TNRERA – Person Involved In Joint Venture Agreement Arrangement With Developer Is Not Homebuyer

While dismissing the Complaint, Tamil Nadu Real Estate Regulatory Authority (TNRERA) bench Comprising of TMT N. Uma Maheshwari (Adjudicating Officer), observed that Person involved in the Joint Venture agreement with developer is not a Homebuyer. The Complainant who claimed himself as Homebuyer filed complaint before the authority seeking damages and...

Complaints Regarding Goods Bought For Livelihood Cannot Be Dismissed Without Evaluation: NCDRC

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and AVM. J. Rajendra held that complaints about goods bought for livelihood cannot be dismissed without proper examination and that no rigid formula should be applied to determine commercial purpose. Brief Facts of the Case The complainant purchased a Poclain (L&T Komatsu) Hydraulic Excavator...

Delay Of 18 Years In Handing Over Possession Of Plot, Haryana RERA Directs Ramprastha Promoters To Pay Interest

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed M/s Ramprastha promoters & Developers Pvt. Ltd, the builder, to pay interest on the amount paid by the Complainant to purchase that plot after failing to hand over possession even after the delay of eighteen Years. Background Facts The complainant booked a 300 sq. ft....

MahaRERA Directs Tata Housing To Refund Homebuyer's Money After Deducting 2% Of Total Consideration

Maharashtra Real Estate Regulatory Authority (Authority) bench, comprising Mahesh Pathak (Member – I), has directed Tata Housing Development Company Ltd, the builder to refund the amount paid by homebuyer after deducting 2% of the total consideration. Background Fact The homebuyer (Complainant) booked a flat in the builder's (Respondent) project named Amantra Phase 2...

Bank Cannot Be Held Liable For Lapse In Coverage Unless Explicitly Agreed: NCDRC

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that the borrower is responsible for insuring their goods, and the bank is not liable for any gaps in coverage unless it had specifically agreed to handle that responsibility. Brief Facts of the Case The complainant, running a business of quilts and foams, took a...

MahaREAT – Builder Cannot Forfeit Homebuyer's Money Without Establishing Loss Due to Cancellation of Flat

While setting aside the order of the Maharashtra Real Estate Regulatory Authority (Authority), the bench of the Maharashtra Real Estate Appellate Tribunal (Tribunal), comprising Justice Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Technical Member), has held that the builder cannot forfeit the money of the homebuyer when the booking is canceled by either the homebuyer or...

Parties Cannot Claim Compensation Twice For Same Incident: NCDRC

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that parties have alternate remedies available to them but they cannot claim compensation for the same incident twice. Brief Facts of the Case The complainant was travelling on a reserved berth when several unidentified persons boarded the train, attempted to snatch...

Delhi State Commission Holds TDI Infrastructure Liable For Failure To Deliver Possession Of Flat Within Stipulated Time

The State Consumer Disputes Redressal Commission, Delhi bench of Justice Sangita Dhingra Sehgal (President) and Ms Pinki (Judicial Member) held 'TDI Infrastructure Ltd.' liable for deficiency in service for its failure to deliver the possession of a booked plot within the stipulated deadline. Brief Facts: The Complainant was allotted a plot in the project developed by...

MahaREAT Directs Neelkanth Constructions To Pay Interest, Execute Conveyance Deed In Favour Of Homebuyers

Maharashtra Real Estate Appellate Tribunal (Tribunal), comprising Justice Shriram R. Jagtap (Judicial Member) and Shrikant M Deshpande (Technical Member), has directed M/s. Neelkanth Constructions, the builder to pay interest for delayed possession and Execute conveyance deed in the favour of Homebuyers. Tribunal also held that Homebuyer association cannot be formed till Builder...

Unreasonable To Force Buyer To Wait For Possession After Delay Of 7 Years: NCDRC

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that it is unreasonable to make a buyer wait for possession after a delay of 7 years, making a refund with interest justified. Brief Facts of the Case The Purab Premium Apartment project (Group Housing) with 4500 flats was launched by the Greater Mohali Area...

Haryana RERA Issues Reference To P&H HC For Initiation Of Contempt Proceedings Against DCP(HQ) For Non-Arrest Of Directors Of Vatika Limited

Haryana Real Estate Regulatory Authority, Gurugram, Adjudicating Officer has issued reference to Punjab and Haryana High Court for Initiation of Contempt of Court Proceedings against Deputy Commissioner of Police (DCP) Headquarters, Gurugram in a case titled as Gurdeep Singh Guglani v Vatika Limited (RERAGRG Ex. No. 8096 of 2022) for Non-Arrest of Directors of M/s Vatika Limited...

RERA Cases Monthly Digest: September, 2024

Maharashtra Real Estate Appellate Tribunal MahaREAT Finds MahaRERA's Dismissal Of Homebuyer's Complaint Incorrect, Directs Builder To Refund ₹4.5 Lakh Case – Mr. Jaikishan Udhav Lakhwani & anr Versus M/s. Kanakia Spaces Realty Private Limited Maharashtra Real Estate Appellate Tribunal (Tribunal) bench, comprising Shriram R. Jagtap (Judicial Member) and Dr. K Shivaji...