RERA Does Not Bar Consumer Fora From Entertaining Complaints By Allottee, Reiterates Supreme Court

first_imgNews UpdatesRERA Does Not Bar Consumer Fora From Entertaining Complaints By Allottee, Reiterates Supreme Court LIVELAW NEWS NETWORK4 Dec 2020 3:50 AMShare This – xThe Supreme Court has reiterated that Section 79 of the RERA Act does not bar the Consumer fora from entertaining complaint on behalf of an allottee.In this case, the issue before the Delhi High Court was whether the proceedings under the Consumer Protection Act, 1986 can be commenced by home buyers (or allottees of properties in proposed real estate development projects) against…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Supreme Court has reiterated that Section 79 of the RERA Act does not bar the Consumer fora from entertaining complaint on behalf of an allottee.In this case, the issue before the Delhi High Court was whether the proceedings under the Consumer Protection Act, 1986 can be commenced by home buyers (or allottees of properties in proposed real estate development projects) against developers, after the commencement of the Real Estate (Development and Regulation) Act, 2016. The High Court relied on the judgment in Pioneer Urban Land and Infrastructure Ltd. & Anr. Vs. Union of India to hold that the remedies available to the allottees under CPA and RERA are concurrent.While considering the Special Leave Petition filed against this judgment, the bench comprising Justices Uday Umesh  Lalit and Vineet Saran noted that in a recent judgment [Imperia Structures Ltd. Vs. Anil Patni and Another], it was held that Section 79 of the RERA Act would not in any way bar the Commission or Forum under the provisions of the Consumer Protection Act to entertain any complaint on behalf of an allottee.”Thus, the instant matter stands concluded by decisions of this Court in Pioneer Urban Land and Infrastructure Ltd. and M/s Imperia Structures Ltd. In the circumstances, we see no reason to interfere in the matter. This SLP is therefore, dismissed.”, the bench said while dismissing the SLP.In M/s Imperia Structures Ltd., the Court had held that a complaint before Consumer Fora by allottees against builders is not barred by the Real Estate (Regulation and Development) Act, 2016. “Again, insofar as cases where such proceedings under the CP Act are initiated after the provisions of the RERA Act came into force, there is nothing in the RERA Act which bars such initiation. The absence of bar under Section 79 to the initiation of proceedings before a fora which cannot be called a Civil Court and express saving under Section 88 of the RERA Act, make the position quite clear. Further, Section 18 itself specifies that the remedy under said Section is “without prejudice to any other remedy available”. Thus, the parliamentary intent is clear that a choice or discretion is given to the allottee whether he wishes to initiate appropriate proceedings under the CP Act or file an application under the RERA Act”, the court had observed in that case.Case: TODAY HOMES AND INFRASTRUCTURE PVT LTD vs. AJAY NAGPAL [r Special Leave to Appeal (C) No(s). 23386/2019]Coram: Justices Uday Umesh Lalit and Vineet SaranCounsel: Adv Kanika Agnihotri, AOR Manish K. BishnoiClick here to Read/Download OrderRead OrderSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

Heath’s a wonder Down Under

first_img19 Jan 2020 Heath’s a wonder Down Under Tags: Charlotte Heath, England Men’s Team, england women, Yorkshire Charlotte Heath swept away the challenge of Indonesia’s Mela Putri to claim a stunning victory in the Australian Women’s Amateur Championship.The England women’s squad member was too strong for her 22-year-old rival and claimed a majestic 7&6 victory in the 36-hole final at the Royal Queensland Golf Club.Yorkshire county player Heath got off to a fast start and was three up after five holes.On completion of the first round, Heath’s lead was a commanding eight holes.In the afternoon, the 18-year-old then tightened her grip by holing her approach to the third hole from 180 yards for an eagle and increased the advantage to 10 holes.Putri fought back to win four of the next five and threaten a comeback, but Heath held her nerve to hole a par putt on the 12th and claim the title with six holes to spare.After the win, Heath told Golf Australia: “It was a bit stressful and I was super nervous to start.“I got off to a quick start and then in the second 18 she started playing really good and it was tense.“I made two bogeys and she made two birdies and I dropped a few. But I kept my head and kept going.”Heath – a  member at Huddersfield Golf Club – is no stranger to winning after triumphs in the Sir Henry Cooper Junior Masters and the Pleasington Putter.However, the win Down Under is by far the most significant of her fledgling career.It will also catapult her up the world rankings from her current position of 226.As she hovered over the matchwinning putt, the teenager said: “I was just like ‘hole it’ – it was for a half anyway so if I missed it and it went six feet past it didn’t really matter.”As well as the honour and the trophy, Heath will now be invited to two LPGA events – the Victoria Open and Women’s Australian Open.Before that she has some pleading to do with teachers.“I’ve never played in LPGA event – hopefully I can get time off school!” she added with a smile.Heath qualified for the match play event by finishing in a tie for 17th in the stroke play.Rounds of 71 and 74 saw her enter the knockout stages somewhat under the radar.But while Cornwall’s Emily Toy and top seed – winner of the stroke play – unfortunately fell at the first hurdle to eventual finalist Putri, Heath built up momentum as the week went on.A 4&2 win over Australia’s Fiona Xu earned Heath a place in the last 16 where another local hero – Charley Jacobs – was swept aside by the same score.On Saturday, a third Aussie was put to the sword in the quarter-finals when Heath triumphed over the much-fancied Lian Higo by an emphatic 3&2 winning margin.South Korea’s Minju Kim was the next opponent for Heath, but with confidence growing the English women’s international notched another impressive 3&2 win.Then came the crowning glory with Heath thoroughly deserving of her plaudits.In the men’s event, Ben Jones (pictured above), Charlie Strickland and Matty Lamb all made it safely through from the stroke play to the match play stages.Northumberland’s Lamb had his run halted in the last 16 by Australia’s Louis Dobbelaar.However, Northamptonshire’s Jones and Strickland from Sussex deserve huge credit for battling through to the semi-finals before finally losing out.Jones’ match with Northern Ireland’s Tom McKibbin was nip and tuck all the way with the man from Holywood edging it by a single hole.Australia’s Jediah Morgan – who went on to win the event – had too much in the tank for Strickland who lost 5&3.The seven-strong England squad (five men and two women) now move on from Royal Queensland to play in the New South Wales’ Amateur being held jointly at St Michael’s Golf Club and the Coast Golf Club in Little Bay.Their Australian adventure ends with the Avondale Amateur at Avondale Golf Club between 28-31 January.Main Photograph credit: Golf Australialast_img read more

Mallard’s Team of the Week — Fred Thomson rink

first_imgIt was festive time at the Nelson Curling Club as rinks from throughout the region competed at the annual Mixed Valentine’s Bonspiel. For the third consecutive year the Fred Thomson rink came out on top, winning the Thorman Drilling A event title.  Staff and management at Mallard’s Source For Sports would like to add to the celebrations with Team of the Week honours.The team includes, from left, Jamie Tedesco, Marlo Tedesco, sponsor Audrey McKenzie, Gioconda Maida and skip Fred Thomson.last_img

HEAVILY FAVORED MIDNIGHT STORM EARNS 1 ¼ LENGTH VICTORY UNDER BEJARANO IN GRADE II, $200,000 SAN PASQUAL STAKES; D’AMATO TRAINEE GETS 1 1/16 MILES OVER A WET FAST SURFACE IN 1:40.65

first_imgARCADIA, Calif. (Jan. 1, 2017)–With the mighty Arrogate declared from the race earlier in the day, trainer Phil D’Amato’s Midnight Storm assumed the mantle of heavily backed favorite and he didn’t disappoint, taking Sunday’s Grade II, $200,000 San Pasqual Stakes by 1 ¼ lengths under Rafael Bejarano while getting a mile and a sixteenth in 1:40.65 over Santa Anita’s wet fast main track.Breaking from the outside in a field of four older horses, Midnight Storm went to the lead as expected, but was immediately engaged by eventual third place finisher Dalmore, who although he was never able to draw even with him, pressed the winner through splits of 23.02, 45.59, 1:08.93 and 1:33.98.“I knew I had to put my horse on the lead,” said Bejarano.  “I needed a good start and when I put him on the lead, I felt the pressure right away.  Dalmore was right next to me, chasing me the whole way.  I kept him on the lead but tried to give him a breather at the half mile pole.  At the three eighths I knew he would keep running.  He loves to be on the lead and he always gives me something else.”A Grade I stakes winner on turf, Midnight Storm came off a rousing 7 ¾ length win on dirt in the Grade III Native Diver Stakes at Del Mar on Nov. 27 and was thus dispatched as the 3-5 favorite today.  With no show wagering, he paid $3.20 and $2.10.“I thought he’d love the surface,” said D’Amato.  “They were going fast.  I saw 45 and 1:08 and change and he dug in there gamely and held them off today.  We were going to the lead, whether Arrogate was in or not…We thought Accelerate would be the one pressing us, not Dalmore, but it still worked out and he maintained through some grueling fractions and he showed his class in the stretch.”Owned by A Venneri Racing, Inc. and Little Red Feather Racing, Midnight Storm, a 6-year-old horse by Pioneerof the Nile, notched his 10th win from 21 starts and with the winner’s share of $120,000, increased his earnings to $1,461,110.Last after the first half mile, Accelerate, who was ridden by Tyler Baze, flew late for second money, finishing 2 ½ lengths in front of Dalmore.  Off at 7-2, Accelerate paid $3.00 to place.“He’s going to be a super horse, I really mean that,” said Baze.  “I think John’s going to try blinkers next time and we’ll try to get him into the race a little sooner.  He’s going to be a special horse.”Santa Anita will be open for special holiday racing on Monday, with first post time for a nine-race card at 12:30 p.m.  Admission gates open at 10:30 a.m.last_img read more

CC show them your best! – Weatherly

first_imgThere have been many great performances in what has been a perfect season for Western Jamaica’s ISSA/FLOW Super Cup flag-bearers Cornwall College. Yet, they arrive in Kingston ahead of today’s final at Sabina Park, looking to do even better with Wolmer’s standing between them and their place in history as the daCosta Cup’s first Super Cup winner. Cornwall played their first game at Sabina Park last week – a 4-2 win over of a strong Clarendon College team in the semi-finals. It was the latest tick in a season that has seen the self-proclaimed ‘Original CC’ outfit go unbeaten in 19 games in all competitions – including 16 wins in 16 DCup games. Yet, coach Dean Weatherly believes there’s a lot more to come from his boys. “Peaked? No, no, no we have not peaked. We have ways to go still; we are probably at about 80 per cent right now, which is happening for us at a good time in the season,” he said. Weatherly, while being respectful of a tactical Wolmer’s team, says they will play without fear and work for the win. “We are hoping that the boys turn out and produce their best game. I guess if we turn out and play our A game it will be successful,” he told The Gleaner prior to his team’s arrival here in Kingston, last evening. “We didn’t overstretch against Clarendon, we have more in the tank for sure, everybody (players) is good and we will have a full strength team tomorrow (today),” added Weatherly. “We are just hoping to play some good football and see if we can stick to Wolmer’s because it’s a hard running team, and we have to match up with them,” he stressed. “Our players have to express themselves within limits and as long as they are playing within what is the required system, then individually, we just have to make them feel comfortable in what they are doing,” he assured. Like his counterpart on the Wolmer’s bench, he feels playing at Sabina Park will not give either team an advantage. “As long as you are on top the fans will go anywhere, it doesn’t matter where the game is being played. Yes, of course we can win, we are going for that but you know how football is, and teenagers,” added Weatherly.last_img read more

Hewitt having ‘Ghost’ trouble

first_imgThe lawsuit against actress Jennifer Love Hewitt, alleging breach of contract, reads like a Hollywood treatment. The star of the television program “The Ghost Whisperer” “plays a young woman with the unique ability to talk to `earth bound spirits’ who seek help in `resolving unfinished business with the living,”‘ it reads. “In real life, however, Love Hewitt is having troubles `resolving unfinished business with the living.”‘ The actress’s former management firm, Handprint Entertainment LLC, claims she has reneged on a 2002 oral agreement to pay a 10 percent commission on all deals negotiated during the company’s tenure. The contract should include earnings from “The Ghost Whisperer,” Handprint said in the complaint filed in Superior Court. Hewitt’s publicist Sarah Fuller referred all questions about the case to the actress’s attorney Bob Wallerstein. Wallerstein said the “lawsuit is without merit,” and declined further comment. Handprint said Hewitt acknowledged the agreement by paying 10 percent of her earnings from her first season on the program, even after replacing the management company. Hewitt, star of the slasher flick “I Know What you Did Last Summer,” “knows what she did last season,” the complaint said. The company is seeking at least $350,000 it says it is owed and any legal costs, according to the complaint. 160Want local news?Sign up for the Localist and stay informed Something went wrong. Please try again.subscribeCongratulations! You’re all set!last_img

Proceeds from Community Shield match will be donated to Grenfell Tower victims

first_img1 Proceeds from this summer’s Community Shield match at Wembley will be donated to those affected by the Grenfell Tower fire.The Football Association says it is hoped that the match will raise around £1.25million for the victims of the tragedy and their families. The number of people to have died as a result of the fire, including those classed as missing presumed dead, remains at 79.The FA will also invite the families of the victims, survivors and emergency service personnel to the game between Arsenal and Chelsea on Sunday, August 6.FA chairman Greg Clarke said: “Like the rest of the country, we were all deeply saddened by the terrible incident at Grenfell Tower. The suffering and loss for those involved is unimaginable.“Whilst only a football match, we hope that in some small way through the Community Shield we can help. Two great London clubs will come together to play at the city’s most famous stadium just a few miles from Kensington. They will be united in their passion for football, grief at this tragic loss and support for their community.“Football is for all, and we hope that on August 6 it can in its own way give something back to those who are most in need.” Manchester United won last year’s community shield last_img read more

You Are Selling for Competitive Advantage

first_imgYou aren’t just trying to compete for your dream client’s business; you’re trying to win their business. Everything you do, every sales interaction, needs to be designed to create a competitive advantage. You want a complete and total mismatch when your dream client evaluates you against your competitors (and against you most dangerous nemesis, the status quo).Trust and RelationshipYou want the competitive advantage of having the strongest relationship. Trust is the foundation of that relationship. Caring is, in part, the foundation of trust. As much talk is there is today about insights and ideas, you still want the competitive advantage of being known, liked, and trusted.All things being equal, relationships win. All things being unequal, relationships still probably win. You seek to make all things unequal by developing the relationships you need to stack the deck in your favor.Perception of ValueYour relationships allow you to spend time with your dream clients. That access gives you the ability to uncover and understand your dream client’s perception of value. If you have really strong relationships, you have the ability to help shape that perception of value.Creating the greatest–and highest levels–of value is a massive wedge of a competitive advantage. You sell to create that value.Ability to ExecuteOne of the ways you create a competitive mismatch is by selling in a way that proves you have the ability to execute. More than ever, your dream clients need to know that when they make the necessary investments that they’ll get the results that they paid for. They’re afraid of risk. They’re afraid of failing. They’re afraid of change.You create a competitive advantage by providing proof and evidence of your ability to execute, be it through references, site visits, or implementation meetings. Execution isn’t just something you do after you sell; it’s part of what you sell to create a stacked deck.Tilt the Playing FieldYou are selling so that you can tilt the playing field in your direction. You want an absolute advantage over your competitors. You sell to make it easy for your dream client to say “yes” to you and “no” to your competitors. How well you sell determines whether or not you create a competitive advantage.QuestionsHow does how you sell create a competitive advantage?How much does relationships and trust count towards a real competitive advantage?Do heavily does your dream client’s perception of value create a competitive advantage?When is it right to focus on execution?last_img read more

Video: Porn Star Mia Khalifa Outlines The Reasons That Braxton Miller Should Transfer To Florida State

first_imgCardale Jones throwing a pass at an Ohio State football practice.COLUMBUS, OH – APRIL 18: Quarterbacks J.T. Barrett #16 of the Ohio State Buckeyes and Braxton Miller #5 of the Ohio State Buckeyes watch alongside Head Coach Urban Meyer of the Ohio State Buckeyes as Cardale Jones #12 of the Ohio State Buckeyes runs the offense for the Ohio State Buckeyes Gray team against the Scarlet team at Ohio Stadium on April 18, 2015 in Columbus, Ohio. (Photo by Jamie Sabau/Getty Images)Noted Florida State fan Mia Khalifa, who is also one of the world’s most famous adult film stars, has been trying to recruit Ohio State quarterback Braxton Miller to play for her Seminoles for weeks now. Last Friday, Khalifa tweeted at Miller in an attempt to persuade him to finish his college career in Tallahassee. Apparently she needed more than 140 characters to outline the reasons that the Buckeye star should make the move to FSU, so she put together a video for her full pitch. Among her pitches are Florida’s beaches and vacation spots, which he can’t find in Ohio, Jimbo Fisher’s coaching acumen, the ability to beat Clemson, and, of course, the girls of Florida State. She also makes sure to play it safe when it comes to NCAA. We’re not sure if this will help sway Miller at all, but it certainly can’t hurt.last_img read more

Nevsun Resources says Lundin offer ignores fundamental value of the company

first_imgTORONTO – Nevsun Resources Ltd. says a renewed takeover offer by Lundin Mining Corp. ignores the fundamental value of the company.The company urged shareholders to take no action in response to Lundin’s announcement, noting that no formal offer has yet been made.Lundin Mining says it plans to make a restructured $1.4-billion cash offer for Nevsun Resources after a previous attempt fell through.In May, the company partnered with Euro Sun Mining Inc. on a roughly $1.5-billion takeover offer that was a combination of cash and shares in both firms.Nevsun rejected that offer because it said it overvalued Euro Sun’s shares and because the company’s involvement raised other uncertainties.The company says the latest offer of $4.75 per share in cash is less than the $5 in cash and shares in an expression of interest by Lundin earlier this month.Shares in Nevsun, which operates the Bisha Mine in Eritrea and the Timok project in Serbia, closed down nine cents at $4.21 on the Toronto Stock Exchange on Monday.Companies in this story: (TSX:NSU, TSX:LUN, TSX:ESM)last_img read more