Maharashtra Real Estate Appellate Tribunal

MahaREAT Grants Interest To Homebuyer For Delayed Possession, Rejects Builder's Defense Of Late Approval Of Occupation Certificate

Case: Veena Realcon pvt. Ltd. VS Mr. Shivkumar Inamdar

Maharashtra Real Estate Appellate Tribunal (MahaREAT/Tribunal) bench, comprising of Justice Shri Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Technical Member), has granted interest to homebuyer for delayed possession by rejecting the builder's contention of late approval of Occupation Certificate due to internal disputes between Maharashtra Housing and Development Authority (MHADA) and Municipal Corporation of Greater Mumbai (MCGM) regarding the issuance of approvals.

MahaREAT: Mere Non-Execution Of Agreement For Sale Does Not Bar Homebuyers From Invoking Section 18 Of RERA

Case: Kakad Housing Corporation VS Rajkumari Singh and another

Maharashtra Real Estate Appellate Tribunal (MahaREAT/Tribunal) bench, comprising of Justice Shri Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Technical Member), has held that the mere non-execution of the Agreement for Sale does not preclude homebuyers from invoking Section 18 of RERA, which confers an unqualified right upon the homebuyer to get refund of amount with interest if builder fails to complete the project or is unable to give possession of the flat on agreed timeline.

MahaREAT: Demanding Further Payment After Receiving More Than 20% Of The Flat Price For Executing Sale Agreement Is Illegal

Case: Kakad Housing Corporation VS Rajkumari Singh and another

Maharashtra Real Estate Appellate Tribunal (MahaREAT/Tribunal) bench, comprising of Justice Shri Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Technical Member), has held that demanding additional payment from homebuyers after receiving over 20% of the flat price for executing the agreement for sale is illegal. Consequently, the MahaREAT held the builder's termination of the letter of intent upon the homebuyers' failure to make the demanded payment as illegal.

Maharashtra Real Estate Regulatory Authority

MahaRERA Appoints Chandak Realtors As New Promoter Of Anantya After Former Promoter Failed To Implement Project

The Maharashtra Real Estate Regulatory Authority (MahaRERA) bench, comprising of Ajoy Mehta (Chairperson), Mahesh Pathak (Member) and Ravindra (Member), has appoints Chandak Realtors Private Limited as the new Promoter of the Anantya 1A & 1B Project located in Kurla after the former promoter failed to implement the Slum Rehabilitation Authority (SRA) Scheme for the redevelopment of three societies.

MahaRERA: A Real Estate Project Cannot Have Two Or Multiple Registration Numbers

The Maharashtra Real Estate Regulatory Authority (MahaRERA) bench, comprising of Ajoy Mehta (Chairperson), and Mahesh Pathak (Member), has held that as per Section 5(1)(a) of The Real Estate (Regulation and Development) Act, 2016, a real estate project cannot have two or multiple registration numbers.

Karnataka Real Estate Regulatory Authority

Homebuyer Paid Booking Price On Spot Without Reading Terms Of Document, Karnataka RERA Orders Full Refund

Case: MN Anudeep and Madhura MS Nilayam Vs Suvilas Realities Private Ltd.

The Karnataka Real Estate Regulatory Authority (KRERA) bench, comprising of Justice Neelmani N Raju (Member), has directed the builder to fully refund the booking price of Rs. 1 Lakh paid by the homebuyer on the spot after the request of the sales executive to book two flats, without reading the terms of the document.

Karnataka RERA Grants Homebuyer Permission To Withdraw From Project Due To Delayed Possession

Case: Anupkumar Shetty VS M/S Ozone Realtors Pvt. Ltd.

Karnataka Real Estate Regulatory Authority (KRERA/Authority) bench, comprising Justice Neelmani N Raju (Member), has granted the Homebuyer right to withdraw from the real estate project following several years of delayed possession. Subsequently, the Authority directed the builder to refund the entire amount paid by the homebuyer, along with interest.

Uttar Pradesh Real Estate Regulatory Authority

UPRERA Releases New Standard Operating Procedure For Registration Of Real Estate Agents

Uttar Pradesh Real Estate Regulatory Authority (UPRERA) has released a new Standard Operating Procedure (SOP) for Registration of Real Estate Agents. This SOP has been released in accordance with Section 9 of the Real Estate (Regulation and Development) Act, 2016, which stipulates provisions for the registration of real estate agents, and Section 10, which stipulates provisions related to the functions of real estate agents.

Punjab Real Estate Regulatory Authority

Punjab RERA Orders Compensation For Homebuyers After Project Site Was Declared As Protected Monument

Case: Jaswinder Singh & another Vs Estate Officer, Patiala Urban Planning and Development Authority, Urban Estate-II, Patiala

Punjab Real Estate Regulatory Authority (RERA/Authority) bench consisting of Justice Balbir Singh (Adjudicating Officer), has directed the builder to pay compensation on the amount paid by the homebuyers to book the project site in an auction after the project site was declared a Protected Monument by the Punjab Government under Section 4(3) of the Punjab Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1964.

Himachal Real Estate Regulatory Authority

Himachal RERA Grants Relief To Non-Himachali Homebuyer, Directing Builder To Refund With Interest If State Land Laws Permission Is Not Obtained

Case: Dr. Baljit Singh Sidhu and another VS Sh. Jagjit Singh Ahlawat and Suman Ahlawat

The Himachal Real Estate Regulatory Authority (HPRERA) bench comprising of Justice Dr. Srikant Badli and BC Badalia, has granted relief to a non-Himachali homebuyer under whose favor the builder was not executing a conveyance deed, as the homebuyer had not obtained necessary permission under Section 118 of the Himachal Pradesh Tenancy and Land Reforms Act 1972. Consequently, HPRERA directed the builder to refund the amount paid by the homebuyer to purchase the flat with interest if permission is not obtained under the act.

HPRERA - Builder Cannot Demand Full Payment from Homebuyer If Project's Occupancy Certificate Has Not Been Obtained

Case: Amit Rana Versus Ahlawat Developers and Promoters & others

The Himachal Real Estate Regulatory Authority (HPRERA) bench comprising of Justice Dr. Srikant Badli (Chairperson) and BC Badalia (Member), has held that a builder cannot demand full payment from the homebuyer if the Project's Occupancy Certificate has not been obtained and the construction of the flat is not complete within the agreed time for delivery of possession. Haryana Real Estate Regulatory Authority

Haryana RERA Directs Builder To Refund The Homebuyer's Amount With Interest, Rejects Builder's Investor Argument

Case: Uddipta Bimal Borah & another VS Ramprashtha Promoters and Developers Pvt. Ltd. & Another

Haryana Real Estate Regulatory Authority (Authority) comprising Justice Ashok Sangwan (Member), has directed the builder to refund the entire amount paid by the homebuyer with interest, rejecting the builder's contention that the homebuyer is not a consumer but an investor. Thus, the homebuyer is not entitled to file a complaint before the authority.

Haryana RERA Holds Builder's Pre-Occupation Certificate Possession Offer Invalid, Orders Interest For Delayed Possession

Case : Babu Lal Gupta & another V/S New look builders and Developers Pvt. Ltd

Haryana Real Estate Regulatory Authority (Authority) comprising Justice Vijay Kumar Goyal (Member), has held that the offer of possession made by the builder before obtaining the Occupation Certificate from local authorities is invalid and contrary to the law. Accordingly, the authority directed the builder to pay interest to the homebuyer for the delayed possession.

Telangana Real Estate Regulatory Authority

TSRERA: Mother Filing Complaint Through Special Power Of Attorney Representing Homebuyer-Daughter, Will Be Considered Aggrieved Party

Case: Dr. N. Saraswathi representing Ms. Thota Kiran Mayee, through SPA Versus Sri K. Ramesh

The Telangana Real Estate Regulatory Authority (TSRERA/Authority) bench, comprising of Justice Dr. N. Satyanarayana (Chairperson), K. Srinivasa Rao (Member), and Laxmi Narayana Jannu (Member), has held that the mother filing a complaint through the Special Power of Attorney (SPA) representing the daughter, who is the homebuyer, will be considered as a Homebuyer and an Aggrieved Person as defined under Section 2(d), 2(zg)(i) read with Section 31(1) of the RERA, 2016.

Telangana RERA Restrains Buildox Private Limited from Advertising and Selling Its Proposed Hafeezpet Project

Case: Sri Sharath Chandimal VS M/s Buildox Private Limited

The Telangana Real Estate Regulatory Authority (TSRERA ) bench comprising of Justice Dr. N. Satyanarayana (Chairperson), K. Srinivasa Rao (Member), and Laxmi Narayana Jannu (Member), has restrained Buildox Private Limited from advertising and selling its proposed Hafeezpet, Hyderabad project until the final disposal of the complaint filed against Buildox for violating Section 3 and 4 of the Real Estate (Regulation and Development) Act, 2016, pertaining to advertising an unregistered project.

Tamil Nadu Real Estate Regulatory Authority

TN RERA Orders Builder To Compensate Homebuyer For Mental Agony Faced Due To Delayed Possession

Case - Melvin Victor De Poures Versus M/S Poomalai Housing Private Limited

Tamil Nadu Real Estate Regulatory Authority (TNRERA) bench Comprising of TMT N. Uma Maheshwari (Adjudicating Officer) has directed the Builder to pay compensation for the mental agony and inconvenience faced by Homebuyers due to delays in delivering possession, despite fulfilling all payment requirements on time.

Rajasthan Real Estate Regulatory Authority

Rajasthan RERA Imposes 50 Lakh Fine On Builder For Failure To Register Project Under RERA

Case: Suo Motu Versus Harish Jasuja & another

Rajasthan Real Estate Regulatory Authority (Authority) bench comprising of Mrs. Veenu Gupta (Chairperson), has imposed a fine of Rs. 50 lakhs on the builders for failing to register the project under Section 3 of the Real Estate (Regulation and Development) Act, 2016 (RERA).