RERA CASES MONTHLY DIGEST – OCTOBER, 2024

Haryana Real Estate Regulatory Authority Haryana RERA Upholds Cancellation Of Flat's Booking, Orders Ireo Grace To Refund After Deducting 10% Of Total Sales Price Case – Anuj Agrawal & anr Versus M/s Ireo Grace Realtech Private Limited Citation - Complaint No. 5387 of 2022 Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member),...

Rajasthan REAT Directs Air Force Naval Housing Board To Pay Interest To Homebuyers

Rajasthan Real Estate Appellate Tribunal (Tribunal), comprising Yudhisthir Sharma (Judicial Member), has directed the Air Force Naval Housing Board to pay interest to homebuyers in accordance with the RERA rules, which stipulate an interest rate of SBI MCLR + 2%. This decision comes after the Rajasthan Real Estate Regulatory Authority (Authority) had previously ordered only 3% interest...

MahaREAT – Possession Date Extension Invalid Despite Meeting Attendance And Continued Payments

Maharashtra Real Estate Appellate Tribunal (Tribunal) bench, comprising Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Technical Member), has held that builder cannot change the possession date of the flat on the grounds that the homebuyer attended a meeting discussing the possession date extension and continued to pay installments after the possession date...

Haryana RERA Orders Refund To Homebuyer Of Mahira Homes - 104 Following Revocation Of Project's Registration

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), directed M/s Czar Buildwell Pvt. Ltd, to refund the amount paid by the homebuyer of Mahira Homes 104 along with interest following the revocation of the project's registration. On 11 March 2024, authority revoked the registration of five projects of the builder which include Mahira Homes...

MahaRERA Directs Godrej Properties To Refund Senior Citizen Who Canceled Their Booking Within One Month

Maharashtra Real Estate Regulatory Authority (Authority) bench, comprising Ravindra Deshpande (Member – II), has directed Godrej Properties to refund Rs. 15 lakhs to a senior citizen who cancelled their booking within one month due to a family emergency. However, Authority refused to provide interest over the paid up amount. Background Facts On 24.04.2017, Homebuyer...

Whether CIDCO Falls Under Definition Of Promoter For Town Development Activities? MahaREAT Answers

Maharashtra Real Estate Appellate Tribunal (Tribunal) bench, comprising Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Technical Member), has held that the City and Industrial Development Corporation of Maharashtra Ltd. (CIDCO), which is a fully owned undertaking of the Government of Maharashtra and functions as a special planning authority for the development of new towns,...

Delay Of More Than 12 Years In Providing Possession Of Apartment, Rajasthan RERA Directs Sahara Prime City To Refund

Rajasthan Real Estate Regulatory Authority (Authority) Bench, comprising Sudhir Kumar Sharma (Member), has directed Sahara Prime City Limited, the builder, to refund the amount paid by the homebuyer along with interest. The homebuyer was allotted an apartment in August, 2009 and was expecting possession by October, 2012. Background Facts The homebuyer (Complainant) booked...

Builder Cannot Forfeit Amount In Absence Of Agreement With Forfeiture Clause, Telangana RERA Orders Full Refund To Homebuyer

While directing the builder to refund the full amount paid by the homebuyer for the purchase the flat, Telangana Real Estate Regulatory Authority (Authority) bench, comprising Dr. N. Satyanarayana (Chairperson), K. Srinivasa Rao (Member), and Laxmi Narayana Jannu (Member), held that forfeiture is only applicable when a formal agreement with a forfeiture clause has been executed between...

RERA Cases Quarterly Digest [July - September 2024]

Karnataka Real Estate Regulatory Authority 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,...

MahaRERA Issues Order on Project Registration Eligibility and Real Estate Agent Fee Clause in Agreements for Sale

Maharashtra Real Estate Regulatory Authority (Authority) has issued an order on 22nd October related to the eligibility criteria for project registration and the inclusion of real estate agent fee clauses in agreements for sale and Sale deeds. No registration required for exempted Projects Section 3(2) of the Real Estate (Regulation & Development) Act, 2016 specifies projects...

Haryana RERA Holds Ramprastha Promoters Liable For Delay Of Over 5 Years, Orders Interest To Homebuyer

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Vijay Kumar Goyal (Member), has directed M/s Ramprastha promoters & Developers Pvt. Ltd to pay interest to the homebuyer for the delay in handing over possession. The builder was supposed to deliver possession of the flat in February 2018, but the homebuyer received the offer of possession only in April 2023....

Haryana RERA Orders Raheja Developers To Pay Interest To Homebuyer For Delayed Possession

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Vijay Kumar Goyal (Member), has directed M/s Raheja Developers Limited, to pay interest to the homebuyer for the delay in handing over possession. Additionally, the Authority also held that the terms of agreement including Possession terms are biased in favor of the builder. Background...