RERA Cases Monthly Digest: May 2024
Aryan Raj
5 Jun 2024 3:30 PM IST
Maharashtra Real Estate Regulatory Authority Maharashtra RERA Releases Order Mandating Detailed Disclosure Of Amenities In Sale Agreements The Maharashtra Real Estate Regulatory Authority (MahaRERA) has released order mandating builders to disclose the details about the amenities to homebuyers that will be provided to them in the project in sale agreements.Maharashtra RERA...
Maharashtra Real Estate Regulatory Authority
Maharashtra RERA Releases Order Mandating Detailed Disclosure Of Amenities In Sale Agreements
The Maharashtra Real Estate Regulatory Authority (MahaRERA) has released order mandating builders to disclose the details about the amenities to homebuyers that will be provided to them in the project in sale agreements.
Maharashtra RERA Releases Draft Regulation for Quality Assurance, Invites Suggestions and Views
Maharashtra Real Estate Regulatory Authority (MahaRERA) has released a draft regulation aimed at enhancing the quality of construction in the real estate sector. This initiative aligns with the provisions of the Real Estate (Regulation and Development) Act, 2016, particularly Section 14(3), which mandates prompt rectification of structural defects and other issues brought to the promoter's notice within five years of possession.
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.
Telangana Real Estate Regulatory Authority
Telangana RERA Orders Builder To Rectify Structural Defects Arising Out Of Real Estate Project
Case – Chandrashekar Laxmi Sudha & another Versus M/s Empire Meadows and others
The Telangana Real Estate Regulatory Authority (TSRERA) bench, consisting of Justice Dr. N. Satyanarayana (Chairperson), K. Srinivasa Rao (Member), and Laxmi Narayana Jannu (Member), has directed the builder to rectify the structural defects arising from the project following the transfer of possession to the homebuyers, as per section 14(3) of The Real Estate (Regulation and Development) Act, 2016.
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.
Karnataka Real Estate Regulatory Authority
Case – Sharath Kumar Mahajan Versus Mantri Technology Constellations Private Limited & others
Karnataka Real Estate Regulatory Authority (Authority) bench, Comprising of Justice HC Kishore Chandra (Chairman) has directed builder to refund the homebuyer's amount with interest after builder failed to deliver the possession of the flat on promised timeframe.
Case – Rahamatulla Dhalayat Versus Mantri Builders Private Limited
Karnataka Real Estate Regulatory Authority (Authority) bench, comprising Justice HC Kishore Chandra (Chairperson), has directed the Builder to refund the amount paid by the Homebuyer to purchase a flat after the Builder failed to hand over possession even after a lapse of more than six years and failed to pay Pre-EMI to the bank.
Case – Uma Maheshwari Versus Shree Krishna Developers & Promoters & Another
Karnataka Real Estate Regulatory Authority (Authority) bench, comprising Justice HC Kishore Chandra (Chairperson), has directed the Builder to refund the amount paid by the Homebuyer to purchase land after the Builder failed to provide it within the agreed timeline.
Case – Rahamatulla Dhalayat Versus Mantri Builders Private Limited
Karnataka Real Estate Regulatory Authority (Authority) bench, comprising Justice HC Kishore Chandra (Chairperson), has directed the Builder to refund the amount paid by the Homebuyer to purchase a flat after the Builder failed to hand over possession even after a lapse of more than six years and failed to pay Pre-EMI to the bank.
Case – Uma Maheshwari Versus Shree Krishna Developers & Promoters & Another
Karnataka Real Estate Regulatory Authority (Authority) bench, comprising Justice HC Kishore Chandra (Chairperson), has directed the Builder to refund the amount paid by the Homebuyer to purchase land after the Builder failed to provide it within the agreed timeline.
Case – K Vimalkumar Versus ND Developers Private Limited and others
Karnataka Real Estate Regulatory Authority (Authority) bench, comprising GR Reddy (Member), has directed the builder to pay forty-eight lakh rupees to the homebuyer as interest for the delay in handing over possession of the flat. As per the agreement, the builder was supposed to hand over possession by March 2019.
Tamil Nadu Real Estate Appellate Tribunal
TNREAT - Appeal Before Appellate Tribunal Without Depositing Corpus Fund Is Not Maintainable
Case – M/s. Bahri Estates Pvt. Ltd., rep. by its Authorised Signatory & another vs Anandam Villa Owners Welfare Society (AVOWS)
Tamil Nadu Real Estate Appellate Tribunal (TNREAT) bench comprising of Justice M. Duraiswamy (Chairperson) and R. Padmanabhan (Judicial Member), has held that an appeal filed before the Appellate Tribunal without depositing the Corpus Fund as stipulated under Section 43(5) of the Real Estate (Regulation and Development) Act, 2016 is not maintainable.
In real estate, the Corpus Fund is the initial capital collected by the developer for the maintenance of amenities and facilities. This fund is typically collected from homebuyers as pre-maintenance charges, which are not included in the total sale amount of the property. The corpus funds are kept in the bank, and the interest generated from these funds is used by the developer for maintenance purposes.
Rajasthan Real Estate Regulatory Authority
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.
Case – Dinesh Agrawal Versus Parsvnath Developers Limited
Rajasthan Real Estate Regulatory Authority (Authority) Bench, comprising Justice RS Kulhari (Adjudicating Officer), has directed the builder to compensate the complainant who purchased a shop in the builder's project for the delay in handing over possession, despite paying all consideration and associated charges.
Rajasthan RERA Orders Compensation For Homebuyer Who Booked Flat Under CM Jan Awas Yojna
Case – Mr. Ramawater Saini & another Versus M/S AKG Affordable Housing Private Limited
Rajasthan Real Estate Regulatory Authority (Authority) Bench, comprising of Justice RS Kulhari (Adjudicating Officer), has directed the builder to compensate the homebuyer for the delay in offering possession. Additionally, the Authority ordered the builder to pay Rs. 80,000 for the mental agony caused due to the delay to the homebuyer who had booked the flat under the Chief Minister Jan Awas Yojna.
Case – Dinesh Agrawal Versus Parsvnath Developers Limited
Rajasthan Real Estate Regulatory Authority (Authority) Bench, comprising Justice RS Kulhari (Adjudicating Officer), has directed the builder to compensate the complainant who purchased a shop in the builder's project for the delay in handing over possession, despite paying all consideration and associated charges.
Rajasthan RERA Orders Compensation For Homebuyer Who Booked Flat Under CM Jan Awas Yojna
Case – Mr. Ramawater Saini & another Versus M/S AKG Affordable Housing Private Limited
Rajasthan Real Estate Regulatory Authority (Authority) Bench, comprising of Justice RS Kulhari (Adjudicating Officer), has directed the builder to compensate the homebuyer for the delay in offering possession. Additionally, the Authority ordered the builder to pay Rs. 80,000 for the mental agony caused due to the delay to the homebuyer who had booked the flat under the Chief Minister Jan Awas Yojna.
Rajasthan RERA Refuses Refund To Homebuyer In Completed Project, Orders Interest For Delay Instead
Case – Ashish Yadav Versus Cosmos Infra Engineering India Pvt. Ltd
Rajasthan Real Estate Regulatory Authority (Authority) Bench, comprising Veenu Gupta (Chairperson), refused to grant refund to homebuyer in a completed real estate project, citing potential adverse effects on the project. However, the Authority directed the builder to pay interest to the homebuyer for the delay instead.
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.
MahaREAT Dismisses Builder's Application For Condonation Of 380-Day Delay In Filing Appeal
Case – M/s. Shree Sadguru & Deluxe JV Versus R. Jayanti Rani & Anr
The bench of the Maharashtra Real Estate Appellate Tribunal ('Tribunal'), comprising Justice Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Technical Member), has dismissed the builder's application for condonation of a 380-day delay in filing the appeal before the Tribunal.
MahaREAT Dismisses Builder's Application For Condonation Of 380-Day Delay In Filing Appeal
Case – M/s. Shree Sadguru & Deluxe JV Versus R. Jayanti Rani & Anr
The bench of the Maharashtra Real Estate Appellate Tribunal ('Tribunal'), comprising Justice Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Technical Member), has dismissed the builder's application for condonation of a 380-day delay in filing the appeal before the Tribunal.
Case – Kunal Kashyap & another Versus M/S Atul Enterprises
The bench of the Maharashtra Real Estate Appellate Tribunal ('Tribunal'), comprising Justice Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Technical Member), refuses to adjudicate the homebuyer's appeal concerning registration of a real estate project due to the ongoing injunction issued by the Pune Civil Court prohibiting the builder from doing any construction on the existing building.
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.
Increasing Super Built Up Area Without Prior Permission Of Complainant Is Bad In Eyes Of Law
Case – Sohan Lal Swamy Versus Rajdarbar Assets Limited
Haryana Real Estate Regulatory Authority (Authority) bench, comprising Justice Ashok Sangwan (Member), has held that a builder increasing the super built-up area of a booked flat from 707 sq. ft. to 874.09 sq. ft. without any prior permission from the complainant is bad in the eyes of law. Accordingly, the Authority has quashed the builder's demand letter requesting additional payment from the complainant due to the increase in super built-up area.
Case – Dr. Vivek Mahendru S/o Devi Dass Mahendru (Through SPA holder Vijay Kapur) Versus M/s Raheja Developers Limited
Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed the builder to refund the amount paid by the homebuyer to purchase a flat, after the builder failed to hand over possession even after a delay of seven years and six months.
Case – Pranshu Dutt & another Versus M/s Raheja Developers Limited
Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed the builder to compensate homebuyers for a delay of over 4.1 years in handing over possession of the flat, whose due date for possession was April 6, 2020.
Uttar Pradesh Real Estate Regulatory Authority
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).
Punjab Real Estate Regulatory Authority
The Punjab government has commenced the process of appointing a new Chairman for the Punjab Real Estate Regulatory Authority (RERA) subsequent to the resignation of former Chairman Satya Gopal in February 2024.
The Punjab government has commenced the process of appointing a new Chairman for the Punjab Real Estate Regulatory Authority (RERA) subsequent to the resignation of former Chairman Satya Gopal in February 2024.
Assam Real Estate Appellate Tribunal
Assam REAT - RERA Does Not Have Retroactive Application To Already Completed Real Estate Projects
Case – Sri Shantanu Baruah Versus M/s Dona Builders Pvt. Ltd. & anr
The Assam Real Estate Appellate Tribunal ('Tribunal') bench, comprising Justice (Retd.) Manojit Bhuyan (Chairperson), has held that the provisions of the Real Estate (Regulation and Development) Act, 2016, cannot be applied retroactively to projects that were completed prior to the enactment of the Act. Accordingly, the Tribunal dismissed the appeal of the appellant regarding the project in question, which obtained an Occupancy Certificate on 07.05.2014.
