Consumer Cases Weekly Round-Up: 8th to 14th April 2024

Himachal RERA Grants Relief To Non-Himachali Homebuyer, Directing Builder To Refund With Interest If State Land Laws Permission Is Not Obtained

The Himachal Real Estate Regulatory Authority (HPRERA) bench comprising of Justice Dr. Srikant Badli and BC Badalia, has granted relief to a non-Himachali homebuyer under whose favor the builder was not executing a conveyance deed, as the homebuyer had not obtained necessary permission under Section 118 of the Himachal Pradesh Tenancy and Land Reforms Act 1972. Consequently, HPRERA directed the builder to refund the amount paid by the homebuyer to purchase the flat with interest if permission is not obtained under the act.

Maharashtra Real Estate Appellate Tribunal (MahaREAT/Tribunal)

MahaREAT: Mere Non-Execution Of Agreement For Sale Does Not Bar Homebuyers From Invoking Section 18 Of RERA

Maharashtra Real Estate Appellate Tribunal (MahaREAT/Tribunal) bench, comprising of Justice Shri Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Technical Member), has held that the mere non-execution of the Agreement for Sale does not preclude homebuyers from invoking Section 18 of RERA, which confers an unqualified right upon the homebuyer to get refund of amount with interest if builder fails to complete the project or is unable to give possession of the flat on agreed timeline.

Maharashtra Real Estate Regulatory Authority (MahaRERA)

MahaRERA Appoints Chandak Realtors As New Promoter Of Anantya After Former Promoter Failed To Implement Project

The Maharashtra Real Estate Regulatory Authority (MahaRERA) bench, comprising of Ajoy Mehta (Chairperson), Mahesh Pathak (Member) and Ravindra (Member), has appoints Chandak Realtors Private Limited as the new Promoter of the Anantya 1A & 1B Project located in Kurla after the former promoter failed to implement the Slum Rehabilitation Authority (SRA) Scheme for the redevelopment of three societies.

Telangana Real Estate Regulatory Authority (TSRERA )

Telangana RERA Restrains Buildox Private Limited from Advertising and Selling Its Proposed Hafeezpet Project

The Telangana Real Estate Regulatory Authority (TSRERA ) bench comprising of Justice Dr. N. Satyanarayana (Chairperson), K. Srinivasa Rao (Member), and Laxmi Narayana Jannu (Member), has restrained Buildox Private Limited from advertising and selling its proposed Hafeezpet, Hyderabad project until the final disposal of the complaint filed against Buildox for violating Section 3 and 4 of the Real Estate (Regulation and Development) Act, 2016, pertaining to advertising an unregistered project.

Haryana Real Estate Regulatory Authority (Authority)

Haryana RERA Directs Builder To Refund The Homebuyer's Amount With Interest, Rejects Builder's Investor Argument

Haryana Real Estate Regulatory Authority (Authority) comprising Justice Ashok Sangwan (Member), has directed the builder to refund the entire amount paid by the homebuyer with interest, rejecting the builder's contention that the homebuyer is not a consumer but an investor. Thus, the homebuyer is not entitled to file a complaint before the authority.

Maharashtra Real Estate Appellate Tribunal (MahaREAT/Tribunal)

MahaREAT : Demanding Further Payment After Receiving More Than 20% Of The Flat Price For Executing Sale Agreement Is Illegal

Maharashtra Real Estate Appellate Tribunal (MahaREAT/Tribunal) bench, comprising of Justice Shri Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Technical Member), has held that demanding additional payment from homebuyers after receiving over 20% of the flat price for executing the agreement for sale is illegal. Consequently, the MahaREAT held the builder's termination of the letter of intent upon the homebuyers' failure to make the demanded payment as illegal.

Maharashtra Real Estate Regulatory Authority (MahaRERA)

MahaRERA: A Real Estate Project Cannot Have Two Or Multiple Registration Numbers

The Maharashtra Real Estate Regulatory Authority (MahaRERA) bench, comprising of Ajoy Mehta (Chairperson), and Mahesh Pathak (Member), has held that as per Section 5(1)(a) of The Real Estate (Regulation and Development) Act, 2016, a real estate project cannot have two or multiple registration numbers.

Telangana Real Estate Regulatory Authority (TSRERA/Authority)

TSRERA: Mother Filing Complaint Through Special Power Of Attorney Representing Homebuyer-Daughter, Will Be Considered Aggrieved Party

The Telangana Real Estate Regulatory Authority (TSRERA/Authority) bench, comprising of Justice Dr. N. Satyanarayana (Chairperson), K. Srinivasa Rao (Member), and Laxmi Narayana Jannu (Member), has held that the mother filing a complaint through the Special Power of Attorney (SPA) representing the daughter, who is the homebuyer, will be considered as a Homebuyer and an Aggrieved Person as defined under Section 2(d), 2(zg)(i) read with Section 31(1) of the RERA, 2016.