RERA Cases Weekly Round Up – 6th May To 12th May,2024

Rajasthan RERA Orders Compensation to Homebuyer, Rejects Builder's Contention That Delay Caused Due to ED Investigation

Case – Vasudev Takwani & another Versus M/s Riddhi Siddhi Infra Projects Pvt.

Rajasthan Real Estate Regulatory Authority (Authority), consisting of Justice RS Kulhari (Adjudicating Officer), has directed the builder to compensate the homebuyer for the delay in offering possession by rejecting the builder's contention that the delay was caused due to an Enforcement Directorate investigation.

TELANGANA REAL ESTATE REGULATORY AUTHORITY

Telangana RERA Penalizes Builder for Non-Registration of Project, Orders Completion of Construction

Case – Sri Madala Bharat Versus M/s Sree Sai Raghavendra Constructions & others

Telangana Real Estate Regulatory Authority (TSRERA/Authority) bench, comprising Justice Dr. N. Satyanarayana (Chairperson), K. Srinivasa Rao (Member), and Laxmi Narayana Jannu (Member), has penalized the builder for non-registration of the project under Section 3 of the Real Estate Regulation and Development Act 2016. Additionally, the Authority has directed the builder and other respondents to complete construction within 90 days and deliver the flat to the Homebuyer.

MAHARASHTRA REAL ESTATE APPELLATE TRIBUNAL

Maha REAT – Carpet Area Mentioned in Agreement of Sale Will Supersede All Other Documents

Case – Kamal Kishore Uniyal Versus Accord Builders

Maharashtra Real Estate Appellate Tribunal ('Tribunal') bench comprising of Justice Shriram R. Jagtap (Judicial Member) and DR. K. Shivaji (Technical Member) has held that in case there are discrepancies or contradictions regarding the carpet area in various documents related to the property (Challan and Draft Agreement), the carpet area specified in the Agreement of Sale will be considered the authoritative and binding measurement.

MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY

Maharashtra RERA Orders Builder to Hand Over Possession of Flat to Homebuyer Following Many Years of Delay

Case Title – Upasna Bajaj Versus Lokhandwala Kataria Construction Pvt Ltd & others

Maharashtra Real Estate Regulatory Authority (Authority) bench, comprising of Justice Mahesh Pathak (Member – I), has directed builder to handover the possession of flat to homebuyer following many years of delay. The flat, which was initially allocated to the homebuyer in 2010, has been subject to prolonged delays.

HIMACHAL REAL ESTATE REGULATORY AUTHORITY

Himachal RERA Penalizes Builder for Advertising and Selling Flat Without Registration

Case – Bhawak Prashar Versus Smt. Indu Walia

In a Suo motu matter, the Himachal Real Estate Regulatory Authority (Authority) bench, comprising Justice Srikant Baldi (Chairperson) and BC Badalia (Member), has penalized the builder with a 13-lakh penalty for advertising and selling the flat without registering it under Section 3 of The Real Estate (Regulation and Development) Act, 2016.

HARYANA REAL ESTATE REGULATORY AUTHORITY

Haryana RERA: Provisions Of the Limitation Act, 1963, Do Not Apply To RERA

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 provisions under Section 54 of the Limitation Act, 1963, which stipulate a limitation period of 3 years for a specific performance suit, do not apply to complaints under RERA. Consequently, the authority held that the complaint filed by the homebuyer after three years from the date the cause of action will be maintainable before the authority.

Haryana RERA Directs Builder to Hand Over Possession of Flat to Homebuyers and Pay Interest for Possession Delay

Case – Kapil Poddar and Renuka Poddar versus M/s Ramprastha Promoters & Developers Private Limited along with Shashikant Singh versus M/s Ramprastha Promoters & Developers Private Limited

The Haryana Real Estate Regulatory Authority (Authority), bench comprising Justice Ashok Sangwan (Member), has directed the builder to hand over possession of the flat to the Homebuyer and to pay interest for the delay in possession. The possession of the flat, initially scheduled for transfer in 2012 as per the agreement, has been subject to significant delays by the builder.

UTTAR PRADESH REAL ESTATE REGULATORY AUTHORITY

UPRERA - No Restriction on Registration of Allocations for Full Projects of Ansal API's Lucknow Township

The Uttar Pradesh Real Estate Regulatory Authority (UPRERA) has recently issued an order to clarify its previous directive dated 26th June 2023 concerning Ansal API Ltd.'s Sushant Golf City High-Tech Township project in Lucknow. This order specifies that there are no restrictions on registering allocations for projects that obtained completion certificates before the implementation of the Real Estate Regulatory Authority (RERA).