowns, and the project area being placed under containment zones. After careful consideration, the Authority concluded that a delay exists and that an extension is urgently necessary to protect the interests of the allottees and facilitate the completion certificate process. Therefore, the Authority unanimously granted the extension of the project's registration period from 31.07.2022 to 31.05.2025. The order emphasizes that this extension is granted due to special circumstances and should not be treated as a precedent in future cases. | |
| X-Y-Z | Section 6 of RERA, Section 7(3) of RERA, Section 6 of RERA, and Section 7(3) of RERA. |
Complainant: Not explicitly stated (but the context implies the Allottees/Home Buyers are the protected interests)
Respondent: Martin Burn Construction Limited vs WBRERA |
This order addresses an application for the extension of project registration under the Real Estate (Regulation and Development) Act, 2016. The Authority noted that the project's registration validity had expired, and the Promoter sought an extension, citing significant delays due to factors including the prolonged impact of the pandemic, labor scarcity, and supply chain disruptions. After careful consideration of the submitted documentation, the Authority found that an extension was necessary to safeguard the interests of the allottees and facilitate the project's completion and the obtaining of the Completion Certificate. Accordingly, the Authority exercised its powers under Section 6 read with Section 7(3) of the RERA Act and granted the extension of the project registration for a period from October 1, 2024, to December 31, 2027. Crucially, the extension is subject to strict compliance conditions. The Promoter must submit a detailed Work Milestone Affidavit within 15 days, upload quarterly project updates on the Authority's website, and submit further detailed milestones every 90 days. The Authority reserved the right to conduct inspections and take stringent action, including revocation, for any discrepancy or failure to comply with the stipulated timelines. |