RERA Cases Weekly Round Up: September 9 to September 15

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 (Technical Member), holds Maharashtra Real Estate Regulatory Authority (Authority) dismissal of the homebuyer's complaint incorrect and directed the builder to refund ₹4.5 lakh received for the issuance of No Objection Certificate (NOC) for transfer of the flat to a third party purchaser. MahaREAT Dismisses Homebuyer's Application For Condonation Of 298-Day Delay In Filing Appeal Case - Mr. Hyder Esmailjee Lakdawala & anr Versus Sankalp Developers & Projects Consultant & others Maharashtra Real Estate Appellate Tribunal (Tribunal) Bench, comprising SS Shinde (Chairperson) and Dr. K. Shivaji (Technical Member), has dismissed the homebuyer's application for condonation of a 298-day delay in filing the appeal before the Tribunal. The homebuyer appealed the Maharashtra Real Estate Regulatory Authority (Authority) order dated October 27, 2021. According to Section 44(2) of the Real Estate (Regulation and Development) Act, 2016, the homebuyer had 60 days from the date of receiving a copy of the order to file an appeal before the tribunal Karnataka Real Estate Regulatory Authority Karnataka RERA Directs Mantri Developers To Pay 42 Lakh Rupees To Homebuyer As Interest For Delayed Possession Case – Mrs. Shruti Gautam Versus M/S Mantri Developers Pvt Ltd Karnataka Real Estate Regulatory Authority (Authority) bench, comprising GR Reddy (Member), has directed Mantri Developers, the builder, to pay 42.87 lakh rupees to the homebuyer as interest for the delay in handing over possession of the flat. According to the agreement, the builder was supposed to hand over possession by March 2017. Himachal Real Estate Regulatory Authority Himachal RERA Directs Ahlawat Developers To Execute Sale Deed In Favor Of Homebuyer Within 2 Months Case – Sita Devi & anr Versus M/s Ahlawat Developer and Promoters Himachal Real Estate Regulatory Authority (Authority), bench comprising Dr. Srikant Baldi (Chairperson), has directed Ahlawat Developers and Promoters to refund the amount paid by the homebuyer with interest if the builder fails to execute the sale deed in favor of the non-Himachali homebuyer within two months. Haryana Real Estate Regulatory Authority Complaint Filed After 5 Years From Cause Of Action, Haryana RERA Dismisses Homebuyer's Complaint Against Emaar Case – Mrs. Neeru Bhatia Versus M/s Emaar MGF Land Ltd. While dismissing the homebuyer's complaint filed after a delay of 5 years from the date the cause of action arose, the Haryana Real Estate Regulatory Authority (Authority), bench comprising Ashok Sangwan (Member), held that three years is a reasonable time frame for filing complaint under normal circumstances. Haryana RERA Directs Ninaniya Estates To Pay Interest And Assured Returns To Complainant Case – Gunita Singh V/s Ninaniya Estates Ltd. A/W another Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed Ninaniya Estates Ltd, the builder, to pay interest and assured returns to the complainant who had booked a retail shop and was expecting possession by 16.11.2021. Earlier in 2012, the complainant had booked a suite in the builder's project named Prism Executive Suites. However, in 2017, the complainant exchanged the suite for a retail shop in the builder's other project named Prism Portico. Haryana RERA Directs Pareena Infrastructures To Refund Homebuyer's Money, After Deducting 10% As Earnest Money Case – Rajesh Ahuja Versus M/s Pareena Infrastructures Pvt Ltd Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed M/s Pareena Infrastructures Pvt Ltd, the builder, to refund the amount paid by the homebuyer, after deducting 10% of the total cost of the flat as earnest money. The complaint was filed by the homebuyer after the builder forfeited the paid-up amount due to the cancellation of the flat booking, following the homebuyer's failure to make timely payments. Haryana RERA Directs Parsvnath Developers To Pay Delay Interest And Execute Conveyance Deed In Favour Of Homebuyer Case – Ram Niwas Rathee Versus Parsvnath Developers Limited & anr Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed Parsvnath Developers Limited, the builder, to pay delay interest and execute the conveyance deed in the favour of homebuyer. As per the agreement the builder was supposed to handover possession to the homebuyer by April 2011. A conveyance deed is a legal...

RERA Cases Weekly Round Up: September 9 to September 15

Aryan Raj

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