RERA Cases Weekly Round Up – 20th May To 26th May 2024

Himachal Pradesh RERA Directs Builder to Construct Road Leading Up to Complainant Plot

Case - Harish Kumar Sethi Versus Harsh Tomar & another

Himachal Real Estate Regulatory Authority (Authority), bench comprising Justice Srikant Baldi (Chairperson) and BC Badalia (Member), has directed the builder to construct the road leading up to the complainant's plot within three months as per the sanctioned plan. Additionally, the Authority has also directed the builder to register the project under RERA within one month.

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.

Telangana Real Estate Regulatory Authority

Telangana RERA Orders Builder To Fix Structural Defect Arising Out of Project

Case - Sri Nishanth Garikipati & Ors. vs. M/s Shiva Shakthi Constructions

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 related to construction quality and amenities 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.

Maharashtra Real Estate Appellate Tribunal

MahaREAT Dismisses Homebuyer's Application for Condonation Of 225-Days Delay in Filing Appeal

Case – Rituja Ravindra Parab & Anr Versus Nirman Realtors & Developers Ltd

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 homebuyer's application for condonation of a 225-day delay in filing the appeal, concluding that the explanation provided for the delay is not satisfactory.

Maharashtra Real Estate Regulatory Authority

MahaRERA Directs Kalpataru Radiance Project To Refund Money With Interest Or Pay Monthly Interest To Homebuyers Choosing To Stay

Case – Ashok Ramachandran Nair and Another Versus Keyana Estate LLP and Others

In a relief to Homebuyers, Maharashtra Real Estate Regulatory Authority (Authority) Bench, comprising of Ajoy Mehta (Chairperson), has directed the builder to refund the amount with interest to homebuyers opting to withdraw and to pay monthly interest to homebuyers choosing to stay invested in the Kalpataru Radiance Project.