Maharashtra Real Estate Appellate Tribunal MahaREAT Imposes Penalty Of Rs. 5 Lakhs On Spenta Builders For Violating Airport Authority Of India Height Restrictions Case – Sagar Sarjerao Nikam & anr Versus Spenta Builders Private Limited Citation – Appeal No. AT006000000042033/2020 Maharashtra Real Estate Appellate Tribunal (Tribunal) comprising Justice Shriram R....
Maharashtra Real Estate Appellate Tribunal
Case – Sagar Sarjerao Nikam & anr Versus Spenta Builders Private Limited
Citation – Appeal No. AT006000000042033/2020
Maharashtra Real Estate Appellate Tribunal (Tribunal) comprising Justice Shriram R. Jagtap (Judicial Member) and Shrikant M. Deshpande (Technical Member) imposed a penalty of Rs. 5 lakhs on Spenta Builders for violating the height No Objection Certificate (NOC) by the Airport Authority of India (AAI).
Case – M/S New Sangeeta CHS Ltd Versus Kushal M. Haria & others
Citation – Appeal No. AT006000000031756/19
Maharashtra Real Estate Appellate Tribunal (Tribunal), comprising Justice Shriram R. Jagtap (Judicial Member) and Shrikant M. Deshpande (Technical Member) has held that society owning land and authorizing a developer for redevelopment falls under the definition of Promoter under Section 2(zk) of RERA,2016.
Haryana Real Estate Regulatory Authority
Haryana RERA Directs Ansal Builders To Hand Over Possession And Pay Interest For Delay
Case – Sanjeev Ganguly & Anr Versus M/s Ansal Townships Infrastructure Private Limited
Citation – Complaint No: 7354 of 2022
Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member) has directed M/s Ansal Townships Infrastructure Private Limited to hand over possession within two months after obtaining the occupancy certificate and pay interest to the homebuyer for the delay in handing over possession.
As per the agreement signed by the homebuyer in May 2012, the builder was supposed to hand over possession of the flat by November 2017.
Case – Richa Arora Versus M/s Ocean Seven Buildtech Private Limited & 6 others
Citation – Complaint No. 4217 of 2021 & 6 others
Haryana Real Estate Regulatory Authority (Authority) bench comprising Arun Kumar (Chairman), Ashok Sangwan (Member) and Vijay Kumar Goyal (Member) has directed Ocean Seven Buildtech to pay interest to the seven homebuyers of the Golf Heights project located at Sector 69, Gurugram for the delay in handing over possession.
Haryana RERA Orders Agrante Developers To Refund Amount Paid By Homebuyer
Case – Lt. Col Rohit Sharma Versus M/S Agrante Developers Private Limited
Citation – Complaint No: 1146 of 2022
Haryana Real Estate Regulatory Authority (Authority) bench, comprising Arun Kumar (Chairman), has directed Agrante Developers to refund Rs.9.47 Lakhs with interest to homebuyer who purchased a flat in their Beethoven's 8 Project.
Haryana RERA Directs Emaar India To Pay Interest To Homebuyer Of Emerald Hills Floors Project
Case – Bidisha Biswas & Anr Versus Emaar MGF Land Ltd (Presently Known as Emaar India Ltd]
Citation – Complaint No: 7323 of 2012
Haryana Real Estate Regulatory Authority (Authority) bench, comprising Vijay Kumar Goyal (Member), has directed M/s Emaar India Ltd to pay interest to homebuyer from its Emerald Hills Floors Project for delayed possession.
Case – Saurabh Mehta & Jai Parkash Mehta Versus M/s. NBCC (INDIA) LIMITED
Citation – Complaint No.82 of 2023
Haryana Real Estate Regulatory Authority (Authority) Bench, Comprising of Rajender Kumar (Adjudicating Officer) has directed National Buildings Construction Corporation Limited (NBCC) to compensate the homebuyer for rental expenses and mental agony after they were forced to vacate their flat as the project was found unsafe for living due to its unsafe construction after taking possession.
NBCC is a Public Sector Undertaking (PSU) in real estate and it has multiple projects across Delhi NCR and other parts of India.
Haryana RERA Orders Emaar MGF To Pay Interest To Homebuyer For Delayed Possession
Case – Dr. Shybal Das Versus M/s Emaar MGF Land Limited
Citation – Complaint No: 671 of 2023
Haryana Real Estate Regulatory Authority (Authority) bench, comprising Vijay Kumar Goyal (Member) has directed Emaar MGF Land Limited to pay interest to the homebuyer for the delay in handing over possession.
Haryana RERA Directs Imperia Structures To Pay Assured Returns To Complainant
Case – Shasi Vats & anr Versus M/s Imperia Structures Limited
Citation – Complainant 1525 of 2023
Haryana Real Estate Regulatory Authority (Authority) bench, comprising Vijay Kumar Goyal (Member) directed Imperia Structures to pay assured returns to complainant who purchased an office in their project under the Assured Returns scheme.
Assured returns projects are schemes where builders promise to pay a fixed amount to homebuyers at regular intervals (usually monthly) for a specified period.
West Bengal Real Estate Appellate Tribunal
WBREAT Directs Builder To Hand Over Possession Of Flat To Homebuyer And Pay Interest For Delay
Case – Shri Joydeep Majumder & Senco Infrastructure Pvt. Ltd. Versus Sudip Kumar De
Citation – WBREAT/APPEAL NO. – 006/2024
West Bengal Real Estate Appellate Tribunal (Tribunal), comprising Justice Rabindranath Samanta (Chairperson), Gour Sunder Banerjee (Judicial Member) and Dr. Subrat Mukherjee (Administrative Member) has directed the builder to hand over possession of the flat after obtaining the completion certificate from the relevant authority and pay interest to the homebuyer for the delay in possession.
Case – Shri Joydeep Majumder & Senco Infrastructure Pvt. Ltd. Versus Suchismita De
Citation – WBREAT/APPEAL NO. – 007/2024
West Bengal Real Estate Appellate Tribunal (Tribunal), comprising Justice Rabindranath Samanta (Chairperson), Gour Sunder Banerjee (Judicial Member) and Dr. Subrat Mukherjee (Administrative Member) has provided relief to a homebuyer who purchased a 1,219 sq. ft. flat with a car parking space in the builder project.
The Tribunal directed the builder to hand over possession of the flat with the car parking space and pay interest to the homebuyer for the delay in possession.
Case – Yes Bank Limited Versus Ritu Gupta & Anr Along with 7 others
Citation- WBREAT/APPEAL NO. – 012/2024 Along with 7 others
West Bengal Real Estate Appellate Tribunal (Tribunal), comprising Justice Rabindranath Samanta (Chairperson), Gour Sunder Banerjee (Judicial Member) and Dr. Subrat Mukherjee (Administrative Member) restrained Yes Bank from taking possession of the flats and selling them at auction to recover the loan provided to the builder.
Punjab Real Estate Regulatory Authority
Punjab RERA Holds ATS Estate Liable For Delayed Possession, Orders Refund With Interest To Homebuyer
Case – Jyotsna Dhawan & anr Versus ATS Estate Pvt. Ltd & others
Citation – GC No. 0248 of 2024
Punjab Real Estate Regulatory Authority (Authority) Bench, Comprising of Binod Kumar Singh (Member) directed ATS Estates to refund Rs. 17.74 Lakhs along with interest to the homebuyers for the delayed possession.
Telangana Real Estate Regulatory Authority
Case – Sri Katchala Nanaji Versus M/s Krithika Infra Developers Pvt. Ltd. & others
Citation – Complaint No.115 of 2024
Telangana Real Estate Regulatory Authority (Authority) bench, comprising Justice Dr. N. Satyanarayana (Chairperson), K. Srinivasa Rao (Member) and Laxmi Narayana Jannu (Member) directed the Hyderabad based builder named Krithika Infra Developers to refund the amount paid by the homebuyer for purchasing the flat. Additionally, the bench imposed a penalty of Rs. 9.96 lakh on the builder for marketing, advertising and selling the unregistered project to the homebuyer.
Maharashtra Real Estate Regulatory Authority
Case – Visha Yashwant Paradkar Versus M/S Lucina Land Development Limited
Citation – Complaint No. CC006000000333960
Maharashtra Real Estate Regulatory Authority (Authority) bench, comprising Mahesh Pathak (Member – I), has directed Lucina Land Development to refund the amount paid by homebuyer without interest after deducting 2% of the total consideration.
Karnataka Real Estate Regulatory Authority
Case – Sandeep Vaman Palekar & Anr Versus M/s Shriram Properties Pvt Ltd. & Anr
Citation – COMPLAINT NO: CMP/721/2024
Karnataka Real Estate Regulatory Authority (Authority) bench, comprising GR Reddy (Member), has directed Shriram Properties to pay Rs. 12.77 Lakhs to the homebuyer as interest for delay in handing over possession of the flat.
Case – Rishi Kant Jha Versus M/s Mantri Developers Pvt. Ltd
Citation – COMPLAINT NO: CMP/221201/0010417
Karnataka Real Estate Regulatory Authority (Authority) bench, comprising GR Reddy (Member) has directed Mantri Developers to refund Rs. 22.34 Lakhs to the homebuyer for the delayed possession.
Haryana Real Estate Appellate Tribunal
Case Title - TDI Infrastructure Pvt. Ltd V. Anita Goel
Case Number - CM No- 1570 of 2023 in Appeal No. 273 of 2023
The Haryana Real Estate Appellate Tribunal (Tribunal) comprising of bench of Justice Rajan Gupta (Chairman) and Shri Rakesh Manocha (Technical Member) has dismissed the TDI Infrastructure application for condonation of a 193-day delay in filing the appeal before the Tribunal.
Tribunal observed that the reasons provided by the builder for the delay in filing the appeal were unconvincing and speculative. It noted that the builder being a well-resourced real estate company should have acted promptly if it intended to file an appeal.
As per Section 44(2) of The Real Estate (Regulation and Development) Act, 2016, the builder was required to file the appeal within 60 days from the date of receiving a copy of the order.