RERA WEEKLY ROUND UP NOVEMBER 11 – NOVEMBER 17

Failure To Provide Possession Of Two Showrooms On Time, MahaRERA Directs Pune Builder To Pay Interest To The Complainant

Case – Kohinoor Televideo Pvt Ltd Versus Deron Properties Pvt Ltd A/W 1 other

Citation - Complaint No. CC005000000096064 & 1 other

Maharashtra Real Estate Regulatory Authority (Authority) bench, comprising Mahesh Pathak (Member – I) directed the Pune-based builder Deron Properties Pvt Ltd to pay interest to the complainant who purchased two showrooms in their project.

KARNATAKA REAL ESTATE APPELLATE TRIBUNAL

Karnataka REAT Directs Builder To Provide Car Parking Space Without Charging Extra Money

Case – Prestige Estates Projects Ltd. Versus Mr. Venkatesh S. Arbatti & others

Citation – APPEAL NO. (K-REAT) 05/2023

Karnataka Real Estate Appellate Tribunal (Tribunal) Bench, comprising Santhosh Kumar Shetty N. (Judicial Member) and Mahendra Jain (Administrative Member) directed the builder to provide a car parking space to the homebuyer with their 1BHK flat without charging any extra money.

The Tribunal rejected the builder's contention that they had mistakenly mentioned providing the car parking space in the sale agreement.

HIMACHAL REAL ESTATE REGULATORY AUTHORITY

Delay Of 3.5 Years In Delivering Possession Of Plot, Himachal RERA Directs Builder To Pay Rs. 2.92 Crore As Interest To Complainant

Case Title – Shri Manish Kumar Newar HUF & another Versus Delanco Realtors Private Limited & others

Citation – Complaint No. HPRERA2024015/C

Himachal Real Estate Regulatory Authority (Authority) bench comprising Justice Srikant Baldi (Chairperson) directed the builder to pay Rs. 2.92 crore to the complainant who received the offer of possession of plot after a delay of 3.5 years.

HARYANA REAL ESTATE REGULATORY AUTHORITY

Haryana RERA Directs Pareena Infrastructures To Pay Interest, Execute Conveyance Deed In Favour Of Homebuyer

Case title – Tarakeswar das & anr versus Pareena infrastructures pvt. Ltd. & others

Citation – complaint no: 5638 of 2023

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Arun Kumar (Chairperson) has directed Pareena Infrastructures Pvt. Ltd to pay interest and execute conveyance deed in the favor of homebuyer.

KARNATAKA REAL ESTATE REGULATORY AUTHORITY

Delayed Possession And Failure To Pay Pre-EMI, Karnataka RERA Directs Ozone Realtors To Refund Rs. 86 Lakhs To Homebuyer

Case – Anand Puranik & anr Versus Ozone Realtors Private Limited

Citation – 00098/2024

Karnataka Real Estate Regulatory Authority (Authority) bench comprising Neelmani N. Raju (Member) has directed Ozone Realtors Private Limited to refund Rs. 86.32 lakhs to the homebuyer after the builder failed to provide possession of the flat on time and did not pay the Pre-EMI.

MAHARASHTRA REAL ESTATE APPELLATE TRIBUNAL

MahaREAT - Escalation Costs Are Only Permissible From Execution Of Agreement Until Due Date Of Possession

Case Title: Chandrakant N. Shendkar & Anr. Versus Shri Sati Builders and Developers Pvt. Ltd. Along with 2 others

Citation: Appeal Nos.AT0060000000053734, 93909 and 133986

While holding the builder notice demanding further payment from homebuyers on the grounds of escalation in the cost of building materials unlawful, Maharashtra Real Estate Appellate Tribunal (Tribunal) comprising Justice Shriram R. Jagtap (Judicial Member) and Shrikant M. Deshpande (Technical Member) ruled that escalation costs are only permissible from the execution of the sale agreement until the due date of possession.

TELANGANA REAL ESTATE REGULATORY AUTHORITY

TSRERA Orders Refund To Homebuyer Who Paid Builder Without Verifying Project Registration, Refuses To Provide Interest

Case Title – Sri Sharath Chandupatla Versus M/S. Buildox Private Limited

Citation – Complaint No.520 Of 2024

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 initial amount paid by the homebuyer for purchasing a flat in the builder unregistered project.

Authority refused to provide interest on the amount holding that it was the homebuyer duty to perform due diligence before making the payment to the builder.