REAL ESTATE WEEKLY ROUND UP: NOVEMBER 25 – DECEMBER 1

MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY Maharashtra RERA Holds Spenta Enclave Liable For Delay, Orders Interest To Homebuyers Case – Anil Kishinchand Rajani & Anr Versus Spenta Enclave Pvt. Ltd A/W 1 other Citation – Complaint No. CC006000000193129 A/W 1 other While allowing the complaints of Two homebuyers, Maharashtra Real Estate Regulatory Authority (Authority) bench comprising of Manoj Saunik (Chairperson) directed Spenta Enclave to pay interest to the homebuyers for the delay in handing over possession of the flat. Maharashtra RERA Directs Godrej Properties To Refund Booking Amount Paid By Homebuyer Case – Sofia Bernard Swamy Versus Godrej Properties Limited & anr Citation – Complaint No. CC005000000106820 Maharashtra Real Estate Regulatory Authority (Authority) bench comprising Mahesh Pathak (Member – I) has directed Godrej Properties Limited.to refund the amount paid by the homebuyer after deducting 2% of the total consideration. Due to personal reasons the homebuyer failed to pay the consideration for the flat she purchased. Consequently, the builder forfeited the amount prompting the homebuyer to approach the authority. Maharashtra RERA Directs Pune Housing And Area Development Board To Rectify Structural Defects In The Project Case – Sharad Agrawal Versus Pune House & Area Development Board, MHADA Citation – Complaint No. CC005000000106546 Maharashtra Real Estate Regulatory Authority (Authority) bench comprising Mahesh Pathak (Member) has directed the Pune Housing and Area Development Board (PHADB) to rectify the structural defects in the project within 30 days. HARYANA REAL ESTATE REGULATORY AUTHORITY Haryana RERA Holds AKME Projects Liable For Over 10 Years Of Delay In Manesar Project, Orders Refund To Homebuyer Case – Preeti Yadav & anr Vs. M/s AKME Projects Limited Citation – Complaint no: 4246 of 2023 Haryana Real Estate Regulatory Authority (Authority) bench comprising Ashok Sangwan (Member) has directed M/s AKME Projects Ltd to refund the homebuyer due to a delay of over 10 years in handing over possession. The homebuyer was expected to receive possession of the flat by 18 May 2014. However, authority found that as of 2024 the builder has still not obtained the occupation certificate from the relevant authority. Haryana RERA Orders Ansal Housing To Pay Interest For Delay And Provide Possession Offer To Homebuyer Within Two Months Case – Shri. Sohan Lal Kainth Versus M/s Ansal Housing and Constructions Limited & anr Citation – Complaint No. 638 of 2024 Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member) has directed M/s Ansal Housing and Constructions Limited to pay interest and provide offer of possession to homebuyer within 2 months. The homebuyer who booked a flat in 2011 expected possession by November 2015. However, due to the builder's failure to deliver the flat on time, the homebuyer approached the authority. MAHARASHTRA REAL ESTATE APPELLATE TRIBUNAL MahaREAT - Escalation Costs Are Only Permissible From Execution Of Agreement Until Due Date Of Possession Case Title: Chandrakant N. Shendkar & Anr. Versus Shri Sati Builders and Developers Pvt. Ltd. Along with 2 others Citation: Appeal Nos.AT0060000000053734, 93909 and 133986 While holding the builder notice demanding further payment from homebuyers on the grounds of escalation in the cost of building materials unlawful, Maharashtra Real Estate Appellate Tribunal (Tribunal) comprising Justice Shriram R. Jagtap (Judicial Member) and Shrikant M. Deshpande (Technical Member) ruled that escalation costs are only permissible from the execution of the sale agreement until the due date of possession. NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION Withholding Deposit Without Any Prospect Of Delivering Possession: NCDRC Holds Realtech Development Liable For Deficiency In Service Case Title: Vivek Gulati Vs. Realtech Developments And Infrastructure(India) Pvt. Ltd. Case Number: C.C. No. 1434/2018 The National Consumer Disputes Redressal Commission, presided by Justice Karuna Nand Bajpayee and Dr. Sadhna Shanker, held that withholding the buyer's deposit amount beyond the estimated date without any prospect for delivering the possession amounts as deficiency in service. NCDRC Holds Rajasthan Housing Board Liable For Deficiency In Service For Arbitrary Cancelling Booking Case Title: Rajasthan Housing Board Vs. Lata Chaudhary Case Number: R. P. No. 733/2018 The National Consumer Disputes Redressal Commission, presided by Justice Sudip Ahluwalia and Mr. Rohit Kumar Singh, held that raising demand for additional amounts and arbitrary cancelling of the booked flat amounts as deficiency in service. Buyer Cannot Be Made To Wait Indefinitely For Possession : NCDRC Holds Lodha Construction Liable For Deficiency In Service ...

REAL ESTATE WEEKLY ROUND UP: NOVEMBER 25 – DECEMBER 1

Aryan Raj

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