RERA CASES MONTHLY DIGEST – OCTOBER, 2024

Haryana RERA Upholds Cancellation Of Flat's Booking, Orders Ireo Grace To Refund After Deducting 10% Of Total Sales Price

Case – Anuj Agrawal & anr Versus M/s Ireo Grace Realtech Private Limited

Citation - Complaint No. 5387 of 2022

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed M/s Ireo Grace Realtech Private Limited, the builder, to refund the amount paid by the homebuyer, after deducting 10% of the total cost of the flat as earnest money. The complaint was filed by the homebuyer after the builder forfeited homebuyer's Rs.39,42,088/-.

Haryana RERA Directs Ocean Seven Buildtech To Pay Interest To Homebuyer For Delayed Possession

Case – Shreya Sachan Versus Ocean Seven Buildtech Private Limited

Citation – Complaint No. 8103 of 2022

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed Ocean Seven Buildtech Pvt. Ltd., the builder, to pay interest to the homebuyer who was allotted a flat in the builder's Affordable Housing project named Expressway Towers, for delayed possession.

Haryana RERA Issues Reference To P&H HC For Initiation Of Contempt Proceedings Against DCP(HQ) For Non-Arrest Of Directors Of Vatika Limited

Case – Gurdeep Singh Guglani v Vatika Limited

Citation – RERAGRG Ex. No. 8096 of 2022

Haryana Real Estate Regulatory Authority, Gurugram, Adjudicating Officer has issued reference to Punjab and Haryana High Court for Initiation of Contempt of Court Proceedings against Deputy Commissioner of Police (DCP) Headquarters, Gurugram in a case titled as Gurdeep Singh Guglani v Vatika Limited (RERAGRG Ex. No. 8096 of 2022) for Non-Arrest of Directors of M/s Vatika Limited (Builder) upon Arrest Warrant issued by the Authority.

Delay Of 18 Years In Handing Over Possession Of Plot, Haryana RERA Directs Ramprastha Promoters To Pay Interest

Case – Pranav Goel Versus M/s Ramprastha promoters & Developers Pvt. Ltd

Citation – Complaint no 2438 of 2023

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed M/s Ramprastha promoters & Developers Pvt. Ltd, the builder, to pay interest on the amount paid by the Complainant to purchase that plot after failing to hand over possession even after the delay of eighteen Years.

Haryana RERA Upholds Cancellation Of Flat's Booking, Orders Planning Division To Take Action Against Vatika For Non-Registration

Case – Mr. Chirag Arora & anr Versus Vatika Limited

Citation – Complaint no 5012 of 2023

While upholding the cancellation of flat allotment, Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed Planning Division of authority to take action against Vatika Limited (the builder) for the non-registration of the project under RERA.

Haryana RERA Directs Signature Global To Pay Interest To Three Homebuyers For Delayed Possession

Case – Puneet Khaneja Versus M/s Signature Global India Private Limited A/W 2 others

Citation – CR/4606/2023 A/W 2 others

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed M/s Signature Global India Private Limited to pay interest to three homebuyers of the affordable housing project named The Millennia, situated in Sector-37D, Gurugram.

Execution Of Conveyance Deed Doesn't End Builder Liability, Haryana RERA Directs Emaar MGF To Pay Interest To Homebuyer

Case – Chanderkanta Oberoi & anr Versus M/s Emaar MGF Land Ltd.

Citation – Complaint no : 6632 of 2022

While holding that executuion of conveyance deed in the favour of homebuyer does not end builder/promoter liability towards the flat, Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), directs M/s Emaar MGF Land Ltd.(builder) to pay interest to the homebuyer for delayed possession.

Haryana RERA Orders Raheja Developers To Pay Interest To Homebuyer For Delayed Possession

Case – Dharampal Singh & anr Versus M/s Raheja Developers Limited

Citation – Complaint No : 2385 of 2023

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Vijay Kumar Goyal (Member), has directed M/s Raheja Developers Limited, to pay interest to the homebuyer for the delay in handing over possession. Additionally, the Authority also held that the terms of agreement including Possession terms are biased in favor of the builder.

Rajasthan Real Estate Appellete Tribunal

Rajasthan REAT Directs Indian Railway Welfare Organisation To Pay Interest On Refund Amount To Homebuyer

Case – Renu Singhal Versus Indian Railway Welfare Organisation

Citation - Appeal Number: 70/2023

Rajasthan Real Estate Appellete Tribunal (Tribunal) Bench, Comprising of Yudhisthir Sharma (Judicial Member) and Rajendra Kumar (Technical Member), directed the Indian Railway Welfare Organization (IRWO) to pay interest on the refund amount to the homebuyer. Earlier, the Rajasthan Real Estate Regulatory Authority (Authority) bench had directed to refund the homebuyer's amount without interest on the ground of non-existence of agreement to sell between the homebuyer and IRWO.

Karnataka Real Estate Regulatory Authority

Delay In Handing Over Possession, Karnataka RERA Directs GVR Construction To Refund

Case -. Ennamoori Brahmaiah Versus GVR Construction & others

Citation - Complaint No: 00072/2024

Karnataka Real Estate Regulatory Authority (Authority) bench, comprising Neelmani N Raju (Member), has directed GVR Construction & others, the builder, to refund Rs. 49.74 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 December 2018.

Karnataka RERA Rejects Homebuyers Association's Complaint Seeking Completion Of Pending Work, Cites Lack Of Jurisdiction

Case – Creative Elegance Apartments Owners Association Versus Creative Environs Builders & Developers (India) Private Limited & others

Citation - Complaint No: 00563/ 2023

Karnataka Real Estate Regulatory Authority (Authority) bench, comprising Neelmani N Raju (Member), has rejected the complaint filed by a homebuyer's association demanding the completion of pending work and compensation of Rs. 5.25 lakh. The authority held that it does not have jurisdiction over the project, and also the defect liability period of 5 years, which has been stipulated under Section 14(3) of RERA, 2016 has expired.

Karnataka RERA Orders Tirumala Constructions To Refund 2.77 Crore To Homebuyer For Selling Flat To Third Party

Case – Mr B Prashanth Versus Praveen Mohan & Others

Citation – CMP/200907/0006502

Karnataka Real Estate Regulatory Authority (Authority) bench, comprising Rakesh Singh (Chairperson) and G.R. Reddy (Member), has directed Tirumala Constructions to refund ₹2.77 crore to a homebuyer for selling a flat to a third party.

Karnataka RERA Holds Krishna E Campus Private Limited Liable For Delayed Possession, Orders 58.4 Lakhs Interest To Homebuyer

Case - Mariam Sheela Joseph Versus Krishna E Campus Pvt. Ltd

Citation – CMP/220622/0009658

Karnataka Real Estate Regulatory Authority (Authority) bench, comprising GR Reddy (Member), has directed Krishna E Campus Private Limited (KECPL), the builder, to pay fifty-eight lakh rupees to the homebuyer as interest for delay in handing over possession of the flat.

Maharashtra Real Estate Appellate Tribunal

MahaREAT Directs Sunteck Realty To Pay Rs. 21 Lakhs To Homebuyer As Interest For Delayed Possession

Case – Rajendra Kumar Shah & anr Versus Sunteck Realty Limited

Citation - APPEAL NO. AT006000000093907 OF 2022 in COMPLAINT NO. CC006 000000 195081

Maharashtra Real Estate Appellate Tribunal (Tribunal) bench, comprising Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Technical Member), directed Sunteck Realty Limited (builder) to pay Rs. 21 lakhs to the homebuyer as interest for delayed possession. Additionally, the Tribunal set aside the authority's order allowing the builder to claim the benefit of the moratorium.

MahaREAT Directs Neelkanth Constructions To Pay Interest, Execute Conveyance Deed In Favour Of Homebuyers

Case – M/s. Neelkanth Constructions versus Mr. Deepesh S. Singh A/W 3 others

Citation – Appeal No. AT00600000052653120 in Complaint No. CC00600OOO0089761 A/W 3 others

Maharashtra Real Estate Appellate Tribunal (Tribunal), comprising Justice Shriram R. Jagtap (Judicial Member) and Shrikant M Deshpande (Technical Member), has directed M/s. Neelkanth Constructions, the builder to pay interest for delayed possession and Execute conveyance deed in the favour of Homebuyers.

Tribunal also held that Homebuyer association cannot be formed till Builder finishes the construction of the Eighth or last building of the Project.

MahaREAT – Builder Cannot Forfeit Homebuyer's Money Without Establishing Loss Due to Cancellation of Flat

Case – Rajeshwari Ramesh Pillai & anr Versus Aishwarya Avant Builders LLp

Citation - Appeal No. AT00600000053392/21

While setting aside the order of the Maharashtra Real Estate Regulatory Authority (Authority), the bench of the Maharashtra Real Estate Appellate Tribunal (Tribunal), comprising Justice Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Technical Member), has held that the builder cannot forfeit the money of the homebuyer when the booking is canceled by either the homebuyer or the builder without establishing damage or loss incurred due to the cancellation of the flat.

MahaREAT – Non-Execution Of Agreement For Sale Does Not Preclude Homebuyers From Seeking Relief Under Section 18

Case – Ashok Sayaji Dhatrak Versus Rashmi Realty Builders Pvt. Ltd & another A/W 1 another

Citation – Appeal No. AT00600000052520/20 in Complaint No. CC006000000079371 A/W 1 another

While setting aside the Maharashtra Real Estate Regulatory Authority (Authority) order, Maharashtra Real Estate Appellate Tribunal (Tribunal), comprising Justice Shriram R. Jagtap (Judicial Member) and Shrikant M Deshpande (Technical Member), has observed that mere non-execution of agreement for sale will not preclude homebuyers from invoking Section 18 of RERA, 2016.

The Homebuyers filed appeal before the Tribunal after their complaints were dismissed by Authority on the grounds that Memorandum of Understanding (MoU) cannot be treated as an allotment letter or agreement for sale.

MahaREAT Directs Builder To Refund Entire Amount With Interest From The Date Of Payment

Case – Ms. Ashwini Subhash Kulkarni Versus Darode Jog Homes Pvt. Ltd

Citation – Appeal No. AT005000000053653/2022 in Complaint No. CC005000000033545

Maharashtra Real Estate Appellate Tribunal (Tribunal), comprising Justice Shriram R. Jagtap (Judicial Member) and Shrikant M. Deshpande (Technical Member), has set aside the decision of the Maharashtra Real Estate Regulatory Authority (Authority) that awarded interest on the refund amount from the due date of possession. Instead, the Tribunal directed Darode Jog Homes Pvt. Ltd. (builder) to pay interest on the refund amount from the date of payment.

MahaREAT - Homebuyers Have Unconditional Right To Claim Interest, Sets Aside MahaRERA Conditional Payment Of Interest Order

Case – Mahesh Kumar Lohia & anr Versus ITMC Developers Pvt. Ltd

Citation – Appeal No. ATO0600000093934/22

While setting aside the order of Maharashtra Real Estate Regulatory Authority (Authority), Maharashtra Real Estate Appellate Tribunal (Tribunal), comprising Justice Shriram R. Jagtap (Judicial Member) and Shrikant M. Deshpande (Technical Member), has held that Homebuyers right to seek interest upon delay under Section 18(1) of RERA, 2016 is unqualified and conditional.

MahaREAT – Obtaining Certificate Under Section 270A Of Mumbai Municipal Corporation Act, 1888 Mandatory For Occupation

Case – M/s. L&T Parel Projects LLP Versus Shamsunder Jairamdas Bajaj

Citation – Appeal No. AT00600000010992/19 in Complaint No. CC006000000056005

While upholding the order of the Maharashtra Real Estate Regulatory Authority (Authority) directing M/s. L&T Parel Projects LLP (builder) to provide a refund, the Maharashtra Real Estate Appellate Tribunal (Tribunal), comprising Justice Shriram R. Jagtap (Judicial Member) and Shrikant M. Deshpande (Technical Member), held that the certificate under Section 270A of the Mumbai Municipal Corporation Act, 1888 is mandatory.

Tamil Nadu Real Estate Regulatory Authority

TNRERA – Person Involved In Joint Venture Agreement Arrangement With Developer Is Not Homebuyer

Case – M. Marudhachalam Vs M/s. Harish Builders

Citation – S.R.No.41 of 2024

While dismissing the Complaint, Tamil Nadu Real Estate Regulatory Authority (TNRERA) bench Comprising of TMT N. Uma Maheshwari (Adjudicating Officer), observed that Person involved in the Joint Venture agreement with developer is not a Homebuyer. The Complainant who claimed himself as Homebuyer filed complaint before the authority seeking damages and compensation.

Tamil Nadu RERA Directs TATA Value Homes To Pay 3 Lakh To Homebuyer As Compensation For Delay And Mental Agony

Case - Ragothaman Sankar & anr Versus M/s. TATA Value Homes Ltd. (TVHL)

Citation - CCP No.151 of 2022

Tamil Nadu Real Estate Regulatory Authority (Authority) bench Comprising of TMT N. Uma Maheshwari (Adjudicating Officer), has directed TATA Value Homes to pay a sum of ₹3 lakhs to a homebuyer as compensation for delay and mental agony.

Maharashtra Real Estate Regulatory Authority

MahaRERA Directs Tata Housing To Refund Homebuyer's Money After Deducting 2% Of Total Consideration

Case – Arunesh Bhagwan Prasad Chopra & anr Versus Tata Housing Development Company Ltd

Citation - Complaint No. CC006000000110661

Maharashtra Real Estate Regulatory Authority (Authority) bench, comprising Mahesh Pathak (Member – I), has directed Tata Housing Development Company Ltd, the builder to refund the amount paid by homebuyer after deducting 2% of the total consideration.

MahaRERA Directs Ruparel Infra & Reality To Refund Homebuyer's Money After Deducting 2% Of Total Consideration

Case – Rupesh Jaikaran Deshbhratar Versus Ruparel Infra & Reality Pvt Ltd. A/W 1 other

Citation – Complaint No. CC006000000282180 A/W 1 other

While holding the forfeiture of the entire money paid by the homebuyer, which was around 5% of the total consideration of the flat, as inconsistent, the Maharashtra Real Estate Regulatory Authority (Authority) bench, comprising Mahesh Pathak (Member – I), has directed Ruparel Infra & Realty Pvt Ltd., the builder, to refund the amount paid by the homebuyer after deducting 2% of the total consideration.

Filing Complaint After Project Completion, MahaRERA Rejects Homebuyers Claim

Case – Mitali Enterprises Versus Larsen & Toubro Ltd & anr A/W 1 Other

Citation – Complaint No. CC006000000292237 A/W 1 Other

Maharashtra Real Estate Regulatory Authority (Authority) bench, comprising Mahesh Pathak (Member – I), rejected the homebuyers' claim against Larsen & Toubro Ltd (builder) for a refund with interest under Section 18, holding that the complaint was filed after the project was completed and the Occupancy Certificate had been issued.

Punjab Real Estate Regulatory Authority

Punjab RERA Holds Bathinda Development Authority Liable For Delayed Possession Of Residential Plot, Orders Compensation To Complainant

Case – Dr. Pankaj Garg Versus Bathinda Development Authority, through its Chief Administrator & anr

Citation – Complaint No. AdC0017/2023

Punjab Real Estate Regulatory Authority (Authority) bench, consisting of Balbir Singh (Adjudicating Officer), held Bathinda Development Authority (Respondent) liable for delayed possession of residential plot and directed it to pay Rs. 95,000 as compensation to complainant.