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Real estate legal experts believe that home buyers have multiple legal avenues to claim refund from a developer. Read here to find out more.


Recently, the Haryana Real Estate Regulatory Authority (HRERA) issued arrest warrants against directors of a real estate firm for allegedly failing to deliver residential units to homebuyers on time and for not giving refunds to the allottees.


Sharing views on this matter, our Partner Simranjeet Singh in conversation with the @Outlook Money explained the "Legal Recourse the homebuyers have against a real estate developer under which they can claim refund for non-fulfilment of obligations on the part of the developer".


https://bit.ly/3LXR9Le


#realestate #money #developer #refund #homebuyers #rera #recourse #claim #athenalegal

While dealing with the application, the Supreme Court observed that the distribution commission accrued in favor of its members before the winding-up proceedings in six schemes of Franklin Templeton Trustee Services Pvt. Ltd. Further, the same was also transferred to the liquidator appointed by the Hon’ble Court, M/s SBI Funds Management Pvt. Ltd.


The Supreme Court on Tuesday directed M/s SBI Funds Management Pvt. Ltd. to secure the amount meant for Distribution Commission to be paid to the Mutual Fund Distributors.

An application was filed by the Foundation of Independent Financial Advisors, a no-profit organization to safeguard the interest of its members and sought a direction to disburse due and payable distribution commission to its members.

While dealing with the application, the Supreme Court observed that the distribution commission accrued in favor of its members before the winding-up proceedings in six schemes of Franklin Templeton Trustee Services Pvt. Ltd. Further, the same was also transferred to the liquidator appointed by the Hon’ble Court, M/s SBI Funds Management Pvt. Ltd.

Responding to a query from the Hon’ble Court, the Ld. Counsel appearing for M/s SBI Funds Management Pvt. Ltd. stated that so far no specific amount of the Distribution Commission is earmarked for members of the applicant prior to disbursing the money to the investors of the six schemes. On a query from the Court, the Counsel also submitted that a total Distribution Commission accrued in this regard is about Rs.77 Crores. Foundation of Independent Financial Advisors submitted that about Rs.19 Crores out of that sum is due and payable to approximately 1400 of its members which is part of about Rs.77 Crores.

The Court issued a notice in the Application filed by the Foundation of Independent Financial Advisors and directed the Securities and Exchange Board of India to file its response to the same. The Hon’ble Court also observed that since issuing of the Distribution Commission of the members of the Foundation of Independent Financial Advisors is yet to be decided, therefore, no further disbursement shall take place without prior permission of the Court.

Lawyers involved in the matters: Mr Jayant Bhushan, Sr Advocate briefed by a team from Athena Legal led by Mr Simranjeet Singh, Partner along with Mr. Gautam Talukdar & Mr. Jatin Khatri.


The team of Advocates on behalf of Ruchi Soya Ind Ltd was led by Mr. Parag P Tripathi, Sr Advocate assisted by Mr. Rajesh Rawal along with a team of Advocates from Athena Legal represented by Mr. Simranjeet Singh, Mr. Gautam Talukdar, Miss Rhea Dube and external counsels Mr. Kunal Vaishnav and Miss Mishika


https://www.latestlaws.com/case-analysis/sc-expounds-claims-made-by-the-govts-that-are-not-part-of-the-resolution-plan-have-no-legs-to-stand-in-the-eyes-of-law-read-judgment-183135