REAL ESTATE WEEKLY ROUND UP: DECEMBER 2 – DECEMBER 8

Haryana RERA Directs Anant Raj Builders To Pay Interest, Execute Conveyance Deed In Favor Of Homebuyer

Case – Mohit Bansal Versus M/s. Anant Raj Ltd

Citation – Complaint No: 6493 Of 2022

Haryana Real Estate Regulatory Authority (Authority) bench comprising of Ashok Sangwan (Member) has directed M/s. Anant Raj Ltd to pay interest for delay and execute conveyance deed in the favour of Homebuyer.

Himachal Real Estate Regulatory Authority

Himachal RERA Rejects Homebuyer's Structural Defect Complaint Filed More Than 10 Years After Taking Possession

Case – Abeer Sharma Versus Sushma

Citation – Complaint No. HPRERA2024007/C

Himachal Real Estate Regulatory Authority (Authority) bench comprising Justice Srikant Baldi (Chairperson) rejected homebuyer's structural defect complaint, holding it to be time-barred as it was filed more than 10 years after taking possession.

However, the Authority found that the project in which the homebuyer purchased a flat was eligible to be registered under Section 3 of RERA, 2016. Therefore, the Authority directed the builder to register the project with RERA within one month.

Karnataka Real Estate Regulatory Authority

Karnataka RERA Directs Ozone Urbana Infra Developers To Refund Rs. 1.02 Crores To Homebuyer

Case Title – Gagan Chaturvedi Versus Ozone Urbana Infra Developers Private Limited

Case Citation – Compliant No: 01016/2023

Karnataka Real Estate Regulatory Authority (Authority) bench, comprising Neelmani N Raju (Member) has directed Ozone Urbana Infra Developers to refund Rs. 1.02 crores to the homebuyer after the builder failed to provide assured returns, pay Pre-EMIs and hand over the possession of the flat on time.

Monthly assured returns projects are schemes in which builders guarantee to pay homebuyers a fixed amount at regular intervals, typically monthly or for a designated period.

National Consumer Disputes Redressal Commission

Using Poor Quality Material During Construction: NCDRC Holds Builder Liable For Deficiency In Service

Case Title: Abdul Gagoor Vs. Jose K.V

Case Number: R.P. No. 1302/2019

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that usage of subpar resources for construction amounts to deficiency in service.

Delhi State Commission

Failure To Meet Contractual Obligations: Delhi State Commission Holds TDI Infrastructure Liable For Deficiency In Service

Case Title: Mr. Raman Singla Vs. TDI Infrastructure Ltd

Case Number: C.C. No. 1231/2018

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal and Ms. Pinki held TDI Infrastructure liable for deficiency in service due to non fulfillment of contractual obligations and delay in handing over the possession.

Parallel Proceedings On Same Issue In Different Forums Impermissible: Delhi State Commission Overturns District Commission's Order Against Philips Cooperative Group Housing

Case Title: Philips Cooperative Group Housing Society (Regd No.1024) Vs Mr.D.S. Kundu

Case Number: F.A. No. 100/2020

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal and Ms. Pinki held that parallel proceedings on the same issue in different forums are not permissible, as this could lead to judicial contradictions.

Failing To Refund Advances As Per Agreed Terms: Delhi State Commission Holds TDI Infracorp Liable For Deficiency In Service

Case Title: Mr. R.P. Phulia Vs TDI Infracorp Ltd. And Ors.

Case Number: C.C. No. 875/2018

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal, Ms. Pinki held that failing to refund advances as per the terms of the agreement amounts to deficiency in service.

Delay In Handing Possession And Failure To Refund : Delhi State Commission Holds J.M. Housing Ltd Liable For Deficiency In Service

Case Title: Mrs. Vijaywati Tiwari Vs. M/S J.M. Housing Ltd

Case Number: C.C. No. 936/2017

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal, Ms. Pinki held that a delay in handing possession to the buyer is a continuous wrong and failure to refund for the same, amounts to deficiency in service.

Delay In Possession A Continuous Cause of Action: Delhi State Commission Holds Raheja Developers Liable For Deficiency In Service

Case Title: Ms. Priya Sachdev Vs. M/S Raheja builder. s Pvt. Ltd.

Case Number: C.C. No. 77/2021

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal, Ms. Pinki held that a continuous delay in handing over the possession is a continuous cause of action and amounts to deficiency in service.