Comparative Analysis of Consumer Protection Act and Real Estate Regulation Act, 2016 - For Home buyers (Part-2) (Based on Amrapali Group Real Estate Scam)

Authors

  • Rishi Upadhyay Student, Amity Law School, Amity University, Noida, Uttar Pradesh, India

Keywords:

• Importance of RERA • Advantages of RERA • Real estate scams • Authorities in the Act • Importance of Real Estate in Economy

Abstract

This manuscript is an extension of the previous volume regarding an in-depth study of Real Estate Regulation Act,2016. This study gives a detailed outlook as to how Real estate is the backbone of our economy and how this new statue enacted by the central government is much more effective as compared to other statutory remedy. It is worthwhile mentioning here that just like NGT, CAT, NCLT etc. who deals with one particular statute, there was an urgent need to create a regulatory body to keep a check on the flow of black money at the same time safeguard the interest of the property buyers from fraudulent  acts of builder and brokers. This paper gives a detail analysis as to why RERA is much more efficient and trustworthy as compared to Consumer Protection Act, 1986. The legislative intent for enacting RERA was regarding regulation of real estate sector which became a hub of corruption and black money at the same time Consumer Protection Act,1986 was inefficient in providing the relief required to the aggrieved.  The paper has been drafted in a chronological manner from introduction to the advantages of RERA also including the past real estate scam cases that shook India.

 

References

1. Indian Real Estate Industry Growth . IBEF India https://www.ibef.org/industry/real -estate- india.aspx accessed on 4th September 2019.

2. Guide to RERA with RERA Checklist, Taxman (3rd Edition, 2017).

3. Financial Express. Timeline of Real Estate and how it will effect you . Financial Express May 01, 2017 https://www.financialexpress.com/industry/rera -timeline-and-5-most-important-provisions- of-the-real-estate-regulation-and-development-act-2016/648739/ accessed on 10th September 2019.

4. Sunil Dhawan. 6 rules in RERA that will stop builders from delaying delivery of your dream home. Economic Times 04 –05–2017 https://economictimes.indiatimes.com/wealth/real - estate/will-rera-ensure-timely-possession-of-properties/articleshow/58492124.cms accessed on 10th September 2019.

5. Karan Batra . 10 major benefit of new RERA act for property buyers . Chartered Club https://www.charteredclub.com/rera/ Accessed on 10th September 2019.

6. Agrawal Shyam, Real Estate Regulation & Development Act, 2016 by Institu te of Company Secretaries of India (Page no. 5).

7. Agrawal Shyam Real Estate Regulation & Development Act, 2016 by Institute of Company Secretaries of India Page no. 2.

8. 11th Five Year plan (2007–2012).

9. Indian Mirror. Indian Real Estate Industry . Indian Mirror https://www.indianmirror.com/indian- industries/real-estate.html accessed on 15th September 2019

10. India Real Estate Market Outlook retrieve from https://www.cbre.co.in/en/research -reports/India- Real-Estate-Market-Outlook-2019 accessed on 15th September 2019.

11. Indian Real Estate Industry Growth . IBEF India https://www.ibef.org/industry/ real-estate-india.aspx accessed on 22nd September 2019.

12. JB Maverick. Average Annual Return for a long-term investment on Real Estate Sector . Dated 14–03–2019 Investopedia https://www.investopedia.com/ask/answers/060415/what -average- annual-return-typical-long-term-investment-real-estate-sector.asp accessed on 23rd September 2019.

13. Vandana Ramnani. Fall of enquires by homebuyers after Demonetization . 05–12–16 Hindustan Times https://www.hindustantimes.com/real-estate/50-fall-in-queries-by-homebuyers-sales-slow- after-demonetisation/story-L4yArdq4qYW838H8DQqPaN.html accessed on 23rd September

14. Silicon India . 5 multi -crore Real Estate Scam in India . 18–09–2012 Sil icon India Real estate https://www.siliconindia.com/realestate/news/5-MultiCrore-Real-Estate-Scams-in-India-nid- 129479.html accessed on 25th September 2019.

15. M/S Emaar Mgf Land Limited vs Aftab Singh CIVIL APPEAL NOS.23512–23513 OF 2017

16. CBI vs. Sri Chand 29th August 2012.

17. Karnataka Board of Wakf vs Government of India & Ors Appeal (civil) 16899 of 1996

18. Adarsh Cooperative Housing. vs Union of India NO. 129 OF 2018.

19. Neera Yadav vs Central Bureau of Investigation CA NO.253 OF 2017.

20. Bikram Chatterji & Others vs. Union of India & Others Writ petition No. 940 of 2017

21. Vandana Ramnani. Top 10 policy initiatives that have impacted the real estate sector in India. Hindustan Times 12–12–2016 https://www.hindustantimes.com/real -estate/top-10-policy- initiatives-that-have-impacted-the-real-estate-sector-in-india/story- nDNky4rW5AgEHLW1pkxgjJ.html accessed on 29th September 2019.

22. Chapter V Real Estate Regulation and Development Act, 2016.

23. Real estate Regulation and Development Act 2016, S.20.

24. Chapter IV the Real estate Regulation and Development Act 2016.

25. Real estate Regulation and Development Act 2016, S.41.

26. Real estate Regulation and Development Act 2016, s 42.

27. Review Petition (C) No’s. 2629–2630 of 2018 in Civil Appeal No’s. 23512 of 2017

28. Sunil Dhawan. 6 rules in RERA that will stop builders from delaying delivery of your dream home. Economic Times 04 –05–2017 https://economictimes.indiatimes.com/wealth/real - estate/will-rera-ensure-timely-possession-of-properties/articleshow/58492124.cms accessed on 1st October 2019.

29. Advocate Vaishnavi. Relief for Homebuyers under RERA if the Builder is Absconding or in Jail . CENTRIK ( 07–08–2019) https://www.centrik.in/blogs/relief-for-homebuyer-under-rera-if-the- builder-is-absconding-or-in-jail accessed on 2nd October 2019

30. Editor. Cases that shook Indian Real Estate, 2018 . Magic Bricks dated 28th December 2018 https://content.magicbricks.com/property-news/yearender-cases-that-shook-indian-real-estate-in- 2018/103747.html accessed 2nd October 2019.

31. O.M.P. (COMM) 258/2017 IA NOS. 7520/2017 & 8780/2017

32. Writ Petition (C) 3049 of 2013.

33. Anuj Jain Interim Resolution Professional for Jaypee Infratech Limited vs. Axis bank Limited, Civil Appeal No. 8512–8527 of 2019.

34. Bikram Chatterji & Others vs. Union of India & Others Writ petition No. 940 of 2017.

35. Ashish Arya & Arnab Dutta . SC cancels Amrapali group RERA registration for cheating homebuyers. Business Standards 24 –07–2019 https://www.business-standard.com/article/current- affairs/sc-cancels-amrapali-group-rera-registration-for-cheating-homebuyers- 119072301326_1.html accessed on 3rd October 2019.

36. Japnam Bindra. SC revokes license of Amrapali Group in huge relief for stranded homebuyers . Livemint 24–07–2019 https://www.livemint.com/news/india/sc -revokes-licence-of-amrapali- group-in-huge-relief-for-stranded-homebuyers-1563873658958.html accessed on 3rd October 2019.

Published

2021-06-14

Issue

Section

Transfer of Property Act, 1882