RERA Cases Weekly Round Up: August 5 To August 11,2024
Aryan Raj
15 Aug 2024 7:15 PM IST
Haryana Real Estate Regulatory Authority Haryana RERA Directs Ocean Seven Buildtech To Pay Interest To 15 Homebuyers Of Expressway Towers For Delayed Possession Case – Rameshwar Singh Versus Ocean Seven Buildtech Pvt. Ltd. A/w 14 others Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed Ocean Seven Buildtech Pvt. Ltd.,...
Haryana Real Estate Regulatory Authority
Case – Rameshwar Singh Versus Ocean Seven Buildtech Pvt. Ltd. A/w 14 others
Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed Ocean Seven Buildtech Pvt. Ltd., the builder, to pay interest to the 15 homebuyers of the Expressway Towers project located at Sector 109, Gurugram, for the delay in handing over possession.
The project was an affordable housing project, and possession was expected to be handed over by the builder within 4 years from the date of building plan approval or environmental clearance, whichever is later.
Haryana RERA Orders Czar Buildwell To Refund Amount Paid By Homebuyer Of Mahira Homes-104
Case – Sanjay Versus M/s Czar Buildwell Pvt. Ltd
Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), directed M/s Czar Buildwell Pvt. Ltd., the builder, to refund the amount paid by the homebuyer along with interest.
Although the due date for possession was set for 2026, the Authority revoked the project's registration on March 11, 2024, due to numerous violations of the Real Estate (Regulation and Development) Act, 2016. Since it was clear that the builder could not complete the project, the Authority granted a refund to a homebuyer of the Mahira Homes 104 Project.
Delay Of 8 Years In Handing Over Possession Of Plot, Haryana RERA Orders Vatika Ltd To Refund
Case - Dr. Dolly Chopra Versus M/S Vatika Limited
Haryana Real Estate Regulatory Authority (Authority) bench, comprising Sanjeev Kumar Arora (Member), has directed M/S Vatika Limited, the builder, to refund the amount paid by the Complainant to purchase a plot after failing to hand over possession even after an eight-year delay.
Haryana RERA Orders Emaar To Refund Amount Paid By Homebuyer
Case – Sh. Muthunayagom Gaudama Vasan Versus M/s Emaar Mgf Land Ltd.
Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed M/s Emaar Mgf Land Ltd., the builder to refund ₹1.30 crores with interest to homebuyer who purchased a villa in their Marbella Project.
Maharashtra Real Estate Appellate Tribunal
MahaREAT Directs Adani Estates To Pay Interest To Homebuyers For Delayed Possession
Case – Mr. Atul G Sharma & others Versus Adani Estates Pvt. Ltd.
Maharashtra Real Estate Appellate Tribunal (Tribunal) bench, comprising Shriram R. Jagtap (Judicial Member) and Shrikant M. Deshpande (Technical Member), has directed Adani Estates Pvt. Ltd., the builder, to pay interest to the homebuyer for the delay in handing over possession. Earlier, the Maharashtra Real Estate Regulatory Authority (Authority) had dismissed the homebuyer's complaint seeking interest for the delay from the builder.
Case – Ajay Versus M/s. Lucina Land Development Limited A/w another
Maharashtra Real Estate Appellate Tribunal (Tribunal) bench, comprising Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Technical Member), has held that homebuyers can approach the Real Estate Regulatory Authority (Authority) even if they have already filed a complaint before the Consumer Court. However, if both complaints seek the same relief, the Doctrine of Election will apply. In such cases, homebuyers will need to withdraw their complaint from the Consumer Court to ensure that the complaint filed before the Authority remains valid.
The Doctrine of Election says that if an aggrieved party has two options to get the same relief, they must choose one option and cannot pursue both.
Karnataka Real Estate Regulatory Authority
Karnataka RERA Orders Shrivision Towers To Pay Interest To Homebuyer For Delayed Possession
Case – Madhuparni Roy Versus Shrivision Towers Private Ltd.
Karnataka Real Estate Regulatory Authority (Authority) bench, comprising Neelmani N. Raju (Member), has directed Shrivision Towers Private Ltd., the builder, to pay interest to the homebuyer for failing to hand over possession of the flat on time. According to the agreement, the builder was supposed to hand over possession by September 2021.
Case - Mallikarjuna Js & another Versus Mantri Technology Constellations Pvt. Ltd.
Karnataka Real Estate Regulatory Authority (Authority) bench, comprising HC Kishore Chandra (Chairperson), has directed Mantri Technology Constellations Pvt. Ltd., the builder, to refund the amount paid by the homebuyer for purchasing a flat, after the builder failed to complete the project despite a four-year delay.
Maharashtra Real Estate Regulatory Authority
MahaRERA Orders Builder To Pay Interest To Homebuyer Of Gokul Silvermist For Delayed Possession
Case – Vinod Padmakant Parekh & anr Versus M/s Heena Builders & Developers A/W 2 others
Maharashtra Real Estate Regulatory Authority (Authority) bench, comprising Mahesh Pathak (Member), directed M/s Heena Builders & Developers, the builder, to pay interest to the homebuyer for the delay in handing over possession of the flat. The homebuyer had booked three flats in Gokul Silvermist, Santacruz (West), and was expecting possession by December 2017.
Telangana Real Estate Regulatory Authority
Case – M.Sathvika Versus M/s Jayathri Infrastructures India Pvt Ltd A/w 13 others
While hearing the complaint of fourteen homebuyers of the Lexico Park project, the 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 amount paid by the homebuyers to purchase the flats. Additionally, the Authority imposed a penalty of ₹1.16 crores on the builder for marketing, advertising, and selling the unregistered project to homebuyers.
Case - Sri Abdul Wahid Versus M/s Jayathri Infrastructures India Pvt Ltd A/W 3 others
Telangana Real Estate Regulatory Authority (Authority) bench, comprising Justice Dr. N. Satyanarayana (Chairperson), K. Srinivasa Rao (Member), and Laxmi Narayana Jannu (Member), directed M/s Jayathri Infrastructures India, the builder, to refund the amount paid by the Four homebuyers of Jaya Gold for their respective flats.
Additionally, the Authority imposed a penalty of ₹9.78 Lakh on the builder for marketing, advertising, and selling the unregistered project to homebuyers.
Tamil Nadu Real Estate Regulatory Authority
Case – Twinkle Preethy Sivakumar Versus M/s. Alliance Villas Pvt Ltd.
Tamil Nadu Real Estate Regulatory Authority (Authority) bench, comprising Sunil Kumar (Member), has directed, M/s. Alliance Villas Pvt Ltd, the builder to refund the full amount paid by the homebuyer without deducting any cancellation charges.
