| Date of Order | Sections Invoked | Complainant & Respondent | Summary of Case | Download |
|---|---|---|---|---|
| X-Y-Z | Section 14(2)(ii) of the RERA Act, 2016, and Rule 16(5) of the West Bengal Real Estate (Regulation and Development) Rules, 2021. |
Complainant: DJKA DEVELOPERS PVT. LTD. & Respondent: N/A vs WBRERA |
This order, issued by the West Bengal Real Estate Regulatory Authority (WBRERA), grants approval for significant alterations and modifications to the sanctioned plan of the project ‘RB 135’. The Authority addressed the statutory requirement under Section 14(2)(ii) of the RERA Act, 2016, concerning the prior written consent of two-thirds of existing allottees. The Authority accepted the Applicant’s submission, finding that since no units had been allotted to date, the requirement for allottee consent was not applicable. In exercise of its powers, the Authority formally allowed the changes necessitated by the revised sanctioned plan. The approved modifications include an increase in the total built-up area (from 3079 sqm to 3593 sqm), adjustments to the total carpet area, and changes in the number of residential and commercial units. The order mandates that the Secretary issue a Modified Certificate and immediately update all approved changes on the official WBRERA website, thereby formalizing the revised project details. | |
| X-Y-Z | Section 31 of RERA Act, 2016 read with Rule 36 of WBRERA Rules 2021. Also, section 2g(4) of the Real Estate (Regulation and Development) Act, 2016. |
Complainant: Dinesh Chandra Agarwal
Respondent: Smt. Mahamaya Khan and Ors. vs WBRERA |
This order addresses a complaint concerning the non-transfer of title and possession of a flat, stemming from an agreement executed in 2006. The Authority first establishes its jurisdiction, noting that the matter has been transferred from the erstwhile WBHIRA to the current RERA framework, in line with Supreme Court directives. The core dispute revolves around the complainant's claim for possession of a legally constructed flat, despite having paid substantial consideration. The complainant alleges that the developer and landowners have failed to provide the necessary Completion Certificate or execute the Deed of Conveyance. Finding the complainant to be an intending purchaser, the Authority directs several actions for the matter's progression. Key operative directions include: 1. Amending the records to substitute deceased parties. 2. Directing the respondents/successors to produce the Completion Certificate and all requisite legal documents pertaining to the flat. 3. Mandating the respondents to submit a detailed written response and supporting affidavits within 15 days. 4. Issuing a strict warning that failure to appear on the next date will result in the matter being disposed of *ex-parte*. The Authority fixed the next hearing date for further proceedings. | |
| X-Y-Z | Section 6 of the Real Estate (Regulation and Development) Act, 2016. |
Complainant: N/A
Respondent: NILAMBUR CREATORS LLP vs WBRERA |
This order addresses the application for an extension of registration for the real estate project, citing the inability of the promoter to complete the project within the original validity period. After reviewing the promoter's affidavit and supporting documents, the Authority found that an extension was necessary to facilitate the completion of the project, obtain the Completion Certificate, and ensure the handover of units to allottees. Consequently, the Authority unanimously granted the extension of the project's registration for a period of one year, effective from 01.10.2025 to 30.09.2026. However, this grant is subject to strict compliance and penalties. The promoter is liable to pay a penalty of ₹5,35,420/- as stipulated under the relevant RERA regulations. Furthermore, the promoter must submit a detailed Work Milestone plan for the entire project duration within 15 days of receiving the order. The Authority emphasized that the extension does not compromise the rights of existing allottees. The order concludes by reserving the right for the Authority to conduct inspections and take stringent action, including revocation of the extension, if any misrepresentation or discrepancy is found. | |
| X-Y-Z | Section 15, 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 transfer of majority rights and liabilities of a real estate project. The Authority reviewed submissions from the existing promoter and the intending promoter regarding the change of the developer for the project. The core issue was the assignment of the project's rights and obligations from the erstwhile developer to the new developer. After considering the affidavits and submissions, the Authority found that the change in promoter was necessitated by the need for improved branding, marketing, and visibility of the project. Crucially, the Authority determined that the rights and interests of the existing allottees would remain unaffected by this transfer. Therefore, in exercise of its powers, the Authority granted the necessary prior approval for the change of the developer. The order directs the concerned authority to issue a modified project certificate and update the records on the official website immediately, thereby formalizing the transfer of the project's rights and liabilities. | |
| X-Y-Z | Section 14(2)(ii) of the RERA Act, 2016, and Section 14 of the Real Estate (Regulation & Development) Act, 2016. |
Complainant: N/A
Respondent: N/A vs WBRERA |
This order, issued by the West Bengal Real Estate Regulatory Authority (WBRERA), addresses an application seeking approval for alterations to the project details of 'Siddha Sky BLU' due to a revised sanctioned plan. The Authority reviewed the submissions, including an affidavit and an offline hearing, concerning the proposed changes. A critical aspect of the application was the confirmation that the Applicant had obtained the mandatory previous written consent of at least two-thirds of allottees, other than the promoter, thereby fulfilling the statutory requirements under Section 14(2)(ii) of the RERA Act, 2016. Finding that the changes were necessitated by the revised sanctioned plan and that all statutory compliances were duly met, the Authority exercised its power under Section 14 of the RERA Act. Consequently, the Authority approved the incorporation of the revised project details. The order specifies several material changes, including an increase in covered car parking capacity and adjustments to the total built-up and carpet areas. Finally, the Authority directed the Secretary to issue a Modified Certificate and immediately update these approved changes on the official WBRERA website. | |
| X-Y-Z | Section 6 of RERA Act, 2016; Rule 7 of West Bengal Rules, 2021; A1/B3 category of New Extension Regulation (921-RERA); Form F of West Bengal Rules, 2021. |
Complainant: N/A
Respondent: N/A vs WBRERA |
This order addresses an application seeking an extension of the project registration for 'SOVA ABASAN'. After reviewing the submitted documents and considering the delay in project completion, the Authority found that an extension was urgently required. The Authority has unanimously granted the extension of the project registration for a period commencing from October 1, 2025, and concluding on March 31, 2026. However, this extension is conditional and comes with the imposition of a penalty of Rs. 10,304/- for violation of the New Extension Regulation. The certificate of extension will only be issued upon payment of this penalty. Crucially, the Promoter must adhere to strict compliance measures, including: 1. Submitting a comprehensive World Milestone for the entire project within 15 days. 2. Uploading Quarterly Project Updates on the Authority's website within 7 days of the quarter's end. 3. Submitting a detailed Work Milestone report every 90 days. The Authority reserves the right to conduct unannounced inspections and take stringent action, including revocation of the extension, if any discrepancy or misrepresentation is found. | |
| X-Y-Z | Section 6 of the RERA 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 registration for a real estate project, whose original validity had expired. After reviewing the promoter’s affidavit and supporting documents, the Authority found that a delay in project completion necessitated an extension to facilitate the obtaining of the Completion Certificate and the handover of units to allottees. The Authority, therefore, unanimously granted the extension of the project's registration for a period of one year, specifically from February 26, 2025, to February 25, 2026. However, this extension is subject to strict compliance and the imposition of a penalty of Rs. 23,184/- for contravention. The promoter must pay this penalty amount to the Authority's designated bank account. Furthermore, the promoter must submit a detailed Work Milestone Affidavit within 15 days. Ongoing compliance requires the submission of Quarterly Updates and detailed Work Milestones every 90 days. The Authority reserves the right to conduct inspections and may revoke the extension if any discrepancy or misrepresentation is found. | |
| X-Y-Z | Section 6 of RERA Act, 2016; Rule 7 of WB Rules, 2021; Category B 3 of New Extension Regulation (921-RERA); RERA Act (General provisions). |
Complainant: SUN SHAKTI REALTOR LLP & Respondent: West Bengal Real Estate Regulatory Authority vs WBRERA |
This order, issued by the West Bengal Real Estate Regulatory Authority (WBRERA), addresses an application for the extension of the project registration for 'SUN LAKE RESIDENCY'. The Authority, after reviewing the promoter's affidavit and supporting documents, found that an extension was necessary due to delays in project completion. Consequently, the Authority unanimously granted the extension of the project registration for a period of one year, specifically from January 1, 2026, to December 31, 2026. This extension is subject to several strict compliance conditions. The promoter must first pay a penalty of Rs. 13,752/-. Furthermore, the promoter is mandated to submit a detailed Work Milestone Affidavit within 15 days of receiving the order. Ongoing compliance requires the promoter to upload quarterly project updates on the WBRERA website within seven days of the quarter's end, and to submit a comprehensive Work Milestone Affidavit every 90 days, detailing work completed and work pending. The Authority reserves the right to conduct unannounced inspections and may revoke the extension for any discrepancy or misrepresentation. | |
| X-Y-Z | Section 6 of the RERA Act, 2016, read with Rule 7 of the West Bengal Real Estate (Regulation and Development) Rules, 202. The Authority also cited the extension Regulation dt. 19.08.2025. |
Complainant: N/A
Respondent: UTKARSH ESTATES vs WBRERA |
This order addresses an application seeking an extension for the registration of a real estate project. The Authority, after reviewing the promoter's affidavit and supporting documents, found that a delay in project completion necessitated an extension to facilitate the completion certificate and handover process. The Authority has unanimously decided to grant an extension of the project registration for a period of one year, specifically from April 1, 2026, to March 31, 2027. Crucially, this extension is conditional and mandates strict compliance. The promoter is required to pay a penalty of Rs. 65,394/- for the contravention of regulations. Furthermore, the promoter must submit a detailed Work Milestone Affidavit within 15 days of receiving the order. Ongoing compliance mandates include uploading quarterly project updates on the WBRERA website and submitting a detailed Work Milestone Affidavit every 90 days thereafter. The Authority reserves the right to conduct unannounced inspections and warns that any discrepancy or failure to adhere to these terms may lead to stringent action, including the revocation of the granted extension. | |
| X-Y-Z | Section 6 of RERA Act, 2016; Rule 7 of WBRE Rules, 2021; Category B 3 of New Extension Regulation (921-RERA); RERA Act (general provisions). |
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 real estate project, VINDHYA PRIMROSE. The Authority noted that the project's original registration validity expired on 31.12.2025, and the promoter sought an extension due to delays in completion. After reviewing the submitted documents and hearing the applicant, the Authority found that an extension was necessary. Consequently, the Authority unanimously granted the extension of the project's registration for a period from January 1, 2026, to December 31, 2026. Crucially, the extension is subject to strict compliance and the imposition of a penalty of Rs 28,512/- for contravention of the relevant extension regulations. The promoter must pay this penalty and submit a notarized affidavit detailing the complete work milestone by the extended deadline. Furthermore, the promoter must provide mandatory quarterly updates and detailed work milestones every 90 days. The Authority reserves the right to conduct inspections and revoke the extension if any discrepancy or misrepresentation is found. | |
| X-Y-Z | no section has been evoked. |
Complainant: Anil Agaruval
Respondent: West Bengal Real Estate Regulatory Authority vs WBRERA |
This order, passed by the Authority, outlines critical procedural directives following the hearing. The Authority took record of the respondent's two previous submissions and mandated that copies be immediately forwarded to the complainant via speed post and email to ensure procedural fairness. The complainant was directed to promptly send a copy of their complete affidavit and a signed complaint petition to the respondent. Crucially, the respondent was granted a final opportunity to submit a Written Response on Notarized Affidavit. This response must be served on the complainant and the Authority within seven days of receiving the complainant's affidavit. The complainant, in turn, must submit a consolidated Rejoinder on Notarized Affidavit within fifteen days of receiving the order. This rejoinder must specifically address the respondent's claims, including the alleged monthly payment of Rs. 5,00,000/-. Finally, the respondent was warned that failure to appear on the next date of hearing will result in the matter being disposed of *ex-parte*. The proceedings are scheduled for further hearing on 26.05.2023. | |
| X-Y-Z | no section has been evoked. The document discusses the scope and transfer of jurisdiction under the RERA Act, but does not cite specific sections. |
Complainant: Suman Bej
Respondent: Dharitri Infraventure Private Limited vs WBRERA |
This order addresses two related complaints, first resolving the procedural history and then issuing operative directions regarding compensation. The Authority first noted the Supreme Court's directive, which mandated the transfer and disposal of all matters previously handled by the erstwhile regulatory body under the Central Act. Consequently, the Authority dismissed and closed the older complaint, proceeding solely with the currently filed petition. During the hearing, the Respondent submitted a notarized affidavit proposing a structured refund of ₹13,60,000/- over five monthly installments, commencing in April 2023. While the Complainant accepted the payment schedule, they reserved the right to challenge the total refund amount. The Authority issued the following directions: 1. The Respondent must immediately commence the installment payments as per the agreed schedule. 2. The Complainant is granted a period of fifteen days from the date of receiving the order to submit a notarized affidavit detailing any discrepancies regarding the total refund amount. The matter is scheduled for review on a subsequent date. | |
| X-Y-Z | Section 56 of the Real Estate (Regulation and Development) Act, 2016; Order 3 Rule 2 of Civil Procedure Court. |
Complainant: Subhajit Sen
Respondent: Dhoot Realtors Private Limited vs WBRERA |
This order addresses a procedural irregularity concerning the representation of the Complainant before the Authority. The Authority noted that the Complainant’s father appeared and signed the affidavit on his behalf. Citing Section 56 of the Real Estate (Regulation and Development) Act, the Authority affirmed that the father cannot legally represent the Complainant. Consequently, the affidavit submitted by the Complainant, as well as the written response filed by the Respondent based on that affidavit, have been rejected. The Authority directed the Complainant to rectify this procedural lapse by appearing in person or executing a formal Power of Attorney (POA) in favor of a legal representative. Both parties have been given a strict deadline of fifteen days to resubmit their respective pleadings. The Complainant must file a fresh complaint petition and affidavit on a notarized affidavit, annexing all supporting documents. Similarly, the Respondent must submit a written response on a notarized affidavit. The matter is fixed for further hearing after compliance with these directions. | |
| X-Y-Z | no section has been evoked. |
Complainant: Bishal Barnwal
Respondent: Rajwada Developers vs WBRERA |
This order, issued by the Authority after hearing detailed submissions from both parties, sets forth specific directions to clarify outstanding financial claims and possession timelines. The Respondent is directed to submit a Supplementary Notarized Affidavit within 15 days. This affidavit must include a comprehensive, date-wise chart detailing demands raised, payments received, and the corresponding calculation of interest for payment delays. Furthermore, the Respondent must provide a detailed breakup of the claimed delay payment amount (Rs 7,38,968/-), annex supporting documents, and state the scheduled date of possession, the date of communication regarding possession, and the total amount of delay. The Complainant is similarly directed to submit a Rejoinder within 15 days. This rejoinder must contain a date-wise table of demands, payments, and any delay. The Complainant must also include the scheduled date of possession, the date of communication regarding possession, and the amount of delay. Additionally, the Complainant is mandated to include the name of his wife as a second complainant. The Authority has fixed the next hearing date for 28.08.2023 to review the compliance with these directives. | |
| X-Y-Z | The complaint primarily invokes provisions related to deficiency of service, failure to complete promised amenities, and non-adherence to the sanctioned plan under the Real Estate (Regulation and Development) Act, 2016 (RERA). |
Complainant: Sanchita trlalik Ghole
Respondent: Sukdeb Koley vs WBRERA |
This order was passed by the West Bengal Real Estate Regulatory Authority after an online hearing, noting the absence of the respondent despite due service of notice. The core grievance pertains to the failure of the promoter to complete essential common area works and amenities, despite the complainant having received a Deed of Conveyance for a booked flat. The deficiencies cited include the lack of open paths, proper entrances and exits, complete water infrastructure (pumps, reservoirs, pipes), and comprehensive electrical wiring for common areas, main gates, and lifts. The complainant also sought the promoter's deposit of funds for transformer installation. The Authority admitted the matter for further hearing. Consequently, the complainant has been directed to submit an original affidavit, along with copies for the respondent, within 15 days. Conversely, the respondent must submit a detailed written response on a notarized affidavit, annexing supporting documents and serving a copy to the complainant, also within 15 days. The matter is fixed for a subsequent hearing and order. | |
| X-Y-Z | Section 31 RERA Act, 2016, read with Rule 36 of the WBRERA Rules, 2021. |
Complainant: Danish Javed
Respondent: Aslam Hussain Khan vs WBRERA |
This order, issued by the West Bengal Real Estate Regulatory Authority, addresses a dispute arising from a Development Agreement concerning a residential construction project. The core dispute involves an owner who entered into an agreement with a developer to construct a G+5 storied building on the owner's property. The owner alleges that the developer failed to complete the project within the stipulated timeframe, failed to deliver possession of the owner's allocated share, and potentially constructed the building contrary to the sanctioned plans of the Howrah Municipal Corporation. The Authority, after hearing the owner, admitted the matter for further proceedings under Section 31 of the RERA Act. The Authority issued specific directions to both parties: 1. The owner is directed to submit a notarized affidavit detailing the complaint, along with supporting documents, within fifteen days. 2. The developer is directed to submit a written response on a notarized affidavit, annexing supporting documents, within fifteen days. The matter is scheduled for further hearing on 03.10.2023, requiring both parties to adhere strictly to the procedural timelines set by the Authority. | |
| X-Y-Z | no section has been evoked. |
Complainant: Smarajit Kotal and Sumouli Das
Respondent: Dharitri Infraventure Private Limited vs WBRERA |
This order was passed by the Authority after hearing detailed submissions regarding a dispute over a registered 3 katha plot and associated payments. The complainant had paid a total sum and sought relief due to dissatisfaction with the project's construction progress and the plot's position. After considering the written submissions, the Authority issued specific directives to the respondent. The respondent is mandated to take three key actions: First, the respondent must buy back the registered plot of land within 90 days from the date of receiving the order. Second, the respondent must refund the principal amount of Rs. 12,26,464, along with interest calculated at SBI PLR + 2% per annum, within 4 days. Third, the respondent must refund the registration cost of the 3 katha plot, amounting to Rs. 82,464, within 45 days. With these directions, the Authority disposed of the matter, ensuring the timely refund of funds and the buyback of the property. | |
| X-Y-Z | Section 6 of RERA Act, 2016; Rule 7 of WBRE Rules, 2021; Section 7(3) of RERA Act, 2016. |
Complainant: The Allottees (represented by the Authority's interest in protecting consumer interest)
Respondent: ABASAN KOLKATA (The Applicant Promoter) vs WBRERA |
This order, issued under the provisions of the Real Estate (Regulation and Development) Act, 2016, addresses the request for an extension of project registration. The Authority, after reviewing the submissions, found that a delay in project completion was evident, necessitating an extension to safeguard the interests of allottees. Consequently, the registration of the project is hereby extended from 01.10.2024 to 31.12.2025. The extension is granted on the ground of reasonable circumstances and is subject to stringent compliance conditions. The Promoter must adhere to the following mandates: 1. **Work Milestones:** Submit a detailed Work Milestone for the entire project within 15 days of receiving the order. 2. **Reporting:** Upload Quarterly Updates on the WBRERA website within 7 days of the end of each quarter. 3. **Progress Reports:** Submit a detailed Work Milestone, both in hard and scan copies, within 7 days after the expiry of every 90 days, specifying work completed and work pending. The Authority reserves the right to conduct unannounced inspections and may revoke the extension if any discrepancy or misrepresentation is found. | |
| X-Y-Z | Section 6 (RERA Act, 2016); Rule 7 (West Bengal Rules, 2021); Section 7(3) read with Section 6 (RERA Act, 2016); Section 6 read with Section 7(3) (RERA Act, 2016); Section 6 read with Section 7(3) (RERA Act, 2016). |
Complainant: Allottees
Respondent: ABASAN KOLKATA vs WBRERA |
This order addresses an application for the extension of project registration under the provisions of the Real Estate (Regulation and Development) Act, 2016. The Authority reviewed the promoter's submissions, which cited delays in fund arrangement and obtaining the Completion Certificate as reasons for non-completion by the original deadline. Finding that the project's continuation is crucial to safeguard the interests of the allottees and prevent the project from stalling, the Authority exercised its powers to grant the extension. The registration of the project is hereby extended from 01.10.2024 to 31.12.2025. Crucially, this extension is granted subject to stringent compliance conditions. The promoter must submit a detailed Work Milestone for the entire project within 15 days. Furthermore, the promoter must upload quarterly updates on the WBRERA website and submit a detailed Work Milestone report to the Authority within seven days following the expiry of every 90-day period. The Authority reserves the right to conduct unannounced inspections and take stringent action, including revocation of the extension, for any discrepancy or failure to comply with these mandated timelines. | |
| X-Y-Z | Section 35 of the Real Estate (Regulations and Development) Act, 2016; Order 11 Rule 14 of CPC; and Section 151 of CPC. |
Complainant: Kamlesh Gandhi
Respondent: Rajesh Jalan vs WBRERA |
This order details the proceedings before the Authority concerning a complaint filed under RERA. The Authority considered an application filed by one of the respondents, seeking directions to compel both the complainant and the other respondent (a bank) to produce various documents, such as agreements, time schedules, and sanction plans. The Authority rejected these specific requests, noting that the complainant had already submitted the necessary authenticated documents. Subsequently, the Authority issued several binding directions: 1. The other respondent must be formally served copies of the complaint, previous orders, and the current order. 2. Both the respondent and the other respondent are mandated to submit their comprehensive written response, on a notarized affidavit, addressing both the complaint petition and the complainant's affidavit. 3. This response must be filed within 15 days of receiving the order via email. 4. Crucially, the Authority declared this the final opportunity for both parties to submit their written response. 5. Furthermore, both respondents are directed to appear physically on the next hearing date, failing which the Authority will proceed with the matter *ex-parte*. |