RERA Weekly Round Up – July 15 To July 21, 2024

Failure To Provide Possession Within 12 Months, Karnataka RERA Orders Builder To Refund Amount Paid By Homebuyer

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.

6-Year Delay In Providing Possession, Karnataka RERA Orders Builder To Pay Interest, Hand Over Possession Of Flat To Homebuyer

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.

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.

Haryana RERA Upholds Cancellation Of Flat's Booking, Orders Builder To Refund After Deducting 10% Of The Basic Sales Price

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.

Haryana RERA Upholds Emaar India's Termination Of Flat Booking After Homebuyer Failed To Make Timely Payments

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.

Haryana RERA – Homebuyers Can Claim Interest For Delayed Possession After Execution Of Conveyance Deed

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.

Punjab Real Estate Regulatory Authority

Delay Of 4 Years In Offering Possession, Punjab RERA Orders Builder To Pay Compensation To Homebuyer For Mental Agony

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.

Maharashtra Real Estate Regulatory Authority

MahaRERA Orders Gaurang Associates To Pay Interest To Homebuyer, Rejects Health Issue Of Builder As Force Majeure Event

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.