| Date of Order | Sections Invoked | Complainant & Respondent | Summary of Case | Download |
|---|---|---|---|---|
| X-Y-Z | Section 63 of RERA, 2016; Rule 25 of RERA Rules, 2021; Bengal Public Demands Recovery Act, 1913; Rule 26 of RERA Rules, 2021; Section 40 of RERA, 2016 read with Rule 25 of WBRE Rules, 2021. |
Complainant: West Bengal Real Estate Regulatory Authority
Respondent: Evanie Infrastructure hrt. Ltd vs WBRERA |
This order addresses the non-compliance with a previous final order passed by the Authority on 29.04.2025. Observing the Respondent's continued reluctance, the Authority has imposed a penalty of ₹1,000/- per day for default, effective from 27.07.2025 up to the date of the hearing. To ensure the recovery of the due amount and the penalty, the Authority directs the matter for execution through the District Magistrate of North 24-Parganas. This execution will proceed under the provisions of the Bengal Public Demand Recovery Act, 1913. The Authority mandates the Secretary, WBRERA, to immediately send certified copies of this execution order and the original order 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 Authority emphasizes the need for speedy execution, aligning with Supreme Court directives. The Complainant is advised to pursue the matter directly with the District Magistrate's office to ensure the timely refund of the amount due. | |
| X-Y-Z | Section 63 of RERA Act, 2016; Rule 25 of RERA Rules, 2027; Bengal Public Demands Recovery Act, 1913; Section 40 of RERA Act, 2016; Rule 25 of W.B. RERA Rules, 2021. |
Complainant: Tripti Das Pradhan
Respondent: West Bengal Real Estate Regulatory Authority vs WBRERA |
This order was passed during the first execution hearing, addressing the non-compliance of the respondent with a previous final order dated 29.04.2025. The Authority noted the respondent's continued disregard for its directives and consequently imposed a penalty of ₹1,000/- per day for default. This penalty is applicable from 27.07.2025 up to the date of the hearing. To ensure recovery, the Authority directed the matter for execution through the District Magistrate of North 24-Parganas. This action is taken under Section 40 of the Real Estate (Regulation and Development) Act, 2016, and Rule 25 of the West Bengal RERA Rules, 2021. The Authority mandated the initiation of a Certificate Case under the Bengal Public Demand Recovery Act, 1913, to recover both the original dues and the accrued penalty. The District Magistrate is directed to take necessary action to execute the order within one month of receiving the certified copies and compliance report within six weeks. The complainant is advised to pursue the refund through the District Magistrate's office. | |
| X-Y-Z | Section 18 of RERA, 2016, read with Rule 17 and Rule 18 of the West Bengal Real Estate (Regulation and Development) Rules, 2021. |
Complainant: Nirmalendu Das
Respondent: Bhutoria Construction Private Limited vs WBRERA |
This order addresses a complaint concerning the failure to deliver possession of an apartment within the stipulated timeline. The Authority noted that the complainant had booked the unit under an agreement that initially promised possession by December 31, 2021, with subsequent extensions. After hearing both parties and reviewing the submitted affidavits, the Authority concluded that the developer failed significantly in its obligation to hand over the flat within the agreed schedule. Consequently, the Authority directed the developer to pay delay interest on the principal amount of ₹15,74,640/-. The interest rate is mandated at SBI Prime Lending Rate + 2% per annum. This interest must be calculated for the entire period, starting from the respective dates of payments made by the complainant until the date of realization. The developer is directed to remit the full refund amount via bank transfer within 45 days of receiving the order via email. The complainant must submit the necessary bank account details to the developer within three days. The matter is disposed of with these directions, and the complainant is granted liberty to file an Execution Application if the developer defaults on compliance. | |
| X-Y-Z | Section 11 C of the West Fire Services Act 1950; Section 3 of the Real Estate (Regulation and Development) Act, 2016; and Rule 36 of the West Bengal Real Estate (Regulation and Development) Rules, 2021. |
Complainant: Kallol Rakshit
Respondent: Nortech Property Pvt. Ltd. vs WBRERA |
This order addresses a complaint concerning alleged deficiencies in a real estate project. The core allegations raised include critical issues regarding infrastructure and safety standards. Specifically, concerns were raised about the inadequate and unregistered water supply system, discrepancies in the reported built-up and parking areas, and significant fire safety hazards. Furthermore, the complaint highlighted that the actual abutting road width was insufficient for emergency vehicle access, contrary to mandated fire safety norms. The Authority, after hearing both parties, admitted the matter for further proceedings. The order mandates a structured response from both sides. The complainant is directed to submit a detailed, notarized affidavit, along with supporting documents, within fifteen days. Concurrently, the developer is directed to file a comprehensive written response on a notarized affidavit, addressing the complaint and the complainant's submissions, within fifteen days of receiving the complainant's affidavit. The developer must also specify the probable date of project completion. The Authority fixed the next hearing date and ensured that all parties are formally served with the directives. | |
| X-Y-Z | Section 11 C of the West Fire Services Act 1950; Section 3 of the Real Estate (Regulation and Development) Act, 2016; and Rule 36 of the West Bengal Real Estate (Regulation and Development) Rules, 2021. |
Complainant: Kallol Rakshit
Respondent: West Bengal Real Estate Regulatory Authority vs WBRERA |
This order addresses a complaint concerning alleged deficiencies in a real estate project. The core allegations raised include critical issues regarding infrastructure and safety standards. Specifically, the complaint highlights concerns over the inadequate and unregistered water supply system, discrepancies in the reported built-up and parking areas, and significant fire safety hazards. Major safety concerns noted are the proximity of transformers to residential units and the insufficient width of the abutting road, which compromises emergency access for fire engines and ambulances. The Authority, after hearing both parties, admitted the matter for further proceedings. Rather than passing a final judgment, the Authority issued procedural directions to both sides. The complainant is directed to submit a detailed, notarized affidavit, along with supporting documents, within fifteen days. Concurrently, the developer is mandated to file a comprehensive written response on a notarized affidavit, addressing the complaint and the complainant's submissions, within fifteen days. Furthermore, the developer must specify the probable date of project completion. The matter is scheduled for further hearing on a fixed date. | |
| 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: Sugampark Asansol Association of Apartment owners
Respondent: West Bengal Real Estate Regulatory Authority
Calcutta Greens Commercial Complex (1st Floor)
1.050 /2, Survey Park, Kolkata- 700 075 vs WBRERA |
This order pertains to a complaint filed by an apartment owners association regarding numerous deficiencies and non-compliances within a residential project. The association alleges significant failures by the developer, including the non-payment of sinking funds, inadequate Sewage Treatment Plant (STP) functionality, lack of landscaping, and poor maintenance of common areas. The complaint details a comprehensive list of grievances, ranging from the failure to provide essential services like proper water supply and functioning fire safety systems, to the incomplete construction of boundary walls and the non-implementation of solar panel projects. The association seeks substantial relief, totaling over ₹14.7 Crore, to cover these deficiencies. After hearing both parties, the Authority admitted the complaint under Section 31 of the RERA Act. The developer's request for an adjournment was rejected. Consequently, the Authority directed both the association and the developer to submit their detailed submissions, including notarized affidavits and supporting documents, within seven days. The matter is scheduled for further hearing and order on December 7, 2023. | |
| X-Y-Z | Section 3, Section 31, Section 18 of the RERA Act, and Rule 17 of the West Bengal Real Estate (Regulation and Development) Rules, 2021. |
Complainant: Santartu Goswami And Nandita Goswami & Respondent: Bengal Shelter Housing Development Limited vs WBRERA |
This order addresses a complaint seeking the refund of a principal amount and accrued interest concerning a real estate project. The core legal dispute revolved around whether the project, described as abandoned or scrapped, remained within the purview of the Real Estate (Regulation and Development) Act, 2016 (RERA). The Authority rejected the defense that the project was non-existent or outside RERA's scope. It ruled that the failure to refund the money constitutes a continuing cause of action, thereby keeping the matter maintainable before the Authority, regardless of the project's current status. Finding the respondent liable under Section 18 of the RERA Act, the Authority mandated the immediate refund of the principal amount (Rs. 10,76,647/-) along with interest. The interest rate is specified as SBI PLR + 2% per annum, calculated from the respective payment dates until the date of realization. The respondent is hereby directed to complete the full refund via bank transfer within 45 days from the date of receiving the order via email. The matter is disposed of with these directions. | |
| X-Y-Z | Sections 18, 19(4), 72, and 31 of the RERA Act, 2016. |
Complainant: Vinod Kumar Shah
Respondent: Vriddhi Landmart Limited. vs WBRERA |
This order addresses a dispute concerning an Agreement for Sale executed for a plot of land. The allottee paid the full consideration amount to the promoter, who was obligated to execute the Deed of Conveyance within six months and hand over possession within 36 months of the agreement date. The core grievance is the promoter's failure to fulfill these contractual obligations, despite receiving the entire payment. Consequently, the allottee sought to withdraw from the project, claiming the refund of the consideration amount with interest, along with compensation for loss and damages under relevant sections of the RERA Act. After hearing both sides, the Authority admitted the matter for further adjudication under Section 31 of the RERA Act. The Authority did not pass a final order but issued procedural directions. The allottee is directed to submit a detailed submission via a notarized affidavit within 15 days. Similarly, the promoter is directed to file a written response on a notarized affidavit within 15 days of receiving the allottee's submission. The matter is fixed for further hearing on 20.05.2024. | |
| X-Y-Z | Rule 36(2)(h) (WB RERA Rules, 2021); Sec 29 (RERA Act, 2016); Sec 13 (RERA Act, 2016); Rule 17 & Sec 13 (WB RERA Rules, 2021); Sec 63 (RERA Act, 2016). |
Complainant: Barni Saha chowdhury and Subharth Saha
Respondent: Evanie Infrastructure Pvt. Ltd. vs WBRERA |
This order was passed by the Authority after proceeding *ex-parte*, noting the developer's absence and failure to comply with previous directives. The core dispute involved the refund of booking money for a flat in a project that was subsequently deregistered and failed to commence construction. The Authority examined the submissions and found that the developer failed to fulfill its obligation to provide possession within the stipulated timeline. Consequently, the Authority directed the developer to refund the entire principal amount paid by the complainants, totaling Rs. 4,42,939. Crucially, the order mandates that this refund must be accompanied by interest calculated at the rate of SBI Prime Lending Rate + 2% per annum. This interest period runs from the respective dates of payments made by the complainants until the date of actual realization. The developer is directed to effect the refund via bank transfer within 45 days of receiving the order. Furthermore, the order warns that failure to comply may result in a penalty up to 5% of the estimated cost of the project, as per the provisions of the RERA Act. | |
| X-Y-Z | Section 61 of RERA, 2016; Rule 25 of RERA Rules, 2021; Bengal Public Demands Recovery Act, 1913; Section 40 of RERA, 2016. |
Complainant: Bami Saha Chowdhury and Subharth Saha
Respondent: Evanie Infrastructure R/t. Ltd vs WBRERA |
This order addresses the execution proceedings for a final order passed by the Authority on 15.02.2024. The Authority noted that the non-compliant party failed to refund the full amount as mandated by the previous orders. Finding the respondent in continuous violation of the Authority's directives, the Authority imposed a penalty of Rs. 10,00,000/- (Rupees Ten lakhs) under Section 61 of the Real Estate (Regulation and Development) Act, 2016, for non-compliance. Given the persistent failure to adhere to the order, the Authority directed the matter for execution through the District Magistrate of North 24 Parganas. This recovery process will be conducted under the Bengal Public Demand Recovery Act, 1913. The District Magistrate is hereby mandated to initiate a Certificate Case to recover both the original dues and the newly imposed penalty amount. The Authority stressed the need for expeditious action, directing the DM to complete the execution within one month of receiving the necessary documents. The Authority emphasized that the recovery must be processed promptly, aligning with judicial precedents for speedy enforcement of regulatory orders. | |
| X-Y-Z | no section has been evoked. |
Complainant: Priyanka Ganguly and Indra Narayan Ganguly
Respondent: Merlin Projects #n.0. vs WBRERA |
This order addresses a complaint concerning the delay and extension of a real estate project's registration validity. The core dispute revolved around whether the allottees were entitled to interest and compensation for the extended period. The complainant alleged that the developer failed to secure allottee consent during the extension process and failed to communicate the extension details, constituting a breach of contract. The respondent argued that the Authority had granted a 9-month extension (from 31.03.2023 to 30.12.2023). However, the matter escalated to the West Bengal Real Estate Appellate Tribunal (WBREAT). Crucially, the WBREAT, in its order dated 12.04.2024, set aside the portion of the original Authority's order that protected the allottee's right to claim interest and compensation for the extended period. Consequently, the Authority issued a final directive. Based on the WBREAT's ruling, it was ordered that the allottee is not entitled to claim any interest or compensation from the developer for the 9-month period during which the project's registration validity was extended by the Authority. The matter was disposed of accordingly. | |
| 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: Ariit Purkait and Basabi Purkait
Respondent: Bengal Emami Housing Limited vs WBRERA |
This order addresses a complaint regarding the failure to deliver a residential flat by the stipulated deadline. The complainant initiated the action after entering into an Agreement for Sale, which obligated the developer to complete construction and hand over possession by June 30, 2020. The core grievance is the significant delay of over twenty-six months in receiving the flat, despite the eventual execution of the conveyance deed. The complainant sought compensation for this delay (Rs. 31,06,687.44) and litigation costs. The Authority, after hearing the complainant, admitted the matter for further proceedings under Section 31 of the RERA Act. Crucially, the Authority did not pass a final judgment. Instead, the order issued procedural directions: 1. The complainant is directed to submit a notarized affidavit, along with supporting documents and the original complaint petition, within fifteen days. 2. The respondents are directed to submit a written response on a notarized affidavit, along with supporting documents, within fifteen days of receiving the complainant's affidavit. The matter is fixed for further hearing and order on July 10, 2025. | |
| 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: Ritesh Nath and Shweta Kumari Bhagat
Respondent: Bengal Emami Housing Limited and West Bengal Housing Board vs WBRERA |
This order addresses a complaint concerning the delayed possession of a residential flat. The core dispute arose from an Agreement for Sale executed in 2016, wherein the promoter was obligated to complete the construction and hand over possession by December 31, 2019. The complainants assert that despite paying the entire consideration amount, the promoter failed to meet the stipulated deadline, resulting in a prolonged delay of over 37 months. Although possession and a Deed of Conveyance were eventually executed in 2023, the complainants filed the complaint seeking compensation of Rs. 44,20,076.26/- for the delay, along with litigation costs. After hearing the complainant in detail, the Authority admitted the matter for further proceedings under the RERA Act. The Authority did not pass a final judgment but issued specific directions: 1. The complainant is directed to submit a detailed submission via a notarized affidavit within 15 days. 2. The respondents are directed to file a written response on a notarized affidavit within 15 days of receiving the complainant's affidavit. The matter has been scheduled for further hearing and order on 10.07.2025. | |
| 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: Safr Ikbal Siddique and Rizwana Ahmed
Respondent: Bengal Emami Housing Limited vs WBRERA |
This order pertains to a complaint filed regarding the delayed possession of a residential flat. The complainant initiated the action after the developer failed to hand over the property by the stipulated date of 31.12.2019, despite the execution of an Agreement for Sale on 24.07.2017. The complainant asserts that, after paying the entire consideration amount, they received possession only after a prolonged delay of over 35 months. Consequently, the complainant sought compensation of Rs. 50,21,128.93 for the delay in delivery, along with litigation costs. The Authority, after hearing the complainant, admitted the matter for further proceedings under Section 31 of the RERA Act. The Authority did not pass a final order but issued procedural directions. The complainant is directed to submit their detailed submission via a notarized affidavit, along with supporting documents, within fifteen days. Conversely, the respondents are directed to file a written response on a notarized affidavit, also with supporting documents, within fifteen days of receiving the complainant's affidavit. A date of 10.07.2025 has been fixed for further hearing and 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: Firoz Ahamed and Jesina Ahmed
Respondent: West Bengal Real Estate Regulatory Authority vs WBRERA |
The Authority admitted the complaint, which centers on a breach of an Agreement for Sale concerning a residential flat. The core dispute is the failure of the promoter to hand over possession of the property by the stipulated date of 31.12.2019, despite the complainant having paid the full consideration amount. The complainant sought compensation for the prolonged delay in possession and costs incurred in litigation. After hearing the complainant in detail, the Authority directed the formal continuation of the proceedings. The complainant is mandated to submit a notarized affidavit detailing their complaint, along with supporting documents, within fifteen days. Simultaneously, the respondents are directed to file a written response on a notarized affidavit, also within fifteen days. The Authority has thus framed the matter for further adjudication and fixed the next hearing date for 10.07.2025, ensuring all parties are formally served with the respective submissions. | |
| X-Y-Z | Section 4, Section 31, and Section 29 of the Real Estate (Regulation and Development) Act, 2016. |
Complainant: Mrs. Pinlry Choubey & Mr. Manindra Kumar Choubey
Respondent: Ankur Nirman Private Limited vs WBRERA |
This order was passed by the Authority, admitting the complaint under Section 31 of the RERA Act, 2016, concerning a dispute over a booked residential flat. The core dispute involves the buyers, who executed a revised agreement for a larger flat and subsequently made installment payments for two bank loans, relying on the promoter's undertakings. The buyers allege that the promoter wrongfully cancelled their booking and demanded the balance amount despite the project remaining incomplete and lacking an Occupancy Certificate. The Authority, after hearing the parties, directed the matter for further hearing. Key directions issued include: 1. The buyers are mandated to submit a notarized affidavit and supporting documents within 15 days. 2. The promoter is directed to file a written response/affidavit within 15 days of receiving the buyers' affidavit. 3. Crucially, the Authority issued an interim direction restraining the promoter from alienating the booked flat until the final disposal of the complaint. The Authority warned that failure by the promoter to comply with the timelines would result in the matter being disposed of ex-parte. | |
| 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: Mrs. Bhagawati Rungta
Respondent: MKHS Housing LLP vs WBRERA |
This order addresses a complaint concerning the non-completion and alleged failure to deliver a residential flat in a real estate project. The complainant, a senior citizen, initiated the proceedings, alleging that despite executing multiple agreements and making substantial payments (Rs. 21,00,000), the developer has failed to fulfill its contractual obligations, leading to a demand for a full refund, along with statutory interest and damages. During the hearing, the respondent was noted as absent. The Authority, after hearing the complainant, admitted the matter for further proceedings under the RERA Act. Crucially, the order does not pass a final judgment but issues procedural directions to both parties. The complainant is directed to submit a detailed, chronological table of all payments made and file a notarized affidavit with supporting documents within 21 days. The respondent is similarly directed to submit a written response and affidavit within 21 days of receiving the complainant's affidavit. The matter is thus scheduled for further hearing after the submission of these required documentation and affidavits. | |
| X-Y-Z | Section 19(6) of the RERA Act, 2016; Section 11(S); and Section 3 of the Real Estate (Regulation and Development) Act, 2016. |
Complainant: Monomita Ganguly & Abhijit Bhattacharya
Respondent: S E Builders Realtors Limited vs WBRERA |
This order addresses a dispute concerning the allotment and alleged default payments for a commercial property. The core dispute revolves around a notice issued by the developer, which claimed significant outstanding dues and threatened the cancellation of the Agreement for Sale (AFS) and deduction of cancellation charges. The complainants challenged this notice, arguing it was arbitrary, violated the terms of the AFS, and was issued in violation of RERA provisions. They sought a declaration that the AFS was binding and permanent injunctions restraining the developer from illegally terminating the allotment or entering new agreements. After hearing both parties, the Authority directed the matter to proceed under Section 3 of the RERA Act. The Authority mandated specific procedural steps: 1. The complainants must submit a detailed submission via a Notarized Affidavit, including a chronological table of all payments made, within 21 days. 2. The developer must submit a written response via a Notarized Affidavit within 15 days of receiving the complainant's affidavit. 3. Both parties are strongly directed to initiate mutual settlement discussions. A date of 14.11.2024 has been fixed for the next hearing, emphasizing adherence to these procedural directions. | |
| X-Y-Z | Section 14(3), Section 11(3)(e), Section 17(1), and Section 38 read with Section 61 of the RERA Act, 2016. |
Complainant: Bandhu Sundar Saha and Beauti Saha
Respondent: Naoolin Realcon Pvt. Ltd. vs WBRERA |
This order, issued by the West Bengal Real Estate Regulatory Authority, addresses a complaint concerning a commercial project, finding the developer liable for specific deficiencies and procedural lapses. After hearing both parties and reviewing submitted affidavits, the Authority concluded that the developer must take immediate action under the Real Estate (Regulation and Development) Act, 2016. The Authority has issued several binding directions: 1. **Defect Rectification:** The developer must rectify all defects pointed out by the complainants in their complaint and affidavit within three months from the date of receiving the order via email. 2. **Association Formation:** The developer must take all necessary steps to facilitate the formation of the Association of Allottees within three months. 3. **Title Handover:** The developer is mandated to hand over the undivided proportionate title in common areas and all related title documents to the newly formed Association of Allottees, as per Section 17(1) of the RERA Act. The order warns that failure to comply with these directions within the stipulated timelines may result in the imposition of penalties by the Authority under the relevant sections of the RERA Act, 2016. The matter is scheduled for review on 09.07.2024. | |
| 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, 2016. |
Complainant: Suvodeep Mukherjee & Shruti Mukherjee
Respondent: Bhowmic Construction, Ajoy Bhowmick, Tulika Bhowmick vs WBRERA |
This West Bengal RERA order addresses a complaint regarding the failure to deliver possession of a residential flat. The complainants allege that they paid the full consideration amount and stamp duty for an apartment in a specific project, executing a sale deed in 2018. The core grievance is the developer's failure to hand over possession, despite assurances, and the discovery that the flat was occupied without the necessary Completion Certificate (CC), suggesting unauthorized construction. The complainants sought the refund of the entire consideration amount and stamp duty, along with interest, compensation for mental agony, and cancellation of the sale deed. The Authority admitted the matter for further adjudication. The order directs the complainants to submit a notarized affidavit detailing their complaint and supporting documents within 15 days. Crucially, the developer is directed to file a written response affidavit within 15 days. Furthermore, the developer must disclose critical project details, including the total number of flats, the cost per flat, and the project's registration status with WBRERA. The matter is scheduled for further hearing on 15.02.2024. |