State Act

The West Bengal Housing Industry Regulation Act, 2017

This Act was repealed on 4 May 2021 by struck down as beyond the State's legislative power by the Supreme Court in Forum for People's Collective Efforts v. State of West Bengal (4 May 2021); it may still apply to matters that began before then.

40. (1) If a promoter or an allottee or a real estate agent, as the case may be, fails to pay any interest or penalty or compensation imposed on him by the Regulatory Authority or the Appellate Authority, as the case may be under this Act or the rules and regulations made thereunder, it shall be recoverable from such promoter or allottee or real estate agent, in such manner as may be prescribed as an arrears of land revenue. (2) If any Regulatory Authority or the Appellate Tribunal, as the case may be, issues any order or directs any person to do any act or refrain from doing any act, which it is empowered to do under this Act or the rules or regulations made thereunder, then in case of failure by any person to comply with such order or direction, the same shall be enforced, in such manner as may be prescribed. (3) While adjudging the quantum of compensation or interest, as the case may be, the Authority shall have due regard to the following factors, namely:— (a) the amount of disproportionate gain or unfair advantage, wherever quantifiable, made as a result of the default; (b) the amount of loss caused as a result of the default; (c) the repetitive nature of the default; (d) such other factors which the Authority considers necessary to the case in furtherance of justice.