RERA Cases Monthly Digest: July-2024
Aryan Raj
9 Aug 2024 10:45 AM GMT
Karnataka Real Estate Regulatory Authority
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.
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.
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.
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.
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.
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.
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%.
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.
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.
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.
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.
Maharashtra Real Estate Regulatory Authority
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.
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.
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.
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.
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.
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.
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.
Gujarat Real Estate Regulatory Authority
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
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.
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.
Maharashtra Real Estate Appellate Tribunal
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.
