Real Estate Weekly Round Up:[16 th December – 22 nd December 2024]

Haryana Real Estate Regulatory Authority Delay Of More Than 2.7 Years In Completing Construction Of Project, Haryana RERA Orders Raheja Developers To Refund Rs. 27.98 Lakhs To Homebuyer Case – Arun Shrivastava Versus M/S Raheja Developers Limited Citation – Complaint no 4974 of 2023 Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed M/S Raheja Developers Limited to refund ₹27.98 Lakhs with interest to homebuyer who purchased a flat in their Raheja Maheshwara Project. Inordinate Delay Of More Than 10 Years, Haryana RERA Directs Ansal Builders To Refund 1.07 Crores To Homebuyer Case – Sheela Srivastava & others Versus M/s Ansal Housing & Construction Ltd. Citation – Complaint no: 805 of 2023 Haryana Real Estate Regulatory Authority (Authority) bench comprising Ashok Sangwan (Member) has directed M/s Ansal Housing and Constructions Limited to refund Rs. 1.07 crores with 11.10% interest to the homebuyer after facing an inordinate delay of more than 10 years in receiving possession of the flat. Initially, the homebuyer was allotted a flat in 2013. Due to delays the homebuyer's booking was transferred to another project twice, making it a total of three times. According to the final Floor Buyer's Agreement the builder was supposed to hand over possession of the flat by 21st July 2022. Haryana RERA - No Additional Compensation To Homebuyer When Interest For Delayed Possession Already Granted Case – Mr. Raghav Manocha & Abhinav Manocha Versus M/s. Emaar MGF Land Limited Citation – Complaint No: 13 of 2024 Haryana Real Estate Regulatory Authority (Authority) Bench comprising Rajender Kumar (Adjudicating Officer) dismissed the homebuyer's complaint against M/s. Emaar MGF Land Limited seeking additional compensation. Authority held that no additional compensation can be granted to the homebuyer when delay possession compensation has already been granted along with interest under Section 18(1) of the RERA, 2016. Maharashtra Real Estate Regulatory Authority Maharashtra RERA Directs Godrej Skyline Developers To Refund Full Booking Amount Paid By Homebuyer With Interest Case – Ashok Babaji Sable Versus Godrej Skyline Developers Pvt Ltd Citation – Complaint No. CC005000000064485 Maharashtra Real Estate Regulatory Authority (Authority) bench comprising of Ravindra Deshpande (Member-II) directed Godrej Skyline Developers Pvt Ltd to fully refund the booking amount paid by the homebuyer with interest. The bench observed that the allotment letter contained coercive terms and that the booking amount did not fall under the definition of earnest money as per the application form. Haryana Consumer Disputes Redressal Commission Haryana State Commission Holds Ansal Properties Liable For Delay In Possession, Orders Refund And Compensation Case title: Mrs. Neeru Bala Mahendru vs Ansal Properties & Infrastructure Limited & Ors. Case No: Consumer Complaint No.481 of 2018 The State Consumer Disputes Redressal Commission, Haryana presided by Justice T.P.S Mann (President), Mr. S. P. Sood (Judicial Member) and Ms. Manjula (Member) held Ansal Properties & Infrastructure Limited liable for delay in possession of residential plot for several years. Further, the commission ordered refund and compensation for deficiency in service. Ernakulam District Commission Failure To Complete Construction On Time, Ernakulam District Commission Holds Builder Liable Case Title: Karuppuswami Vs. Thodiyil Builders Case Number: C.C. No. 111/2024 The Ernakulam District Commission, presided by Shri. D.B. Binu, Shri. V. Ramachandran and Smt. Sreevidhia T.N., in a complaint against Thodiyil Builders held that delays in handing over the possession and evidence of substandard work amounts to deficiency in service. Telangana Real Estate Regulatory Authority Telangana RERA Permits Association Of Homebuyers To Take Over Project Due To Builder's Failure Case – Abhishek Singh Versus M/s Jayathri Infrastructures India Pvt Ltd.– “Jaya Platinum Project” Along with 12 Others Citation - Complaint No.1269 of 2023 Along with 12 Others While invoking Section 8 of the Real Estate (Regulation and Development) Act, 2016, the Telangana Real Estate Regulatory Authority (Authority) bench comprising Justice Dr. N. Satyanarayana (Chairperson), K. Srinivasa Rao (Member), and Laxmi Narayana Jannu (Member) permitted the Association of Homebuyers (allottees) to take over the project and complete it within eight months. Section 8 allows the Authority to take necessary actions if a project's registration lapses or is revoked. Delhi District Commission District Commission Misapplied Supreme Court's Ruling: Chandigarh State Commission Remands Sahara Prime City Case For Fresh Adjudication Case title: Smt. Neelima Joshi vs. Sahara Group & Ors. Case No: Appeal ...

Real Estate Weekly Round Up:[16 th December – 22 nd December 2024]

Aryan Raj

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