| Date of Order | Sections Invoked | Complainant & Respondent | Summary of Case | Download |
|---|---|---|---|---|
| X-Y-Z | Section 31 of the Real Estate (Regulation and Development) Act, 2016, and Rule 36 of the West Bengal Real Estate (Regulation and Development) Rules, 2021. |
Complainant: Manas Chatterjee & Respondent: Riverbank Developers Private Limited vs WBRERA |
The Authority admitted the complaint petition concerning the non-refund of funds paid for a real estate unit in a project that the developer subsequently abandoned. The complainant sought the refund of Rs. 6,90,403/- with interest, along with compensation for mental harassment. After hearing both parties, the Authority directed the matter for further hearing under Section 31 of the RERA Act. The order mandates specific procedural steps for both sides. The complainant is directed to submit a notarized affidavit detailing all payments chronologically, attaching supporting documents, and serving the original affidavit to the Authority and the respondent within fifteen days. Similarly, the respondent is directed to submit a written response on a notarized affidavit, annexing supporting documents, and serving the original affidavit to the Authority and the complainant within fifteen days of receiving the complainant's affidavit. The Authority has thus set forth a clear timeline and documentation requirement, ensuring both parties are formally placed on record to proceed with the substantive hearing and final order. | |
| X-Y-Z | Section 31 of the Real Estate (Regulation and Development) Act, 2016, read with Rule 36 of the West Bengal Real Estate (Regulation and Development) Rules, 2021. |
Complainant: West Bengal Real Estate Regulatory Authority & Respondent: Emami Realty Limited vs WBRERA |
This order addresses a complaint concerning the allotment and subsequent termination of a sub-lease agreement for a commercial flat. The Authority first noted the procedural transfer of the complaint, following the Supreme Court's directive, and dismissed a related petition due to the same cause of action. The core dispute revolves around the complainant's claim for the performance of contractual obligations and the quantification of interest due to the developer's delay. The complainant alleged that despite making substantial payments, the agreement was terminated by the developer, citing outstanding dues, even though the project completion was significantly delayed. The complainant sought the quashing of the termination order and the payment of interest for culpable delay. After hearing both parties, the Authority admitted the matter for further hearing under Section 31 of the RERA Act. The Authority issued specific directions: 1. The complainant is directed to submit a detailed submission via a notarized affidavit, along with supporting documents, within fifteen days. 2. The developer is directed to submit a written response via a notarized affidavit, along with supporting documents, within fifteen days. Both parties must submit these affidavits to the Authority and serve copies to the opposing party for the next hearing. | |
| X-Y-Z | Section 31 of the Real Estate (Regulation and Development) Act, 2016; Rule 36 of the West Bengal Real Estate (Regulation and Development Rules, 2021. |
Complainant: Sri. Shyaml Kumar Banerjee
Respondent: Rishav Real Estate vs WBRERA |
This order, passed by the West Bengal Real Estate Regulatory Authority, addresses a complaint concerning the booking of a plot in a real estate project. The core dispute revolves around the failure to execute a registered sale agreement despite the payment of substantial advance amounts (totaling Rs. 4,61,000). The complainant alleges that the developer misled them regarding the project's regulatory status and, upon seeking a refund, attempted to illegally deduct 30% of the deposited funds. The complainant seeks the full refund of the principal amount along with accrued interest. The Authority admitted the matter under Section 31 of the RERA Act, 2016. The order establishes a clear procedural path for resolution. The complainant is directed to submit a notarized affidavit detailing their complaint and supporting documents within thirty days. Conversely, the developer is mandated to submit a written response on a notarized affidavit, along with supporting documentation, within thirty days. Crucially, the Authority issued an interim direction restraining the developer from transferring or alienating the subject plot of land until the matter is finally disposed of. The matter is scheduled for further hearing on 07.05.2024. | |
| X-Y-Z | Section 3 of the Real Estate (Regulation and Development) Act, 2016, read with Rule 36 of the West Bengal Real Estate (Regulation and Development) Rules, 2021. |
Complainant: Chayan Purkayastha
Respondent: M/s. Millennium India Construction and Debasish Sarkar and Samir Kumar Halder vs WBRERA |
The Authority admitted the complaint matter for further hearing, addressing a dispute concerning a sale agreement dated 22.09.2012 for a flat and parking space. The core issue revolves around the failure to hand over the property vacant and unencumbered within the stipulated timeframe of 24 months, despite the project being developed in a manner requiring mandatory registration under the Real Estate (Regulation and Development) Act, 2016. The complainant sought reliefs including possession or refund of the entire amount with interest, compensation for mental trauma, and a restraining order against the sale or alienation of the property. Instead of passing a final order, the Authority issued procedural directions. The complainant is directed to submit a notarized affidavit with supporting documents within fifteen days. The respondent is similarly directed to file a written response on a notarized affidavit within fifteen days of receiving the complainant's affidavit. Crucially, the respondent must also clarify whether the project is registered with WBRERA and, if not, provide the reasons for non-registration. The matter has been fixed for further hearing on 28.06.2024. | |
| X-Y-Z | no section has been evoked. |
Complainant: Abhishek Grover
Respondent: M/s. Soumita Construction Private Limited vs WBRERA |
This order addresses the procedural continuation of a complaint previously filed with the erstwhile regulatory authority. The proceedings were significantly impacted by the Supreme Court's directive, which clarified that the striking down of the previous authority does not invalidate pre-existing orders or sanctions. Consequently, the primary complaint case is formally transferred to the current Authority to continue proceedings from the execution stage. The instant case is disposed of as the cause of action is identical to the transferred matter. The Authority issued specific compliance directions to both parties. The Complainant is directed to submit a notarized affidavit detailing the current status of the main complaint, including a tabular breakdown of all payments made, amounts, dates, and any refunds received, along with copies of all prior orders, within 15 days. The Respondent is similarly directed to submit a notarized affidavit containing a comprehensive refund schedule. This schedule must specify the date and amount of installments for refunding the principal amount plus interest, as mandated by the final order, within 15 days. A further hearing is scheduled for 19.02.2024 to ensure compliance with these directives. | |
| X-Y-Z | Section 18 of the RERA Act, 2016. Also, Section 38 read with Section 61 of the RERA Act, 2016. |
Complainant: Manashi Paul
Respondent: Simoco Systems and Infrastructure Solutions Ltd. & G.S. Electrocom Private Limited vs WBRERA |
The Authority reviewed the submissions and affidavits regarding the failure to hand over possession of the flat within the stipulated timeline. Finding that the developer was in breach of its obligation, the Authority directed the developer to refund the principal amount paid, along with interest, as per Section 18 of the RERA Act, 2016. The Authority mandated the following specific directions: 1. **Refund Amount:** The developer must refund the principal amount of Rs. 12,11,690, plus interest calculated at the SBI Prime Lending Rate + 2% per annum, effective from the respective dates of payments made until the date of realization. 2. **Payment Schedule:** The refund must be structured into two parts: * The Principal Amount shall be paid in four equal consecutive monthly installments, commencing in January 2024 and concluding in April 2024. * The Interest Amount shall be paid in two equal consecutive monthly installments, commencing in May 2024 and concluding in June 2024. 3. **Compliance:** The refund must be made via bank transfer. The complainant was directed to provide her bank details to the developer within three days. The Authority emphasized that failure to comply with this order may result in penalties under the Act. The matter was fixed for further review on April 3, 2024. | |
| X-Y-Z | Section 31 of the Real Estate (Regulation and Development) Act, 2016, and Rule 36 of the West Bengal Real Estate (Regulation and Development) Rules, 2021. |
Complainant: Rupendra Narayan Ghosh & Pravati Ghosh.
Respondent: Deepraj Construction Pvt. Ltd. vs WBRERA |
The Authority admitted the matter for further hearing under the provisions of the Real Estate (Regulation and Development) Act, 2016. The core complaint revolves around significant post-possession defects in a residential flat, which was taken over in 2022. Specific grievances include the discovery of fully damaged bathroom tiles, substandard and improperly fixed tiles in living areas, and poor quality wooden door frames. Furthermore, the complainants alleged a financial dispute concerning a bearer cheque of Rs. 3 lakhs, which they claim was fraudulently encashed by a third party after the project was supposedly settled. After accepting the complainants' request for a continuance due to medical exigencies, the Authority directed both parties to formalize their submissions. The complainants are mandated to submit their detailed complaint petition on a notarized affidavit, along with supporting documents, within 15 days. Conversely, the respondent is directed to file a comprehensive written response on a notarized affidavit, addressing the allegations and the complainant's affidavit, also within 15 days. The matter is scheduled for further physical hearing and order on 15.07.2024. | |
| X-Y-Z | Section 31 of the Real Estate (Regulation and Development) Act, 2016, read with Rule 36 of the West Bengal Real Estate (Regulation and Development) Rules, 2021. |
Complainant: Chandra Roy Pramanik & Pradeep Pramanik
Respondent: Dharitri Infraventure Pvt. Ltd. vs WBRERA |
This order addresses a complaint regarding the non-delivery of a residential flat booked in a real estate project. The allottees allege that after paying an advance sum of Rs. 5,00,000, the project was abandoned, resulting in a significant delay beyond the promised delivery date. The developer failed to provide communication or completion, suggesting alternative, higher-cost purchases instead of honoring the original agreement. The Authority admitted the matter for further hearing under Section 31 of the RERA Act, 2016. The allottees sought the immediate full refund of the principal amount along with statutory interest. The Authority issued specific directions to both parties: 1. The allottees are directed to submit a notarized affidavit detailing their complaint, along with supporting documents, within 15 days. 2. The developer is directed to submit a written response and affidavit, also with supporting documents, within 15 days. Crucially, the Authority emphasized that both parties must first attempt an amicable settlement through mutual discussion. If a settlement is reached, a Joint Affidavit must be submitted, negating the need for the formal affidavits. A date of 15.07.2024 has been fixed for the next hearing. | |
| X-Y-Z | Section 31 of the Real Estate (Regulation and Development) Act, 2016, and Rule 36 of the West Real Estate (Regulation and Development) Rules, 2021. |
Complainant: Sudip Kumar De
Respondent: Joydeep Majumder vs WBRERA |
This order addresses a complaint regarding the delayed possession of a residential flat under the 'Southern Sky' project. The complainant executed a Sale Agreement in 2021, which stipulated that the flat would be delivered within nine months of the agreed possession date. The core grievance is the developer's failure to deliver possession by the promised timeline, resulting in a significant delay of over a year. The complainant further alleged that the developer failed to provide necessary documentation for bank loans and forced the complainant into alternative financing arrangements without fulfilling the promise of timely handover. The complainant sought immediate project completion, possession delivery, payment of accrued interest as per the agreement, and compensation/rent for alternate accommodation due to the prolonged delay. The Authority admitted the complaint under the provisions of the RERA Act, 2016. The order directs the complainant to submit a detailed, notarized affidavit containing supporting documents within 15 days, and to include the developer's parent company as an additional respondent. Simultaneously, the developer is directed to file a written response and affidavit within 15 days. The matter is scheduled for further hearing on 29.11.2023. | |
| X-Y-Z | Section 31 of the Real Estate (Regulation and Development) Act, 2016, and Rule 3 of the West Bengal Real Estate (Regulation and Development) Rules, 2021. |
Complainant: Bengal Ambuja Housing Development Limited
Respondent: Sujata Das vs WBRERA |
This order addresses a dispute concerning the allotment of commercial office space and associated parking. The Promoter Company initiated the complaint, alleging that the Allottee failed to pay outstanding dues and neglected the terms of the registered Agreement for Sale, leading to the issuance of a termination notice. The Promoter sought the cancellation of the allotment and recovery of substantial outstanding amounts. After hearing both parties, the Authority admitted the matter for further proceedings under the Real Estate (Regulation and Development) Act, 2016. The Authority has directed both parties to prioritize a mutual settlement, mandating that they attempt to resolve the issues amicably within 45 days of receiving the order. Should a settlement not be reached, the Authority has laid out a structured procedure for litigation: 1. The Promoter is directed to submit a notarized affidavit detailing the complaint and supporting documents within 60 days. 2. The Allottee is directed to submit a written response affidavit within 15 days of receiving the Promoter's affidavit. The matter is fixed for further hearing on 06.01.2024. | |
| X-Y-Z | The Real Estate (Regulation and Development) Act, 2016; Section 31 of the Real Estate (Regulation and Development) Act, 2016. |
Complainant: Suchismita De
Respondent: West Bengal Real Estate Regulatory Authority vs WBRERA |
This West Bengal RERA order addresses a complaint regarding the significant delay in the possession of a booked residential flat. The complainant executed an Agreement for Sale on 24.09.2022, with a stipulated possession date of 24.12.2022. The core dispute revolves around the failure to deliver the flat within the agreed timeline, leading the complainant to seek immediate completion, possession, and accrued interest on the amount paid. During the hearing, the Authority noted the absence of the developer despite due service of notice. The Authority admitted the matter for further proceedings under Section 31 of the RERA Act. Consequently, the following directions were issued: 1. The complainant is directed to submit a notarized affidavit containing the full complaint petition and supporting documents within 15 days, ensuring the developer's corporate entity is included as a respondent. 2. The developer is directed to submit a written response on a notarized affidavit, along with supporting documents, within 15 days of receiving the complainant's affidavit. The matter is scheduled for further hearing on 29.11.2023. | |
| X-Y-Z | no section has been evoked. |
Complainant: Premlata Sethia
Respondent: Greenfield City Project LLP vs WBRERA |
This order, issued by the West Bengal Real Estate Regulatory Authority, addresses the ongoing dispute regarding the possession of a booked flat. After considering the complainant’s notarized affidavit and hearing both parties, the Authority observed that the conveyance deed for the flat was registered some time ago, and the complainant had cleared all payments. Consequently, the Authority issued several binding directions: 1. **Possession:** The respondent is mandated to deliver possession of the flat, complete and habitable, within fifteen days from the date of receiving the order via email. 2. **Documentation:** The respondent must submit a written reply/affidavit addressing the complaint, specifically stating whether any maintenance charges or payments are due from the complainant. This reply must be accompanied by supporting documents and served to the complainant. 3. **Compliance:** The complainant is directed to forward a scan copy of her affidavit to the respondent’s authorized representative within three days. The Authority reserved the right to determine any outstanding maintenance charges after reviewing the affidavits submitted by both parties. A further hearing has been scheduled for September 6, 2024. | |
| X-Y-Z | Section 31 of RERA Act, 2016; Rule 36 of WB RERA Rules, 2016; Section 56 of RERA Act, 2016. |
Complainant: Premlata Sethia
Respondent: Greenfield City Project LLP vs WBRERA |
The Authority admitted the matter for further hearing, primarily to address procedural discrepancies and gather comprehensive documentation. Initially, the Authority noted that the complaint was filed by an individual who was not the actual allottee of the subject property. Consequently, the Authority formally substituted the true allottee as the Complainant, ensuring all future communications reflect this correction. Regarding the core issues—the waiver of maintenance charges and compensation for delay—the Authority did not pass a final order but issued strict procedural directions. The Complainant is directed to submit a detailed, notarized affidavit within 15 days. This affidavit must chronologically list all payments made, specifying dates and amounts, and must be supported by annexed documents. The Complainant must also appear personally or through an authorized legal representative. The Respondent is similarly directed to submit a comprehensive, notarized written response affidavit, along with supporting documentation, within 15 days. The order concludes by reminding both parties that they are free to reach an amicable settlement, which, if achieved, must be formalized through a Joint Notarized Affidavit submitted to the Authority. The matter was fixed for a subsequent hearing date. | |
| X-Y-Z | Section 11(2) and Section 18 of the Real Estate (Regulation and Development) Act, 2016. |
Complainant: Premlata Sethia
Respondent: Greenfield City Project LLP vs WBRERA |
This order addresses a dispute regarding the delayed possession and conveyance of a flat. The Authority first ruled that the complaint is absolutely maintainable under the RERA Act, finding that the developer violated key provisions by failing to hand over the possession and necessary documentation in a timely manner. Regarding the financial merits, the Authority determined that while the buyer is liable for maintenance charges from the initial possession notice date (November 2015) until the final payment date (May 2017), the developer must bear the maintenance charges for the entire period from May 2015 until the actual date of possession (July 2024). The Authority directed that the developer must deposit the proportionate maintenance charges for the period spanning May 2015 to July 2024 with the Apartment Owners Association. The buyer must adjust any previously paid maintenance advances against the charges payable for the period of November 2015 to May 2017. Finally, the matter was disposed of, directing that any claims for compensation must be pursued separately before the Adjudicating Officer. | |
| X-Y-Z | Section 11(2) and Section 18 of the Real Estate (Regulation and Development) Act, 2016. |
Complainant: Premlata Sethia
Respondent: Greenfield City Project LLP vs WBRERA |
This order addresses a dispute concerning the delayed possession and execution of a conveyance deed for a flat booked in 2012. The Authority first ruled that the complaint is maintainable under the RERA Act, finding that the failure to execute the deed and hand over physical possession until 2024 constituted a clear violation of the Act, overriding the defense that the project predated RERA. Regarding the merits, the Authority determined the liability for maintenance charges. While the complainant was liable to pay maintenance from the initial notice date (November 2015) until the final payment date (May 2017), the complainant is absolved of liability for the period between May 2017 and the actual date of possession (July 2024). Conversely, the Authority directed that the respondent must bear the maintenance charges for the entire period from May 2015 until the date of actual possession in July 2024. The final directions mandate that the complainant must pay maintenance charges for the period of November 2015 to May 2017, and subsequently from the date of actual possession. The respondent is obligated to deposit the proportionate maintenance amount for the period of May 2015 to July 2024. Any claims for compensation must be pursued separately before the Adjudicating Officer. | |
| X-Y-Z | Section 31 of the Real Estate (Regulation and Development) Act, 2016, read with Rule 36 of the West Bengal Real Estate (Regulation and Development) Rules, 2015. |
Complainant: Adwitiya Roy
Respondent: Merlin Projects Limited vs WBRERA |
This order addresses a complaint filed before the Authority concerning the delay in possession of a residential unit in a RERA-governed project. The core dispute revolves around the developer's failure to deliver the property by the promised revised deadline. The buyer alleges several breaches, including the imposition of a late payment penalty interest and the inclusion of a concerning clause in the registration document that allegedly waived the buyer's future rights and claims. The buyer seeks several reliefs, including the waiver of the penalty interest, compensation for the delay, a declaration that the restrictive clause is invalid, and the enforcement of all promised amenities. After hearing both parties, the Authority admitted the complaint for further proceedings under the relevant sections of the RERA Act. The Authority did not pass a final judgment but issued procedural directions. Both the buyer and the developer are mandated to submit detailed written responses and supporting affidavits to the Authority within 15 days. A date of 18.07.2024 has been fixed for the next hearing, which will be conducted online. | |
| X-Y-Z | Section 31 of the Real Estate (Regulation and Development) Act, 2016, read with Rule 36 of the West Bengal Real Estate (Regulation and Development) Rules, 2016. |
Complainant: Adwitiya Roy
Respondent: Merlin Projects Limited vs WBRERA |
This order addresses a complaint concerning a real estate project, alleging significant breaches of the original sale agreement and the rules governing the sector. The core dispute revolves around the delay in possession of a flat, which was initially scheduled for June 2022 and subsequently revised to March 2023. The complainant alleges that during the registration process, they were improperly charged an interest penalty and forced to sign a document that allegedly waived all future claims for interest, without proper disclosure or explanation. Furthermore, the inclusion of a concerning, one-sided clause in the registration document is challenged as a breach of the buyer's rights. The complainant seeks several reliefs, including the waiver of the penalty interest, compensation for delay, a declaration that the clause is invalid, and the enforcement of all promised amenities. The Authority admitted the complaint for further hearing. Consequently, both parties have been directed to submit detailed written responses and affidavits, supported by all relevant documentation, within 15 days. The matter is scheduled for further hearing on 18.07.2024, to be held online. | |
| X-Y-Z | WBHIRA; Sec 61 RERA Act, 2016; Rule 25 & 26 of Estate Rules, 2021; Bengal Public Demand Recovery Act, 1913; Sec 40 RERA Act, 2016 read with Rule 25 of West Bengal Estate Rules, 2021. |
Complainant: NIDHI KHATTAR
Respondent: VEDIC REALTY PVT. LTD vs WBRERA |
This order addresses the execution of a prior directive mandating the refund of a principal amount and accrued interest. Noting the non-compliance of the original order, the Authority first imposed a penalty of Rs. 10,00,000/- (Rupees Ten lakhs) under Section 61 of the Real Estate (Regulation and Development) Act, 2016, for failure to adhere to previous directions. To ensure the recovery of the outstanding amount, the Authority directed the matter to be executed through the District Magistrate of the concerned district (North 24-Parganas). This execution will proceed under the provisions of the Bengal Public Demand Recovery Act, 1913. The Authority mandated the Secretary to immediately send certified copies of all relevant orders to the District Magistrate. The District Magistrate is directed to initiate the recovery process within one month of receiving the documents and submit a compliance report within six weeks. The order emphasizes the urgency of the matter, aligning with Supreme Court directives for speedy execution, thereby providing a clear legal mechanism for the recovery of funds. | |
| X-Y-Z | u/s 13 of chapter III of WBRERA Rules, 2021; Chapter III, Section 11 (sub-sec 4(f) & (g)); and Section 3 of the Real Estate (Regulation and Development) Act, 2016. |
Complainant: Nirmalya Ghosh and Rajarshi Ghosh
Respondent: West Bengal Real Estate Regulatory Authority vs WBRERA |
This order addresses a complaint concerning the delayed possession and conveyance of a flat purchased in a real estate project. The core dispute revolves around the developer failing to provide physical possession, the necessary Deed of Conveyance, or the Occupancy/Completion Certificates, despite the allottee having made full consideration payments over several years. The complainant sought several reliefs, including immediate possession within one month, provision of the standard conveyance deed, payment of interest, and clarification regarding a mandatory corpus deposit clause. After hearing both parties, the Authority admitted the matter for further proceedings. The order mandates procedural compliance from both sides. The complainant is directed to submit a notarized affidavit and supporting documents within fifteen days. Similarly, the developer is required to file a written response and a notarized affidavit, along with supporting documentation, within the same timeframe. The Authority has fixed the next hearing date for 18.07.2024, which will be conducted online. The matter is thus adjourned pending the submission of the required affidavits and responses. | |
| X-Y-Z | 1. u/s 13 of Chapter III of WBRERA Rules, 2021. 2. Chapter III, Section 11, and Subsection 4(f) & (g). 3. Section 3 of the Real Estate (Regulation and Development) Act, 2016. |
Complainant: Nirmalya Ghosh and Rajarshi Ghosh
Respondent: West Bengal Real Estate Regulatory Authority vs WBRERA |
This order addresses a complaint concerning the delayed possession and documentation related to a flat purchased in a real estate project. The core grievance is that despite the allottee making full consideration payments, the developer has failed to provide physical possession, the Occupancy Certificate (OC), or the Completion Certificate (CC), despite acknowledging the payments and promising delivery within a specific timeframe. The allottee sought several reliefs, including immediate possession, provision of the standard deed of conveyance for registration, payment of interest, and clarification on the corpus deposit clause. The Authority, after hearing both parties, admitted the matter for further proceedings. The order mandates procedural compliance from both sides. The allottees are directed to submit a notarized affidavit along with supporting documents. Simultaneously, the developer is directed to file a written response and affidavit. The Authority has fixed the next hearing date for 18.07.2024, emphasizing that the matter will proceed through an online mode, ensuring the continued regulatory oversight of the project's completion and documentation. |