Uttar Pradesh RERA’s refund decision upheld

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Uttar Pradesh RERA’s refund decision upheld
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The Uttar Pradesh Real Estate Regulatory Authority ordered Newtech Developers to refund (with interest) the advance paid by homebuyers over a delay in handing over possession. This finding was impugned before the Supreme Court.

The first issue that the court looked into was that of whether the Real Estate (Regulation and Development) Act, 2016 (RERA Act), can be applied to projects that were commenced and completed before the notification of the act. The court observed that although the RERA Act did not apply to projects commenced and completed before the enforcement of the act, ongoing projects, and projects for which the completion certificate had yet to be granted, must be registered under, and comply with, the provisions of the act.

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The dispute digest is compiled by Numen Law Offices, a multidisciplinary law firm based in New Delhi & Mumbai. The authors can be contacted at support@numenlaw.com. Readers should not act on the basis of this information without seeking professional legal advice.

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