RERA Cases Weekly Round Up – 6th May To 12th May,2024

RAJASTHAN REAL ESTATE REGULATORY AUTHORITY Rajasthan RERA Orders Compensation to Homebuyer, Rejects Builder's Contention That Delay Caused Due to ED Investigation Case – Vasudev Takwani & another Versus M/s Riddhi Siddhi Infra Projects Pvt. Rajasthan Real Estate Regulatory Authority (Authority), consisting of Justice RS Kulhari (Adjudicating Officer), has directed the...

Haryana RERA: Provisions Of The Limitation Act, 1963, Do Not Apply To RERA

Haryana Real Estate Regulatory Authority (Authority) comprising Justice Vijay Kumar Goyal (Member), has held that the provisions under Section 54 of the Limitation Act, 1963, which stipulate a limitation period of 3 years for a specific performance suit, do not apply to complaints under RERA. Consequently, the authority held that the complaint filed by the homebuyer after three years...

Haryana RERA Directs Builder To Hand Over Possession Of Flat To Homebuyers And Pay Interest For Possession Delay

The Haryana Real Estate Regulatory Authority (Authority), bench comprising Justice Ashok Sangwan (Member), has directed the builder to hand over possession of the flat to the Homebuyer and to pay interest for the delay in possession. The possession of the flat, initially scheduled for transfer in 2012 as per the agreement, has been subject to significant delays by the...

UPRERA - No Restriction On Registration Of Allocations For Full Projects Of Ansal API's Lucknow Township

The Uttar Pradesh Real Estate Regulatory Authority (UPRERA) has recently issued an order to clarify its previous directive dated 26th June 2023 concerning Ansal API Ltd.'s Sushant Golf City High-Tech Township project in Lucknow. This order specifies that there are no restrictions on registering allocations for projects that obtained completion certificates before the implementation of...

Maha REAT – Carpet Area Mentioned In Agreement Of Sale Will Supersede All Other Documents

Maharashtra Real Estate Appellate Tribunal ('Tribunal') bench comprising of Justice Shriram R. Jagtap (Judicial Member) and DR. K. Shivaji (Technical Member) has held that in case there are discrepancies or contradictions regarding the carpet area in various documents related to the property (Challan and Draft Agreement), the carpet area specified in the Agreement of Sale will...

Maharashtra RERA Orders Builder To Hand Over Possession Of Flat To Homebuyer Following Many Years Of Delay

Maharashtra Real Estate Regulatory Authority (Authority) bench, comprising of Justice Mahesh Pathak (Member – I), has directed builder to handover the possession of flat to homebuyer following many years of delay. The flat, which was initially allocated to the homebuyer in 2010, has been subject to prolonged delays. Background Facts In 2010, the Homebuyer (Complainant) purchased...

Himachal RERA Penalizes Builder For Advertising And Selling Flat Without Registration

In a Suo motu matter, the Himachal Real Estate Regulatory Authority (Authority) bench, comprising Justice Srikant Baldi (Chairperson) and BC Badalia (Member), has penalized the builder with a 13 lakh penalty for advertising and selling the flat without registering it under Section 3 of The Real Estate (Regulation and Development) Act, 2016. Background Facts The complainant filed...

Consumer Protection Act 1986 | Onus Of Proving That Service Was Availed For 'Commercial Purpose' Is On Service Provider : Supreme Court

In an important ruling relating to consumer protection law, the Supreme Court on Friday (May 10) set out the manner in which the consumer fora must decide technical pleas raised by service providers against the maintainability of the consumer complaints on the ground that goods/services were availed by the consumer for the commercial purposes.Affirming the decision of the National...

RERA Cases Monthly Digest: April 2024

Maharashtra Real Estate Appellate TribunalMahaREAT Grants Interest To Homebuyer For Delayed Possession, Rejects Builder's Defense Of Late Approval Of Occupation CertificateCase: Veena Realcon pvt. Ltd. VS Mr. Shivkumar InamdarMaharashtra Real Estate Appellate Tribunal (MahaREAT/Tribunal) bench, comprising of Justice Shri Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji...

Developer's Failure To Fulfill The Contractual Obligation Within The Agreed Timeframe Constitutes A Deficiency Of Service: Delhi State Commission

Delhi State Consumer Disputes Redressal Commission, headed by Justice Sangita Dhingra Sehgal alongside member Ms. Pinaki, held Belgravia Projects liable for deficiency in service over delay in possession of the purchased property. Brief Facts of the Case The complainant booked a flat in the ' Brave Hearts' project by the Belgravia Projects/developer, located in...

Owners Not Entitled To Claim Insurance Amount Under Private Vehicle Policy For Vehicles Registered As Commercial Vehicles: Bihar State Commission

The State Consumer Disputes Redressal Commission, Bihar bench comprising Ms Geeta Verma (Presiding Member) and Md. Shamim Akhtar (Judicial Member) allowed an appeal filed by Bajaj Allianz General Insurance Company. The State Commission held that it rightfully repudiated a vehicle claim because the vehicle's owner failed to disclose that the vehicle was registered as a commercial vehicle,...

Consumer Cases Weekly Round-Up: 29th April To 5th May 2024

National Consumer Disputes Redressal Commission Section 24 A Aims To Uphold The Consumer Protection Act 1986, Ensuring Its Effectiveness By Preventing Prolonged Litigation In Consumer Fora: NCDRC Case Title: Sunita Kumar Vs. St. Stephen's Hospital The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker(member), held that...