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Last Updated On 30-May-2021
Property

WB HIRA RELATED ISSUE ACCEPTENCE OF ORDER PASSED BY THE FORUM

I have some issues regarding a flat with the builder and I want to register a case against him at WB HIRA forum, kindly advise whether the orders passed by the forum are binding on the builder or he can get away with it and what will be my remedies then? Do I have to register again at the Civil court? TIA.

( Kolkata, West Bengal )

29-May-2021

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A.
Dear Sir
It can be executed either through civil court or office of collector, as per the rules framed by the state government.
Posted On 30-May-2021
Kishan Dutt Kalaskar
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It is better to file case in consumer forum and get the judgement done. Cases under WB HIRA not to be entertained as Supreme Court has repealed the law as unconstitutional.
Posted On 30-May-2021
Abhimanyu Shandilya Advocate Abhimanyu Shandilya
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Hi,
WB HIRA was an alternative framed by the West Bengal legislature in place of RERA because of which you might not find any RERA court in WB. Recently, the SC also struck down HIRA as it was unconstitutional and in contravention with the RERA Act. Filing a civil court might be the only option left now.
If you find my answer helpful then kindly rate me.
Posted On 30-May-2021
Vidhikarya
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Hi,
WB HIRA is no longer viable for your case since it has been struck down by the SC for encroaching upon the Centre's domain. Since RERA court is also not available as an alternative, you have to consider filing a suit before the civil court only.
If you find my answer helpful then kindly rate me.
Posted On 30-May-2021
Vidhikarya
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Hello,

The Supreme Court on 3rd May 2021 struck down the West Bengal- Housing Industry Regulation Act, 2017( WB-HIRA), holding it to be unconstitutional in view of 2017 Real Estate (Regulation and Development) Act (RERA) which is the central legislation on the identical subject-matter.

So, its better to file complaint at Consumer Form or Civil Court.

Thanks with regards

Nishant Singh (Adv)
Posted On 30-May-2021
Vidhikarya
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Har raat kunwari didi made fool (maybe they are already fool) of everyone by HIRA.

You have to file civil case.
Posted On 30-May-2021
Vidhikarya
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It would be better to file suit in Civil Court. This link will clarify your doubt. https://www.centrik.in/blogs/supreme-court-strikes-down-the-wbhira-for-being-in-conflict-with-rera/
Posted On 29-May-2021
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