RERA Cases Weekly Round Up: July 22 To July 28,2024

Haryana RERA Directs Builder To Pay Interest And Pass Benefit Of Tax Reduction To Homebuyer

Case – Satakshi Gupta & anr Versus M/S Chirag Buildtec Pvt. Ltd.

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Sanjeev Kumar Arora (Member), has directed M/S Chirag Buildtec Pvt. Ltd., the builder to pay interest to homebuyer for delayed possession and pass the benefit of Tax reduction to Homebuyer.

The builder continued charging 8% GST from the homebuyer, despite the Ministry of Finance's Notification No. 03/2019 CT (Rate) dated March 29, 2019, which reduced the GST rate on Affordable Housing Projects to 1%.

Builder Failed To Obtain Environmental Clearance Even After One Year From Holding Draw Of Lots, Haryana RERA Orders Refund

Case – Veena Chawla Versus M/S Ocean Seven Buildtech Private Limited A/W Ayushi Gupta Versus M/S Ocean Seven Buildtech Private Limited

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Sanjeev Kumar Arora (Member), has directed M/S Ocean Seven Buildtech Private Limited, the builder to refund the amount paid by the homebuyer after the builder failed to obtain environmental clearance even after one year from holding the draw of lots under the Affordable Housing Policy, 2013.

Haryana RERA Orders ALM Infotech To Refund Amount Paid By Homebuyer Of ILD Grand

Case – Atiqur Rahman Ansari Versus M/s ALM Infotech City Private Limited,

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Sanjeev Kumar Arora (Member), has directed M/s ALM Infotech City Private Limited, the builder, to refund the amount paid by the homebuyer, along with interest. As per the agreement for sale, the builder was supposed to hand over possession of the flat by September 2016.

Maharashtra Real Estate Regulatory Authority

MahaRERA Orders Aurangabad Holiday Resorts To Pay Interest To Homebuyer, Rejects Late Environmental Clearance As Cause For Delay

Case – Mrs. Vidula Girish Rao Versus Aurangabad Holiday Resorts

Maharashtra Real Estate Regulatory Authority (Authority) bench, comprising Mahesh Pathak (Member – I), has directed Aurangabad Holiday Resorts, the builder, to pay interest to the homebuyer for the delay in handing over possession of the flats. The authority rejected the builder's contention that the delay was caused by late environmental clearance and the COVID-19 pandemic.

MahaRERA - Homebuyers Accepting Partial Refund From Builder Without Interest Can't Later Seek Refund With Interest

Case – Sujit Tulshiram Ranmale Versus Deron Properties Pvt Ltd A/W Ankur Dilip Patni Versus Deron Properties Pvt Ltd

While rejecting the homebuyers' request for a refund with interest, who had accepted a partial refund of 15 lakhs from the builder without interest, Maharashtra Real Estate Regulatory Authority (Authority) bench, comprising Mahesh Pathak (Member – I), held that homebuyers accepting a partial refund amount from the builder without interest cannot later seek a refund with interest under Section 18 of RERA, 2016.

Karnataka Real Estate Regulatory Authority

Eight Years Delay In Completing Project, Karnataka RERA Orders Sashwati Realty To Refund

Case – Ms. Aditya Jeurkar Versus M/s Sashwati Realty Pvt. Ltd.

Karnataka Real Estate Regulatory Authority (Authority) bench, comprising GR Reddy (Member), has directed M/S Sashwati Realty, the builder, to refund the amount paid by the homebuyer to purchase a flat, after the builder failed to complete the project even after Eight-year delay.

Karnataka RERA Orders Ozone Elegant Developers To Pay Interest, Hand Over Possession Of Flat To Homebuyer

Case – Vijayanand Paulraj & Anr Versus Ozone Elegant Developers LLP

Karnataka Real Estate Regulatory Authority (Authority) bench, comprising Neelmani N Raju (Member), has directed Ozone Elegant Developers LLP, the builder, to pay interest to the homebuyer for their failure to hand over possession of the flat on time. Additionally, the authority also directed the builder to hand over possession of the flat after completing the construction.

Delay In Handing Over Possession, Karnataka RERA Directs Ozone Urbana Infra Developers To Refund

Case – Shankar Ganiger Versus Ozone Urbana Infra Developers

Karnataka Real Estate Regulatory Authority (Authority) bench, comprising Neelmani N Raju (Member), has directed Ozone Urbana Infra Developers, the builder, to refund Rs. 49.5 lakhs to the homebuyer after the builder failed to provide possession of the flat on time. According to the Sale agreement, the builder was supposed to provide possession by June 2023.

Rajasthan Real Estate Regulatory Authority

Rajasthan RERA Orders Refund To Four Homebuyers Of Sahara City Homes

Case – Nerraj Choudhary & others Versus Sahara Prime City Limited A/W 3 others

Rajasthan Real Estate Regulatory Authority (Authority) Bench, comprising Veenu Gupta (Chairperson), has directed Sahara Prime City Limited, the builder, to refund the amount paid by four homebuyers of the Sahara City Homes project, Jaipur after the builder failed to provide timely possession.

Maharashtra Real Estate Appellate Tribunal

MahaREAT - For Appeal, Builder Liable To Pre-Deposit Amount Received From Homebuyer & Amount Paid By Financer

Case – M86 Residency Private Limited Versus Mr. Ketan Kataria & anr

Maharashtra Real Estate Appellate Tribunal (Tribunal) Bench, comprising SS Shinde J (Chairperson) and Dr. K. Shivaji (Technical Member), held that the builder is liable to pre-deposit the amount received from the homebuyer, as well as the amount paid by the financer to the builder on behalf of the homebuyer, under Section 43(5) of the Real Estate (Regulation & Development) Act, 2016.