Failure To Provide Possession Within 12 Months, Karnataka RERA Orders Builder To Refund Amount Paid By Homebuyer

Case – Dhimosh Mangadan & anr. Versus GVG Infrastructure Pvt Ltd

Karnataka Real Estate Regulatory Authority (Authority) bench, comprising GR Reddy (Member), has directed GVG Infrastructure Pvt. Ltd., the builder, to refund the amount paid by the homebuyer to purchase the flat, along with interest, after the builder failed to provide possession on time.

As per the agreement of sale signed between the builder and the homebuyer, the builder was supposed to hand over possession within 12 months.

6-Year Delay In Providing Possession, Karnataka RERA Orders Builder To Pay Interest, Hand Over Possession Of Flat To Homebuyer

Case – Ivan Dsouza & anr Versus Shashwati Realty Pvt Ltd.

Karnataka Real Estate Regulatory Authority (Authority) bench, comprising GR Reddy (Member), has directed Shashwati Realty Pvt Ltd., 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 execute the sale deed and hand over possession to the homebuyer.

Delay In Handing Over Possession, Karnataka RERA Directs Ozone Infra Developers To Pay Interest And Hand Over Possession To Homebuyer

Case – P Deepak Kumar Mahenderkar Versus Ozone Infra Developers Private Limited

Karnataka Real Estate Regulatory Authority (Authority) bench, comprising Neelmani N Raju (Member), has directed Ozone Infra Developers Private Limited, the builder, to pay interest to the homebuyer for their failure to hand over possession of the flat on time and to hand over possession to the homebuyer.

Failure To Pay Pre-EMI For 4 Years, Karnataka RERA Orders Builder To Refund Amount Paid By Homebuyer

Case – Vijayanand Paulraj Versus Ozone Urbania Infra Developers

Karnataka Real Estate Regulatory Authority (Authority) bench, comprising Neelmani N Raju (Member), has directed Ozone Urbania Infra Developers, the builder, to refund the amount paid by the homebuyer with interest after the builder failed to pay Pre-EMI to the bank for 4 years under the subvention scheme.

Delay In Handing Over Possession, Karnataka RERA Directs Ozone Urbana Infra Developers To Refund 82 Lakhs To Homebuyer

Case – Bharatkumar Ravishankar Sharma & Another Versus Ozone Urbana Infra Developers

Karnataka Real Estate Regulatory Authority (Authority) bench, comprising Neelmani N Raju (Member), has directed the builder, Ozone Urbana Infra Developers, to refund Rs. 82 lakhs to the homebuyer after the builder failed to provide possession of the flat on time. According to the agreement, the builder promised to provide possession by June 2023.

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.

Karnataka RERA Orders Shrivision Towers To Pay Interest To Homebuyer For Delayed Possession

Case – Madhuparni Roy Versus Shrivision Towers Private Ltd.

Karnataka Real Estate Regulatory Authority (Authority) bench, comprising Neelmani N. Raju (Member), has directed Shrivision Towers Private Ltd., the builder, to pay interest to the homebuyer for failing to hand over possession of the flat on time. According to the agreement, the builder was supposed to hand over possession by September 2021.

Four-Year Delay In Completing Project, Karnataka RERA Orders Mantri Technology Constellations To Refund

Case - Mallikarjuna Js & another Versus Mantri Technology Constellations Pvt. Ltd.

Karnataka Real Estate Regulatory Authority (Authority) bench, comprising HC Kishore Chandra (Chairperson), has directed Mantri Technology Constellations Pvt. Ltd., the builder, to refund the amount paid by the homebuyer for purchasing a flat, after the builder failed to complete the project despite a four-year delay.

Karnataka RERA Holds Shriram Properties For Delayed Possession Of 2 Years, Orders Interest To Homebuyer

Case – Samsheer Nalakath Valappil & anr Versus M/S Shriram Properties Pvt Ltd

Karnataka Real Estate Regulatory Authority (Authority) bench, comprising Neelmani N. Raju (Member), has directed M/S Shriram Properties Pvt Ltd, the builder, to pay interest to the homebuyer after the builder handed over possession of the flat with a 2-year delay. According to the terms of the agreement, the builder was supposed to hand over possession by December 2019.

Karnataka RERA Orders Maars Infra Developers To Pay 7.12 Lakh Rupees To Homebuyer As Interest For Delay In Handing Over Possession

Case – Naresh Kumar Bathala Versus Maars Infra Developers Pvt Ltd

Karnataka Real Estate Regulatory Authority (Authority) bench, comprising Neelmani N Raju (Member), has directed Maars Infra Developers Pvt Ltd, the builder, to pay 7.12 lakh rupees to the homebuyer as interest for a delay of 1 year in handing over possession of the flat.

Karnataka RERA Directs Mantri Developers To Pay 42 Lakh Rupees To Homebuyer As Interest For Delayed Possession

Case – Mrs. Shruti Gautam Versus M/S Mantri Developers Pvt Ltd

Karnataka Real Estate Regulatory Authority (Authority) bench, comprising GR Reddy (Member), has directed Mantri Developers, the builder, to pay 42.87 lakh rupees to the homebuyer as interest for the delay in handing over possession of the flat. According to the agreement, the builder was supposed to hand over possession by March 2017.

Karnataka RERA Holds Shriprop Projects For Delayed Possession Of 2 Years, Orders Interest To Homebuyer

Case – Kapil Chandrika Pandey & anr Versus Shriprop Projects Pvt. Ltd

Karnataka Real Estate Regulatory Authority (Authority) bench, comprising Neelmani N. Raju (Member), has directed Shriprop Projects Pvt. Ltd, the builder, to pay interest to the homebuyer after the builder handed over possession of the flat with a 2-year delay. According to the terms of the agreement, the builder was supposed to hand over possession by September 2020.

Karnataka RERA Orders Mantri Developers To Pay ₹65 Lakh To Homebuyer For 7-Year Delay In Possession

Case – Anitha Bakhtani Versus Mantri Developers Pvt. Ltd

Karnataka Real Estate Regulatory Authority (Authority) bench, comprising GR Reddy (Member), has directed Mantri Developers, the builder, to pay Sixty-Five lakh rupees to the homebuyer as interest for 7 Years delay in handing over possession of the flat. According to the agreement, the builder was supposed to hand over possession by March 2015.

Haryana Real Estate Regulatory Authority

9-Year Delay In Handing Over Possession, Haryana RERA Orders Builder To Pay Interest To Homebuyer

Case – Gulshan Dua Versus M/s Tashee Land Developers Pvt. Ltd. & another

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Vijay Kumar Goyal (Member), has directed M/s Tashee Land Developers Pvt. Ltd., the builder, to pay interest to the homebuyer for the 9-year delay in providing possession of the flat. As per the agreement, the builder had promised to provide possession by June 2015.

Failure To Provide Possession Within 48 Months, Haryana RERA Orders Pareena Infrastructures To Pay Interest To Homebuyer

Case – Rajat Walia & another Versus M/s Pareena Infrastructures Pvt. Ltd.

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed Pareena Infrastructures Pvt. Ltd, the builder, to pay interest to the homebuyer for the delay in handing over possession.

Payment Of Assured Returns By Builder To Homebuyer Not Banned By Unregulated Deposit Schemes Act

Case – Renu Yadav & another Versus M/s. Neo Developers Private Ltd

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), held that payment of assured returns by builder to homebuyer is protected under Banning Of Unregulated Deposit Schemes act, 2019.

Haryana RERA Orders Raheja Developers To Refund 2 Crores With Interest To Homebuyer

Case – Gowrishankar Versus M/s Raheja Developers Limited

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed Raheja Developers, the builder to refund ₹2 crores with interest to homebuyer who invested in their Raheja Revanta Project. The homebuyer decided to withdraw from the project after the builder rejected his decision to opt for the buy-back scheme, which was available starting from the 33rd month from the date of booking.

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.

Haryana RERA Upholds Cancellation Of Flat's Booking, Orders Builder To Refund After Deducting 10% Of The Basic Sales Price

Case – Rajat Verma Versus Suposhaa Realcon Private Limited.

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has upheld builder's cancellation of the homebuyer's flat booking after the homebuyer failed to make timely payments. Additionally, the Authority directed builder to refund the amount paid by the homebuyer after deducting 10% of the total basic sales price of the flat.

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

Case – Deepak Kataria Versus M/s Raheja Developers Limited.

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed M/s Raheja Developers Limited, the builder, to pay interest to the homebuyer for the delay in handing over possession. The homebuyer had purchased a flat in the Raheja Revanta project and was expecting possession by February 2017.

Haryana RERA Upholds Emaar India's Termination Of Flat Booking After Homebuyer Failed To Make Timely Payments

Case – Ashok Bindra & anr Versus M/s Emaar MGF Land Ltd.

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), upheld M/s Emaar MGF Land Ltd., the Builder termination of the flat booking after the homebuyer failed to fulfill timely payment obligations. The homebuyer had booked a flat in the builder's Palm Gardens Project and paid 13 lakhs out of the total cost of the flat.

Haryana RERA – Homebuyers Can Claim Interest For Delayed Possession After Execution Of Conveyance Deed

Case – Gurpreet Kaur Versus M/s. Anant Raj Ltd.

While directing Anant Raj Builder to pay interest to the homebuyer for delayed possession, Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), held that the execution of a conveyance deed does not end the builder's liabilities and obligations towards the flat.

A Conveyance deed is a legal document used to transfer ownership of property from one party to another.

Haryana RERA Orders Magic Info Solutions To Refund Amount Paid By Homebuyer Of Godrej Summit

Case – Yogesh Kochhar Versus M/s Godrej Premium Builders Pvt. Ltd. & others

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Sanjeev Kumar Arora (Member), has directed Magic Info Solutions to refund the amount paid by the homebuyer, along with interest. The homebuyer had booked a flat in the Godrej Summit project, a joint venture between Godrej and Magic Info, and had made payments to Magic Info.

Haryana RERA Directs Ocean Seven Buildtech To Pay Interest To 15 Homebuyers Of Expressway Towers For Delayed Possession

Case – Rameshwar Singh Versus Ocean Seven Buildtech Pvt. Ltd. A/w 14 others

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 15 homebuyers of the Expressway Towers project located at Sector 109, Gurugram, for the delay in handing over possession.

The project was an affordable housing project, and possession was expected to be handed over by the builder within 4 years from the date of building plan approval or environmental clearance, whichever is later.

Haryana RERA Orders Czar Buildwell To Refund Amount Paid By Homebuyer Of Mahira Homes-104

Case – Sanjay Versus M/s Czar Buildwell Pvt. Ltd

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), directed M/s Czar Buildwell Pvt. Ltd., the builder, to refund the amount paid by the homebuyer along with interest.

Although the due date for possession was set for 2026, the Authority revoked the project's registration on March 11, 2024, due to numerous violations of the Real Estate (Regulation and Development) Act, 2016. Since it was clear that the builder could not complete the project, the Authority granted a refund to a homebuyer of the Mahira Homes 104 Project.

Delay Of 8 Years In Handing Over Possession Of Plot, Haryana RERA Orders Vatika Ltd To Refund

Case - Dr. Dolly Chopra Versus M/S Vatika Limited

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Sanjeev Kumar Arora (Member), has directed M/S Vatika Limited, the builder, to refund the amount paid by the Complainant to purchase a plot after failing to hand over possession even after an eight-year delay.

Haryana RERA Orders Emaar To Refund Amount Paid By Homebuyer

Case – Sh. Muthunayagom Gaudama Vasan Versus M/s Emaar Mgf Land Ltd.

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed M/s Emaar Mgf Land Ltd., the builder to refund ₹1.30 crores with interest to homebuyer who purchased a villa in their Marbella Project.

Haryana RERA Orders Imperia Structures To Pay Interest To Homebuyer For Delayed Possession

Case – Navdeep Punia Versus M/s Imperia Structures Limited

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed M/s Imperia Structures Limited, the builder, to pay interest to the homebuyer of The Esfera project located at Sector 37C, Gurugram, for the delay in handing over possession. According to the apartment buyer agreement, the builder was supposed to hand over possession of the flat by June 2016.

Failure To Obtain Environmental Clearance, Haryana RERA Orders Ocean Seven Buildtech To Provide Refund To Homebuyers

Case – Kamla Chauhan V/s Ocean Seven Buildtech Pvt. Ltd. A/W 1 other

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed M/S Ocean Seven Buildtech Private Limited, the builder, to refund the amount paid by two homebuyers of the affordable housing project named The Venetian after the builder failed to obtain the necessary environmental clearance for the project.

Haryana RERA Directs Tashee Land Developers To Pay Interest To Homebuyer, Also Held Possession Clause Biased

Case – Amit Tiwari & anr Versus M/s Tashee Land Developers Private Limited & anr

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed M/s Tashee Land Developers Pvt. Ltd., the builder, to pay interest to the homebuyer for the delay in providing possession of the flat. Additionally, the Authority also held that the Possession terms of the agreement are biased in favor of the builder.

Complaint Filed After 5 Years From Cause Of Action, Haryana RERA Dismisses Homebuyer's Complaint Against Emaar

Case – Mrs. Neeru Bhatia Versus M/s Emaar MGF Land Ltd.

While dismissing the homebuyer's complaint filed after a delay of 5 years from the date the cause of action arose, the Haryana Real Estate Regulatory Authority (Authority), bench comprising Ashok Sangwan (Member), held that three years is a reasonable time frame for filing complaint under normal circumstances.

Haryana RERA Directs Ninaniya Estates To Pay Interest And Assured Returns To Complainant

Case – Gunita Singh V/s Ninaniya Estates Ltd. A/W another

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed Ninaniya Estates Ltd, the builder, to pay interest and assured returns to the complainant who had booked a retail shop and was expecting possession by 16.11.2021.

Earlier in 2012, the complainant had booked a suite in the builder's project named Prism Executive Suites. However, in 2017, the complainant exchanged the suite for a retail shop in the builder's other project named Prism Portico.

Haryana RERA Directs Pareena Infrastructures To Refund Homebuyer's Money, After Deducting 10% As Earnest Money

Case – Rajesh Ahuja Versus M/s Pareena Infrastructures Pvt Ltd

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed M/s Pareena Infrastructures Pvt Ltd, 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 the paid-up amount due to the cancellation of the flat booking, following the homebuyer's failure to make timely payments.

Haryana RERA Directs Parsvnath Developers To Pay Delay Interest And Execute Conveyance Deed In Favour Of Homebuyer

Case – Ram Niwas Rathee Versus Parsvnath Developers Limited & anr

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed Parsvnath Developers Limited, the builder, to pay delay interest and execute the conveyance deed in the favour of homebuyer. As per the agreement the builder was supposed to handover possession to the homebuyer by April 2011.

A conveyance deed is a legal document that transfers ownership of property from the seller to the buyer. It details the terms of the transfer, including the property's description and the rights being transferred.

Haryana RERA Directs Apex Buildwell To Pay Interest To Four Homebuyers

Case – Mr. Brij Bhushan Sharma & anr Vs M/s Apex Buildwell Pvt. Ltd. A/W 3 Others

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed M/s Apex Buildwell Pvt. Ltd. to pay interest to four homebuyers of the affordable housing project named Our Homes, situated in Sector-37, Gurugram, Haryana.

Haryana RERA Dismisses Former Homebuyer's Complaint Seeking Interest For Delayed Possession

Case – Kalpana Rawat Versus M/S. Apex Buildwell Pvt. Ltd

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), dismissed a complaint from a former homebuyer seeking interest from the builder, M/s Apex Buildwell Pvt. Ltd., for delayed possession after the homebuyer sold the flat to another person in 2023, after taking possession.

Maharashtra Real Estate Regulatory Authority

MahaRERA Orders Gaurang Associates To Pay Interest To Homebuyer, Rejects Health Issue Of Builder As Force Majeure Event

Case – Atul Avinash Dixit Versus Gaurang Associates

While rejecting the builder's claim that the delay in possession was due to the builder's health issue, Maharashtra Real Estate Regulatory Authority (Authority) bench, comprising Mahesh Pathak (Chairperson), directed Gaurang Associates to pay interest to the homebuyer for the delay in handing over possession of the flat. Additionally, the Authority held that the health issue does not fall within the force majeure events.

MahaRERA Orders Builder To Pay Interest To Homebuyers Of Indiabulls Park 2 For Delayed Possession

Case – Mr Neelesh Jha and Mrs Tricia Jha Versus M/s. Lucina Land Development Limited

Maharashtra Real Estate Regulatory Authority (Authority) bench, comprising Mahesh Pathak (Member), has directed M/s. Lucina Land Development Limited, the builder, to pay interest to the homebuyers for the delay in handing over possession of the flat. The homebuyers had booked a flat in Indiabulls Park 2 and were expecting possession by November 2020.

MahaRERA Directs Commercial Developers To Form Cooperative Society And Execute Conveyance Deeds In Favor Of Homebuyers

Case – Association Of Flat Units Purchaser Versus M/S Commercial Developers

Maharashtra Real Estate Regulatory Authority (Authority) bench, comprising Ajoy Mehta (Chairperson), has directed M/s. commercial developers, the builder to form cooperative society and execute conveyance deeds in favor of homebuyers.

MahaRERA Orders Jayesh Buildcon To Pay Interest To Homebuyers For Delay In Handing Over Possession

Case – Joel Badigar Versus Jayesh Buildcon A/W Sangita Vikram Kere Versus Jayesh Buildcon

Maharashtra Real Estate Regulatory Authority (Authority) bench, comprising Mahesh Pathak (Member-I), directed Jayesh Buildcon to pay interest to the homebuyer for the delay in handing over possession of the flat.

MahaRERA – Being Aware Of Market Conditions, Builders Should Conduct Due Diligence Before Declaring Project's Possession Date

Case – Harshad Popatlal Shah & Another Versus Greenfield Developers & Realtors L.L.P & Others

While directing the builder to pay interest to the homebuyer for delayed possession, Maharashtra Real Estate Regulatory Authority (Authority) bench, comprising Ajoy Mehta (Chairperson), held that builders are aware of market conditions, therefore, they are required to conduct due diligence before declaring the possession date.

MahaRERA Orders Gaurang Associates To Pay Interest To Homebuyer, Rejects Health Issue Of Builder As Force Majeure Event

Case – Atul Avinash Dixit Versus Gaurang Associates

While rejecting the builder's claim that the delay in possession was due to the builder's health issue, Maharashtra Real Estate Regulatory Authority (Authority) bench, comprising Mahesh Pathak (Chairperson), directed Gaurang Associates to pay interest to the homebuyer for the delay in handing over possession of the flat. Additionally, the Authority held that the health issue does not fall within the force majeure events.

MahaRERA Orders Builder To Pay Interest To Homebuyers Of Indiabulls Park 2 For Delayed Possession

Case – Mr Neelesh Jha and Mrs Tricia Jha Versus M/s. Lucina Land Development Limited

Maharashtra Real Estate Regulatory Authority (Authority) bench, comprising Mahesh Pathak (Member), has directed M/s. Lucina Land Development Limited, the builder, to pay interest to the homebuyers for the delay in handing over possession of the flat. The homebuyers had booked a flat in Indiabulls Park 2 and were expecting possession by November 2020.

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.

MahaRERA Orders Builder To Pay Interest To Homebuyer Of Gokul Silvermist For Delayed Possession

Case – Vinod Padmakant Parekh & anr Versus M/s Heena Builders & Developers A/W 2 others

Maharashtra Real Estate Regulatory Authority (Authority) bench, comprising Mahesh Pathak (Member), directed M/s Heena Builders & Developers, the builder, to pay interest to the homebuyer for the delay in handing over possession of the flat. The homebuyer had booked three flats in Gokul Silvermist, Santacruz (West), and was expecting possession by December 2017.

Maharashtra RERA Orders Deregistration of Project Godrej Alive A, B, C, and E

Applicant – Modella Textile Industries Limited

Project Name - Godrej Alive A, B, C, And E

A bench of the Maharashtra Real Estate Regulatory Authority (Authority), comprising Ajoy Mehta (Chairperson), Mahesh Pathak (Member I) and Ravindra Deshpande (Member II), has directed the deregistration of four projects named Godrej Alive A, B, C, and E. The deregistration application was opposed by Godrej Properties Ltd, which acted as the development manager for all four projects.

Failure To Hand Over possession In Time, MahaRERA Directs Solitaire Palms To Refund Amount To Homebuyer

Case – Sandeep Vithoba Jadhav Versus M/s. Solitaire Palms & anr

Maharashtra Real Estate Regulatory Authority (Authority) bench, comprising Mahesh Pathak (Member – I), has directed M/s. Solitaire Palms, the builder, to refund the homebuyer's amount with interest after the builder failed to deliver possession of the flat within the promised timeframe.

Failure To Make Timely Payments, MahaRERA Directs Homebuyer To Pay Rs. 1.18 Crore with Interest To Transcon Developers

Case – Transcon Developers Private Limited Versus Shabana Zakir Hussain Sayyed & anr

Maharashtra Real Estate Regulatory Authority (Authority) bench, comprising Mahesh Pathak (Member – I), has directed the homebuyer to pay the due amount of Rs. 1.18 crore with interest to Transcon Developers Private Limited, the builder, after the homebuyer failed to make timely payments.

Telangana Real Estate Regulatory Authority

Telangana RERA Imposes 4 Lakh Penalty On Builder For Failing To Install Elevator

Case – Sri Kandi Lakshma Reddy & others Versus M/s Abhi Constructions

Telangana Real Estate Regulatory Authority (Authority) bench, comprising Justice Dr. N. Satyanarayana (Chairperson), K. Srinivasa Rao (Member), and Laxmi Narayana Jannu (Member), imposed a ₹4 lakh penalty on M/s Abhi Constructions for failing to install the elevator. Additionally, the Authority directed the builder to fix the structural defects arising from the project.

Telangana RERA Orders Refund To Homebuyers And Imposes ₹1.16 Crore Penalty On Jayathri Infrastructures For Selling Unregistered Project

Case – M.Sathvika Versus M/s Jayathri Infrastructures India Pvt Ltd A/w 13 others

While hearing the complaint of fourteen homebuyers of the Lexico Park project, the Telangana Real Estate Regulatory Authority (Authority) bench, comprising Justice Dr. N. Satyanarayana (Chairperson), K. Srinivasa Rao (Member), and Laxmi Narayana Jannu (Member), directed the builder to refund the amount paid by the homebuyers to purchase the flats. Additionally, the Authority imposed a penalty of ₹1.16 crores on the builder for marketing, advertising, and selling the unregistered project to homebuyers.

Telangana RERA Orders Refund To Homebuyers Of Jaya Gold And Imposes Penalty On Jayathri Infrastructures For Selling Unregistered Project

Case - Sri Abdul Wahid Versus M/s Jayathri Infrastructures India Pvt Ltd A/W 3 others

Telangana Real Estate Regulatory Authority (Authority) bench, comprising Justice Dr. N. Satyanarayana (Chairperson), K. Srinivasa Rao (Member), and Laxmi Narayana Jannu (Member), directed M/s Jayathri Infrastructures India, the builder, to refund the amount paid by the Four homebuyers of Jaya Gold for their respective flats.

Additionally, the Authority imposed a penalty of ₹9.78 Lakh on the builder for marketing, advertising, and selling the unregistered project to homebuyers.

Telangana RERA Orders Refund To Homebuyers Association For Non-completion Of The Project Within Promised Time

Case – Sri Katakam Santosh Versus M/s Sahiti Infratec Ventures India Pvt. Ltd. & others A/W 4 others

Telangana Real Estate Regulatory Authority (Authority) bench, consisting of Justice Dr. N. Satyanarayana (Chairperson), K. Srinivasa Rao (Member), and Laxmi Narayana Jannu (Member), has directed M/s Sahiti Infratec Ventures India Pvt. Ltd., the builder, to provide a refund to the homebuyers after concluding that the project cannot be completed within the promised time stipulated under the agreement for sale.

Gujarat Real Estate Regulatory Authority

Gujarat RERA Treats Godrej Properties As Promoter Of Green Glades Project, In A Joint Venture Project

Case – Waseem Ahmad Bhat Versus Shree Siddhi Infrabuildcon LLP & another

Gujarat Real Estate Regulatory Authority (Authority) bench, comprising MA Gandhi (Member) and Dr. MD Modiya (Member), has held Godrej Properties as the promoter of the Green Glades Project, where Godrej was responsible for marketing, advertising, and selling the project.

Punjab Real Estate Regulatory Authority

Delay Of More Than 8 Years In Providing Possession Of Land, Punjab RERA Orders Interest To Complainant

Case – Karishma Singhal Versus M/S Altus Space Builders Pvt. Limited

Punjab Real Estate Regulatory Authority (Authority) bench, consisting of Malwinder Singh Jaggi (Member), has directed Altus Space Builders Pvt. Limited, the builder to pay interest to the complainant for the 8-year delay in handing over possession of the plot.

Delay Of 4 Years In Offering Possession, Punjab RERA Orders Builder To Pay Compensation To Homebuyer For Mental Agony

Case – Niklesh Dubey & anr Versus M/s Sushma Buildtech Limited

Punjab Real Estate Regulatory Authority (Authority) bench, consisting of Balbir Singh (Adjudicating Officer), has directed M/s Sushma Buildtech Limited, the builder, to compensate the homebuyers for the mental agony and harassment endured due to a four-year delay in offering possession.

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.

Delay In Handing Over Possession, Rajasthan RERA Adjudicating Officer Orders Compensation of ₹1 Lakh To Homebuyer For Financial Loss

Case – Mr. Randhir Brar & anr Versus M/s R-Tech Housing Pvt. Ltd.

Rajasthan Real Estate Regulatory Authority (Authority), Adjudicating officer Bench, comprising Justice RS Kulhari (Adjudicating Officer), has directed the builder to compensate the homebuyer with ₹1 lakh for financial losses and ₹50,000 for mental and physical suffering.

Rajasthan Adjudicating Officer Directs Compensation To Complainant For Financial Loss And Loss Of Opportunity

Case – Kundan Lal Versus Harish Jasuja & others

Rajasthan Real Estate Regulatory Authority, adjudicating officer Bench (Tribunal), comprising Justice RS Kulhari (Adjudicating Officer), has directed the builder to compensate the complainant for the financial loss and loss of opportunity due to the delay in handing over possession of a shop purchased in the builder's project

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.

MahaREAT Directs Adani Estates To Pay Interest To Homebuyers For Delayed Possession

Case – Mr. Atul G Sharma & others Versus Adani Estates Pvt. Ltd.

Maharashtra Real Estate Appellate Tribunal (Tribunal) bench, comprising Shriram R. Jagtap (Judicial Member) and Shrikant M. Deshpande (Technical Member), has directed Adani Estates Pvt. Ltd., the builder, to pay interest to the homebuyer for the delay in handing over possession. Earlier, the Maharashtra Real Estate Regulatory Authority (Authority) had dismissed the homebuyer's complaint seeking interest for the delay from the builder.

Can Homebuyers File Concurrent Complaints Before RERA and Consumer Court Seeking Similar Reliefs? MahaREAT Answers

Case – Ajay Versus M/s. Lucina Land Development Limited A/w another

Maharashtra Real Estate Appellate Tribunal (Tribunal) bench, comprising Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Technical Member), has held that homebuyers can approach the Real Estate Regulatory Authority (Authority) even if they have already filed a complaint before the Consumer Court. However, if both complaints seek the same relief, the Doctrine of Election will apply. In such cases, homebuyers will need to withdraw their complaint from the Consumer Court to ensure that the complaint filed before the Authority remains valid.

The Doctrine of Election says that if an aggrieved party has two options to get the same relief, they must choose one option and cannot pursue both.

Maharashtra REAT – Builder Not Entitled To Forfeit Money Paid By Homebuyer As Part Payment Of Consideration

Case – M/s. Godrej Properties Limited Versus Mr. Amit Agarwal A/W 1 other

While directing M/s. Godrej Properties Limited (Builder) to refund Rs. 73,57,978 to the homebuyer, the Maharashtra Real Estate Appellate Tribunal (Tribunal) bench, comprising Shriram R. Jagtap (Judicial Member) and Shrikant M. Deshpande (Technical Member), held that the builder is not entitled to forfeit the money paid by the homebuyer as part of the consideration.

MahaREAT Criticizes MahaRERA's Casual Approach, Directs Spenta Builders to Pay Interest from Default Date Until Possession Handed Over

Case – M/s. Spenta Builders Pvt. Ltd. Versus Mr. Ashlesh Gosain A/W anr

While directing M/s. Spenta Builders Pvt. Ltd , the builder to pay interest from the due date of possession until the date possession was handed over to the homebuyer, Maharashtra Real Estate Appellate Tribunal (Tribunal) bench, comprising Shriram R. Jagtap (Judicial Member) and Shrikant M. Deshpande (Technical Member), criticized the casual and non-serious approach of the Maharashtra Real Estate Regulatory Authority (Authority) in deciding the default date from which the builder would be liable to pay delay interest to the homebuyer.

The Authority had relied on a similar complaint filed by other homebuyers of the same project, where it had directed the builder to pay interest from 01.07.2017.

MahaREAT Finds MahaRERA's Dismissal Of Homebuyer's Complaint Incorrect, Directs Builder To Refund ₹4.5 Lakh

Case – Mr. Jaikishan Udhav Lakhwani & anr Versus M/s. Kanakia Spaces Realty Private Limited

Maharashtra Real Estate Appellate Tribunal (Tribunal) bench, comprising Shriram R. Jagtap (Judicial Member) and Dr. K Shivaji (Technical Member), holds Maharashtra Real Estate Regulatory Authority (Authority) dismissal of the homebuyer's complaint incorrect and directed the builder to refund ₹4.5 lakh received for the issuance of No Objection Certificate (NOC) for transfer of the flat to a third party purchaser.

MahaREAT Dismisses Homebuyer's Application For Condonation Of 298-Day Delay In Filing Appeal

Case - Mr. Hyder Esmailjee Lakdawala & anr Versus Sankalp Developers & Projects Consultant & others

Maharashtra Real Estate Appellate Tribunal (Tribunal) Bench, comprising SS Shinde (Chairperson) and Dr. K. Shivaji (Technical Member), has dismissed the homebuyer's application for condonation of a 298-day delay in filing the appeal before the Tribunal.

The homebuyer appealed the Maharashtra Real Estate Regulatory Authority (Authority) order dated October 27, 2021. According to Section 44(2) of the Real Estate (Regulation and Development) Act, 2016, the homebuyer had 60 days from the date of receiving a copy of the order to file an appeal before the tribunal

Tamil Nadu Real Estate Regulatory Authority

Tamil Nadu RERA Orders Builder To Provide Full Refund Of Homebuyer's Money Without Charging Any Cancellation Fee

Case – Twinkle Preethy Sivakumar Versus M/s. Alliance Villas Pvt Ltd.

Tamil Nadu Real Estate Regulatory Authority (Authority) bench, comprising Sunil Kumar (Member), has directed, M/s. Alliance Villas Pvt Ltd, the builder to refund the full amount paid by the homebuyer without deducting any cancellation charges.

7 Year Delay In Project Completion, Tamil Nadu RERA Orders Refund To Homebuyer, Imposes Penalty On Builder For Non-Registration

Case – R. Palanisamy & anr Versus M/s. Sare Shelters Projects Private Limited

Tamil Nadu Real Estate Regulatory Authority (Authority) bench, comprising Sunil Kumar (Member), has directed, M/s. Sare Shelters Projects Private Limited, the builder to refund the amount paid by the homebuyer to purchase the flat. Additionally, the Authority imposed a penalty of Rs. 1 Lakhs on the builder for failing to register the project under RERA.

Himachal Real Estate Regulatory Authority

Himachal RERA Directs Ahlawat Developers To Execute Sale Deed In Favor Of Homebuyer Within 2 Months

Case – Sita Devi & anr Versus M/s Ahlawat Developer and Promoters

Himachal Real Estate Regulatory Authority (Authority), bench comprising Dr. Srikant Baldi (Chairperson), has directed Ahlawat Developers and Promoters to refund the amount paid by the homebuyer with interest if the builder fails to execute the sale deed in favor of the non-Himachali homebuyer within two months.

Kerala Real Estate Regulatory Authority

Kerala RERA Orders Builder To Pay ₹75,000 To Homebuyer For Failing To Provide Permanent Car Parking Slots

Case – Mr. Anil Kumar P.R. Versus M/s. Sowparnika Projects and Infrastructure (P) Ltd. & others

Kerala Real Estate Regulatory Authority (Authority), Adjudicating officer Bench, comprising KS Sarath Chandran (Adjudicating Officer), has directed the builder to compensate the homebuyer with ₹75,000 for failing to construct permanent car parking slots despite having collected the payment.