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RERA Cases Weekly Round Up: September 9 to September 15
Aryan Raj
16 Sept 2024 9:16 PM IST
Maharashtra Real Estate Appellate Tribunal 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...
Maharashtra Real Estate Appellate Tribunal
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
Karnataka Real Estate Regulatory Authority
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.
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.
Haryana Real Estate Regulatory Authority
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.
Tamil Nadu Real Estate Regulatory Authority
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.
Telangana Real Estate Regulatory Authority
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.
Maharashtra Real Estate Regulatory Authority
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.
Rajasthan Real Estate Regulatory Authority
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.
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.