WB HIRA RELATED ISSUE ACCEPTENCE OF ORDER PASSED BY THE FORUM
2 years ago
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.
A.Dear Sir
It can be executed either through civil court or office of collector, as per the rules framed by the state government.
It can be executed either through civil court or office of collector, as per the rules framed by the state government.
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A.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 Cases under WB HIRA not to be entertained as Supreme Court has repealed the law as unconstitutional.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.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.
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.
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A.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.
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.
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Nishant Singh
Responded 2 years ago
A.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)
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)
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Ankur Goel @ Complete Law Shield
Responded 2 years ago
A.Har raat kunwari didi made fool (maybe they are already fool) of everyone by HIRA.
You have to file civil case.
You have to file civil case.
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Gopal Bandhu Acharya
Responded 2 years ago
A.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/
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