| Date of Order | Sections Invoked | Complainant & Respondent | Summary of Case | Download |
|---|---|---|---|---|
| X-Y-Z | Section 6 of RERA, 2016 read with Rule 7 of WBRE Rules, 2021. (Repeated) Section 6 of RERA, 2016. |
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 Promoter sought a 12-month extension, as the project's original registration expired on September 30, 2023, and the construction remained incomplete. The Authority considered the Promoter's detailed submissions, which cited the unprecedented delays caused by the COVID-19 pandemic. Key reasons for the delay included nationwide lockdowns, subsequent disruptions in the supply chain of construction materials, labor shortages, and the general financial instability affecting payments. 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 critical need for the project to proceed for the benefit of the allottees, the Authority exercised its power under Section 6 of the RERA Act, 2016. Consequently, the Authority granted a 12-month extension of the project's registration, effective from October 1, 2023, to September 30, 2024. The extension was granted on the grounds of *force majeure* due to the pandemic. The Promoter was simultaneously directed to immediately submit the necessary online applications (Form E and Form F) to formalize the extended registration. The order explicitly states that this grant is a special case and not a precedent. | |
| X-Y-Z | Section 6 of the Real Estate (Regulation and Development) Act, 2016; 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 validity under the Real Estate (Regulation and Development) Act, 2016. The Authority reviewed the promoter's submission, which sought an extension because the project remained incomplete after the original registration expired on March 31, 2023. The promoter cited significant delays, primarily attributing them to the COVID-19 pandemic, nationwide lockdowns, supply chain disruptions, and financial difficulties affecting allottees' payments. After careful consideration, the Authority determined that the delay was not attributable to any default or negligence on the part of the promoter. Recognizing the force majeure conditions created by the pandemic, the Authority exercised its powers under Section 6 of the RERA Act. Consequently, the Authority granted an extension of the project's registration for a period of fifteen (15) months, effective from April 1, 2023, to October 30, 2024. The order emphasizes that this extension is granted as a special case, is necessary for the completion certificate, and does not prejudice the rights or interests of the allottees. The promoter is directed to comply with further procedural requirements for formalizing this extension. | |
| 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. |
Complainant: N/A
Respondent: N/A vs WBRERA |
This order addresses an application seeking an extension of the registration period for a real estate project. The Authority noted that the project's registration validity had expired, necessitating an extension to ensure the completion and handover of units to allottees. The Authority thoroughly examined the reasons provided for the delay, which included prolonged disruptions due to the pandemic, challenges in construction (especially involving demolition and phased construction), scarcity of labor, supply chain issues, and financial strains. Finding that the delay was substantial and that an extension was crucial to safeguard the interests of the allottees and facilitate the obtaining of the Completion Certificate, the Authority exercised its powers under the RERA Act. Consequently, the Authority unanimously granted the extension of the project's registration period from May 31, 2024, to May 30, 2025. The order mandates that the Applicant must immediately submit an online application (Form E) and deposit the requisite fees (twice the original registration fee). Upon compliance, the Authority will issue the official Extension Certificate (Form F). The decision emphasizes that this extension is granted under special circumstances to protect the interests of the home buyers. | |
| X-Y-Z | Section 15 of RERA Act, 2016; Rule 16(5) of WBRERA Rules, 2021; and Section 15(1) of the RERA Act, 2016. |
Complainant: N/A
Respondent: N/A vs WBRERA |
This order addresses an application seeking prior written approval for two major changes concerning a real estate project: the transfer of the promoter's majority rights and liabilities, and the change of the project's name. The Authority reviewed submissions detailing the transfer of the project from the erstwhile promoter to the intending promoter. The change in promoter and the subsequent name change were justified by the need to improve branding, marketing, and visibility of the development. After careful examination, the Authority noted that the transferor promoter had submitted evidence of obtaining prior consent from at least two-thirds of the existing allottees. Crucially, the Authority determined that the rights and interests of the existing allottees would remain unaffected by these changes. In exercise of its powers under the RERA Act, the Authority granted necessary prior approval. This approval covers both the transfer of the project's majority rights and liabilities to the new developer, and the change of the project name. The Authority directed the Secretary to issue a modified certificate and update the official website immediately to reflect these approved changes. | |
| 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: West Bengal Real Estate Regulatory Authority
Respondent: Rav Enclaves LLP vs WBRERA |
This order addresses an application for the extension of the registration period for the real estate project 'AG Unique'. The Authority noted that the project's original registration validity expired on March 31, 2023, and the project remained incomplete. The Promoter sought an extension of 21 months, citing various delays and emphasizing the critical need for the extended period to obtain the necessary Completion Certificate from the Competent Authority. After thoroughly examining the submitted documents and affidavits, the Authority determined that a delay in completion was evident and that an extension was urgently required to safeguard the interests of the allottees and facilitate the final handover process. Therefore, the Authority unanimously granted the extension of the project's registration for a period of 21 months, effective from April 1, 2023, to December 31, 2024. The extension was granted as a Special Case, not to be treated as a precedent. The Promoter was directed to immediately submit the required online application (Form E), and the Secretary was directed to issue the corresponding System Generated Certificate (Form F) for the extended period. | |
| X-Y-Z | Section 15, Section 15(1), Section 15(1). |
Complainant: N/A
Respondent: N/A vs WBRERA |
This order addresses an application filed under Section 15 of the Real Estate (Regulation and Development) Act, 2016, seeking prior written approval for the change of the developer/promoter for a specific real estate project. The applicants, comprising the landowner and the new developer, sought approval because the previous promoter faced financial constraints, necessitating the cancellation of the original development agreement. During the physical hearing, the applicants submitted that they had not accepted any booking or sale proceeds from allottees. This submission was critical, as it mitigated the requirement for obtaining prior written consent from two-thirds of the existing allottees. After careful examination of the submissions and documentation, the Authority found that the change in developer was necessitated by the previous promoter's financial difficulties and that the necessary legal documentation had been executed. Therefore, the Authority exercised its power under Section 15(1) and granted the necessary approval for the change of the project's developer. The Authority further directed the Secretary to issue a modified project certificate and update the relevant details on the WBRERA website immediately. | |
| 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. |
Complainant: Allottees/West Bengal Real Estate Regulatory Authority (WBRERA)
Respondent: Chakraborty Nirman Pvt. Ltd. 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 'Anjali Green'. The Authority reviewed the promoter's request for an extension, citing significant delays in completing the project. The promoter argued that the inability to complete the work within the stipulated timeline was due to factors beyond their control, primarily the severe disruptions caused by the COVID-19 pandemic, including nationwide lockdowns, labor shortages, and supply chain obstacles. After careful consideration of the submissions and supporting documents, the Authority concluded that the delay was not attributable to any default or negligence on the part of the promoter. Therefore, the Authority exercised its powers under Section 6 of the RERA Act, 2016, and granted an extension of the project's registration for a period of twenty-one (21) months (1 year and 9 months). The extended period is set from 01.10.2022 to 30.06.2024, recognizing the *force majeure* condition created by the pandemic. The order stipulates that this extension is granted as a special case and should not be treated as a precedent. The promoter is directed to immediately submit a formal online application for the extension. | |
| X-Y-Z | Section 6 of RERA Act, 2076; Rule 7 of WBRE Rules, 2021; Section 6 of RERA Act, 2016. |
Complainant: Not applicable & Respondent: Not applicable vs WBRERA |
This order addresses an application for the extension of the registration validity of a real estate project. The Authority reviewed the promoter's submissions, which cited significant delays in completing the project. The promoter argued that the non-completion was due to circumstances beyond their control, including the force majeure event of the COVID-19 pandemic, subsequent nationwide lockdowns, disruption of the supply chain, and financial difficulties affecting allottees' payments. After careful consideration, 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 the project to proceed and facilitate the handover of units, the Authority exercised its powers under the RERA Act. Consequently, the Authority granted an extension of the project's registration for a period of 14 months, effective from 01.07.2023 to 31.08.2024. This extension was granted specifically on the grounds of force majeure and reasonable circumstances. The order mandates the promoter to immediately follow up with the necessary online applications to formalize this extended registration period. | |
| X-Y-Z | Section 6 of the Real Estate (Regulation and Development) Act, 2016; 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, filed under the provisions of the Real Estate (Regulation and Development) Act, 2016. The project's original registration validity had expired on June 30, 2019. The Promoter sought an extension, citing various reasons for the delay in completion, including the impact of the COVID-19 pandemic and the time taken to renew project plans. After reviewing the submitted affidavits and holding an offline hearing, the Authority determined that a significant delay had occurred and that an extension was urgently necessary. The primary objective of the extension is to safeguard the interests of the allottees and facilitate the process of obtaining the mandatory completion certificate. Therefore, the Authority unanimously granted the extension of the project registration. The project is granted an extension period from October 1, 2024, to June 30, 2026. The order emphasizes that this extension is granted as a special case to protect the interests of the allottees 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, 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 project registration under the West Bengal Real Estate (Regulation and Development) Rules, 2021. The Authority reviewed the promoter's submission, which sought an extension after the project's registration validity expired on March 30, 2024. The promoter cited various extraordinary circumstances contributing to the delay, including the severe disruptions caused by the COVID-19 pandemic (lockdowns, travel restrictions), the Amphan Cyclone, and the West Bengal Assembly Elections. After careful examination of the submitted documents, the Authority concluded that a delay in the project's 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 twelve months, effective from March 31, 2024, to March 31, 2025. The extension is granted as a special case and is not to be treated as a precedent. The promoter is directed to immediately submit an online application, deposit fees (twice the original registration fees), and comply with all procedural requirements to finalize the extension certificate. | |
| X-Y-Z | Section 14(2)(rl) of RERA Act, 2016; West Bengal RERA Rules, 2021; Section 14 of RERA Act, 2016; Rule 16(5) of West Bengal RERA Rules, 2021. |
Complainant: N/A
Respondent: N/A vs WBRERA |
This order, issued by the West Bengal Real Estate Regulatory Authority (WBRERA), grants approval for significant modifications to the project details of a registered real estate development. The modification was sought by the promoter due to a challenging market scenario, necessitating a change in development planning. The core change involves scaling down the project scope, specifically deferring the development and sale of one tower and continuing development solely in the remaining tower. In exercise of powers under Section 14 of the RERA Act, the Authority approved the following material changes: 1. **Reduction in Scale:** The total land area, built-up area, and the number of units were substantially reduced. 2. **Tower Count:** The project was modified from having two towers to a single tower. The Authority accepted the promoter's declaration that these modifications would not adversely affect the rights and interests of the allottees, and the promoter waived any claim for a refund of registration fees due to the reduction in land area. The Authority has consequently allowed the changes and directed the issuance of a Modified 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: Belmont Devcon Pvt. Ltd. & Respondent: West Bengal Real Estate Regulatory Authority vs WBRERA |
This order addresses an application for the extension of a real estate project's registration validity under the provisions of the Real Estate (Regulation and Development) Act, 2016. The Authority reviewed the promoter's request for an extension, noting that the project's original registration expired on September 30, 2023, and the construction remained incomplete. The promoter cited significant delays, attributing them primarily to the *force majeure* conditions created by the COVID-19 pandemic, including nationwide lockdowns, supply chain disruptions, and financial difficulties affecting allottee payments. After careful consideration, the Authority found 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 subsequent handover of units to allottees, the Authority exercised its powers under Section 6 of the RERA Act. Consequently, the Authority granted an extension of the project's registration for a period of twelve months, effective from October 1, 2023, to September 30, 2024. The order emphasizes that this extension is granted as a special case and does not set a precedent for future applications. The promoter is directed to comply with necessary procedural requirements for formalizing this extension. | |
| X-Y-Z | Section 6 of RERA, 2016; Rule 7 of the West Bengal RERA Rules; Section 7(3) read with Section 6 of the RERA Act, 2016. |
Complainant: The Allottees/Home buyers
Respondent: Belmont Devcon Pvt. Ltd vs WBRERA |
This order addresses the application for an extension of the project registration under the Real Estate (Regulation and Development) Act, 2016. The Authority reviewed the request for an extension of the project, citing reasons for non-completion within the original validity period. The promoter submitted affidavits detailing delays attributed to factors such as the COVID-19 pandemic, resource constraints, and delays in fund disbursement from financial institutions. After careful consideration, the Authority found that a delay exists and that an extension is necessary to safeguard the interests of the allottees and ensure the project's completion and handover. 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. The validity period has been extended from 01.10.2024 to 30.09.2025. Crucially, the extension is granted subject to strict compliance conditions. The promoter must submit a detailed Work Milestone within 15 days, upload Quarterly Updates within 7 days of the quarter end, and provide mandatory Work Milestones every 90 days. The Authority reserves the right to conduct inspections and revoke the extension if any misrepresentation or discrepancy is found. | |
| X-Y-Z | Section 6 of the Real Estate (Regulation and Development) Act, 2016; 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 the real estate project, citing the provisions of the RERA Act, 2016. The Authority reviewed the promoter's detailed submissions explaining the significant delays in project completion. The reasons cited for the delay were multifaceted, including the impact of the COVID-19 pandemic (labor shortages and lockdowns), prolonged construction obstructions (such as drainage work), a legal dispute leading to a stay order on the land, and scarcity/high pricing of essential raw materials. After careful consideration, the Authority concluded that the delay was not attributable to any default or negligence on the part of the promoter. Therefore, the Authority exercised its power under Section 6 of the RERA Act, granting an extension of the project registration for a period of twelve months (one year), effective from October 1, 2023, to September 30, 2024. The extension was granted on the grounds of *force majeure* due to the pandemic. The order emphasizes that this extension is crucial for protecting the interests of allottees and obtaining the Completion Certificate. The promoter is directed to immediately submit the necessary online application to formalize this extension. | |
| 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 (Implicitly, they are the ones whose interests are being safeguarded)
Respondent: The Authority (West Bengal Real Estate Regulatory Authority) vs WBRERA |
This order addresses an application for the extension of the registration period for a real estate project. The Authority reviewed the request for a six-month extension, citing the need to complete remaining works and facilitate the handover of possession to allottees. The Authority considered the detailed submissions explaining the delays, which included disputes with the project landlord regarding payments and temporary shortages of raw materials. After careful examination, the Authority concluded that due to special circumstances and to safeguard the interests of the allottees, an extension of the project registration was deemed necessary. Therefore, the Authority unanimously granted the extension of the project registration for a period of six months, effective from October 1, 2024, to March 31, 2025. The order stipulates that this extension is granted as a Special Case and should not be treated as a precedent. Furthermore, the Applicant is directed to immediately submit an online application, deposit fees (twice the original registration fees), and comply with all procedural requirements to receive the official extension 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: The Allottees/Home buyers (beneficiaries)
Respondent: GLS Realty Pvt. Ltd (The Applicant Promoter) 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 was set to expire, and the promoter sought an extension, citing difficulties in completing the construction by the stipulated date. The primary justification provided for the extension was the requirement to achieve Platinum certification from the Indian Green Building Council (IGBC). The promoter explained that while the main construction is complete, specialized works (such as solar water heaters and roof vegetation) are still ongoing and require approximately 12 months to finalize, which is necessary before applying for the Occupancy Certificate. After careful consideration of the documents, the Authority determined that an extension was necessary to safeguard the interests of the allottees and ensure the timely completion and handover of units. Therefore, the Authority unanimously granted the extension of the project registration for a period from October 1, 2024, to September 30, 2025. The order stipulated that this extension is granted as a special case and is not to be treated as a precedent. Furthermore, the promoter was directed to immediately submit the required online application (Form E) and deposit fees equivalent to twice the original registration fees to formalize the extension. | |
| X-Y-Z | Section 6 of RERA, 2016. Section 7(3) read with Section 6 of RERA, 2016. |
Complainant: Mindplus IT Solutions Private Limited & Respondent: West Bengal Real Estate Regulatory Authority vs WBRERA |
This order addresses the application for an extension of the registration of the real estate project, 'Shyam Residency Phase - I'. The Authority noted that the project's original registration validity expired on December 31, 2023, and the Promoter sought an extension until July 27, 2028. The Authority examined the reasons for the delay, citing factors such as the prolonged impact of the COVID-19 pandemic and subsequent financial resolutions. Recognizing that the extension is crucial to safeguard the interests of the allottees and facilitate the project's completion and obtaining the Completion Certificate, the Authority exercised its powers under the RERA Act. Consequently, the extension of the project registration is hereby granted for a period spanning from January 1, 2024, to July 27, 2028. However, this grant is subject to stringent compliance conditions. The Promoter must submit a detailed Work Milestone Affidavit within 15 days. Furthermore, the Promoter is mandated to upload quarterly project updates on the WBRERA website and submit a comprehensive Work Milestone Affidavit every 90 days, detailing progress and pending work. The Authority reserves the right to conduct unannounced inspections and take stringent action, including revocation, for any non-compliance. | |
| X-Y-Z | Section 15 of the RERA Act, 2016; Section 15(1) of the RERA Act, 2016; and Section 13 of the SARFAESI Act, 2002. |
Complainant: N/A
Respondent: N/A vs WBRERA |
This order addresses an application filed under Section 15 of the Real Estate (Regulation and Development) Act, 2016, seeking prior written approval for the transfer of majority rights and liabilities of a real estate project. The Authority reviewed the submissions detailing the necessity of changing the developer. The erstwhile promoter faced financial difficulties, including defaulting on construction finance, leading to the suspension of activities. To ensure the timely completion and improvement of the project, a strategic partnership was formed with the intending promoter. The Authority noted that since no allottees had booked units or received advances, the transfer of rights and liabilities could proceed without requiring prior consent from the allottees. After careful consideration, the Authority exercised its power under Section 15(1) of the RERA Act, 2016, and granted the necessary prior approval. The change of the developer is deemed essential for the project's development, with the erstwhile promoter retaining the role of the Landowner and the intending promoter assuming the role of the Main Promoter/Intending Developer. The Authority directed the necessary documentation and updates to be made on the official website. | |
| X-Y-Z | Section 15 (RERA Act, 2016), Section 15(1) (RERA Act, 2016), Section 13 (SARFAESI Act, 2002), and Section 15(1) (RERA Act, 2016). |
Complainant: N/A
Respondent: N/A vs WBRERA |
This order addresses the application for prior written approval regarding the transfer of majority rights and liabilities of a real estate project. The Authority reviewed the submission detailing the necessity of changing the developer due to the erstwhile promoter's financial difficulties, including loan defaults and the project's suspension of construction activities. The submission confirmed that the financial issues have since been resolved, and a new strategic partnership has been formed. The Authority noted that since no bookings or advances have been received for the project, the requirement of obtaining consent from existing allottees is not applicable. After careful consideration, the Authority found that the change in the developer is necessary for the improvement, development, and timely completion of the project. It concluded that the rights and interests of the allottees remain unaffected by this transfer. Therefore, exercising powers under Section 15(1) of the RERA Act, the Authority granted the necessary prior approval for the change of the developer. The order mandates the updating of the project details and the issuance of a modified certificate on the official regulatory website. | |
| X-Y-Z | Section 6 of RERA Act, 2016; Section 7(3) read with Section 6; Section 6 read with Section 7(3); Section 6 read with Section 7(3). |
Complainant: Mindplus IT Solutions Private Limited & Respondent: West Bengal Real Estate Regulatory Authority 7 vs WBRERA |
This order addresses the application for an extension of registration for the real estate project, citing the need to safeguard the interests of the allottees. The Authority, after reviewing the Promoter's detailed affidavit and supporting documents, found that an extension was necessary to prevent the project from coming to a halt, which would detrimentally affect the home buyers. Consequently, the Authority exercised its powers under the RERA Act to grant the extension of registration for the project. The operative period has been extended from January 1, 2024, to July 27, 2028. Crucially, the extension is granted subject to stringent compliance conditions. The Promoter must submit a comprehensive Work Milestone report within 15 days. Furthermore, the Promoter is mandated to upload Quarterly Updates on the WBRERA website and submit detailed Work Milestones every 90 days. The Authority reserves the right to conduct unannounced inspections and warns that any discrepancy or misrepresentation will lead to stringent action, including the revocation of the extension. This order is issued as a special case and is not to be treated as a precedent. |