Real Estate Weekly Round Up: 30th December 2024- 5th January 2025

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. 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). MahaREAT - Society That Owns Land On Which It Is Established and Authorizes Developer For Redevelopment Falls Under Definition Of Promoter 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. Haryana RERA Directs Ocean Seven Buildtech To Pay Interest To Seven Homebuyers For Delayed Possession 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. National Consumer Disputes Redressal Commission NCDRC Holds Experion Developers Liable For Deficiency In Service Case Title: Mitesh Bhalla & Anr. Vs. Experion Developers Pvt. Ltd. Case Number: C.C. No. 326/2019 The National Consumer Disputes Redressal Commission, presided by Justice Sudip Ahluwalia held Experion Developers liable for deficiency in service and stated that forfeiture of more than 10% of the basic sale price by the developer is unreasonable. Delhi State Commission Complainant Not Bound To Accept Possession After Unreasonable Delay: Delhi State Commission Holds Raheja Developers Liable Case Title: Mr. Hans Sachdev Vs. M/S Raheja Developers Pvt. Ltd. Case Number: C.C. No. 77/2021 The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal and Ms. Pinki held Raheja Developers liable for deficiency in service and ruled that buyers are not bound to accept the possession after unreasonable delay by the builder. Failure To Deliver Documents And Cancellation Of Allotment: Delhi State Commission Holds Essel Housing Liable For Deficiency In Service Case Title: Mr. Rakesh Prasad Singh & Anr. Vs. M/S Essel Projects Pvt. Ltd. Case Number: F.A. No. 992/2014 The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal and Ms. Pinki held that builders have a duty to assist buyers and failure to deliver requisite documents amounts to deficiency in service.

Real Estate Weekly Round Up: 30th December 2024- 5th January 2025

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