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The Real Estate (Regulation and Development) Act, 2016 – Section Summary

Section	Rule	Key Concept	Case Law
2	Definitions	Defines key terms like promoter, allottee, project	Newtech Promoters v State of UP
3	Registration of real estate project	Project must be registered before sale or advertisement	MahaRERA v Neelkamal Realtors
4	Application for registration	Promoter must give full project details to authority	Neelkamal Realtors v Union of India
5	Grant of registration	Authority gives registration after checking details	MahaRERA v Neelkamal Realtors
6	Extension of registration	Registration can be extended in certain cases	Newtech Promoters v State of UP
7	Revocation of registration	Registration can be cancelled for violations	MahaRERA v Neelkamal Realtors
8	Obligation after revocation	Authority ensures project completion after cancellation	Newtech Promoters v State of UP
9	Registration of real estate agent	Agents must register before dealing in projects	Newtech Promoters v State of UP
10	Functions of real estate agent	Agents must follow rules and give correct information	Imperia Structures v Anil Patni
11	Functions of promoter	Promoter must follow approved plans and give true details	Imperia Structures v Anil Patni
12	Obligation regarding advertisement	Promoter responsible for truth of advertisements	Imperia Structures v Anil Patni
13	Agreement for sale	Sale must be through written agreement	Pioneer Urban Land v Govindan Raghavan
14	Adherence to sanctioned plans	Promoter must follow approved building plans	Pioneer Urban Land v Govindan Raghavan
16	Insurance of project	Promoter must insure project risks	Newtech Promoters v State of UP
17	Transfer of title	Promoter must transfer ownership to buyer	Pioneer Urban Land v Govindan Raghavan
18	Return of amount and compensation	Buyer can get refund or compensation for delay or defect	Pioneer Urban Land v Govindan Raghavan Imperia Structures v Anil Patni
19	Rights of allottees	Buyers have rights to information and possession	Imperia Structures v Anil Patni
20	Establishment of Authority	Government sets up RERA authority	Newtech Promoters v State of UP
31	Filing of complaint	Any person can file complaint before authority	Newtech Promoters v State of UP
34	Functions of Authority	Authority regulates and protects buyers	MahaRERA v Neelkamal Realtors
35	Powers of Authority	Authority has powers like a civil court	Newtech Promoters v State of UP
36	Interim orders	Authority can give temporary relief	Imperia Structures v Anil Patni
37	Directions by Authority	Authority can issue directions to ensure compliance	Newtech Promoters v State of UP
38	Powers of Authority to impose penalty	Authority can impose fines and penalties	Newtech Promoters v State of UP
43	Establishment of Appellate Tribunal	Tribunal hears appeals against authority decisions	Newtech Promoters v State of UP
44	Appeal to Appellate Tribunal	Appeal must be filed within prescribed time	Newtech Promoters v State of UP
59	Penalty for non-registration	Heavy penalty for not registering project	MahaRERA v Neelkamal Realtors
60	Penalty for false information	Penalty for giving wrong details	Imperia Structures v Anil Patni
61	Penalty for other violations	General penalty for rule violation	Newtech Promoters v State of UP
63	Penalty for failure to comply with orders	Penalty for not following authority orders	Newtech Promoters v State of UP
71	Adjudicating officer	Officer decides compensation matters	Newtech Promoters v State of UP
79	Bar of jurisdiction	Civil courts cannot hear RERA matters	Imperia Structures v Anil Patni
88	Application of other laws	RERA is in addition to other laws	Imperia Structures v Anil Patni
89	Overriding effect	RERA overrides conflicting laws	Imperia Structures v Anil Patni