Rera Natural Justice Principles
Summary
RERA courts in India adhere to principles of natural justice like fair hearing, impartiality, and reasoned orders. If you face prejudice from a RERA Appellate, you can file a Special Leave Petition (SLP) in the Supreme Court under Article 136. In July 2018, the GST on under-construction properties was 12% with ITC, and builders were required to pass ITC benefits to buyers. Buyers couldnt opt for 5% GST without ITC unilaterally. If ITC benefits werent passed, you might have grounds for a complaint.Full Conversation
No, please provide all exhaustive set of principles of natural justice
The principles of natural justice that RERA (Real Estate Regulatory Authority) courts in India follow include:
- Audi Alteram Partem: Hear the other side.
- Nemo Judex in Causa Sua: No one should be a judge in their own cause.
- Reasoned Orders: Decisions must be reasoned and not arbitrary.
- Right to Legal Representation: Parties may be allowed to be represented by legal counsel.
- Fair Hearing: Ensuring that hearings are conducted fairly and transparently.
Do you need more specific information on how these principles are applied in RERA cases?
In India, RERA Appellate is prejudicing an ongoing case against me. Instead of a Writ of Mandamus, can I directly file an SLP in SC against such conduct of RERA Appellate?
You can file a Special Leave Petition (SLP) in the Supreme Court of India under Article * of the Constitution if you believe there has been a miscarriage of justice by the RERA Appellate Authority.
Have you considered consulting with a legal expert to understand the specifics of your case?
In July2018, could a home buyer ask Builder to levy *% (without ITC) GST instead of *% (with ITC) GST. My builder levied *% GST but did not pass ITC benefit to me. Also, if GST was *% without ITC and *% with ITC, does it mean that if with-iTC GST of Rs * (*%) is levied on a transaction of Rs100, then builder must give Rs * (*%) back to buyer?
In July *, the applicable GST rate on under-construction property was *% with Input Tax Credit (ITC). Builders were required to pass on the benefit of ITC to home buyers. A home buyer couldn't unilaterally choose to levy *% without ITC. If the builder didn't pass on the ITC benefit, you may have grounds to file a complaint.
Have you approached the builder regarding the non-passing of ITC benefits?