Legal Judgments & Property Rights Analysis

Unauthorized construction is an offense against the rule of law. I discuss a Supreme Court case that upheld the demolition of illegal floors, with the court observing that a person who disregards the law cannot be permitted to pray for regularization.

Can a builder use the moratorium under the Insolvency and Bankruptcy Code (IBC) to escape penalties from a consumer court? I explain a Supreme Court ruling that clarifies that the IBC is for resolving financial distress, not for avoiding statutory obligations like consumer penalties.

Can you file a case against your builder in RERA and a consumer forum at the same time? The answer is no. I explain the 'Doctrine of Election', a legal principle that requires you to choose one forum for your dispute to avoid weakening your case.

If you have defaulted on a loan and your property is being auctioned under the SARFAESI Act, you have a 'right of redemption'. I explain what this right is and how a 2016 amendment has changed the timeline for when you can exercise it to get your property back.

This post introduces Section 63 of the RERA Act, which deals with the penalties builders face for not complying with orders from the RERA authority. This section is a powerful tool for holding promoters accountable.

Section 63 of the RERA Act imposes severe financial consequences on promoters who fail to comply with RERA directives. For each day of default, a builder could face a fine of up to 5% of the estimated project cost.

A key case illustrates the power of RERA's penalty structure. A promoter who failed to register a project under Section 3 was fined up to 10% of the project cost, with the possibility of imprisonment for continued non-compliance.

Construction disputes are often caused by unclear contracts and unexpected changes in scope. I explain why prevention through a well-drafted contract is crucial and how alternative dispute resolution methods like arbitration and mediation can be more efficient than litigation.

When a contractual dispute arises, choosing the right court or forum is critical. I provide a breakdown of the different forums for various types of contracts, from civil and commercial courts to consumer forums and RERA.