RERA Cases Quarterly Digest 2024

Ministry of Housing and Urban Affairs (MOHUA) The Ministry Of Housing And Urban Affairs Releases Report On The Implementation Status Of The Real Estate (Regulation & Development) Act The Ministry of Housing and Urban Affairs (MOHUA) has released the implementation status report of the Real Estate (Regulation & Development) Act, 2016, commonly known as RERA, in India. This legislation, which came into effect on May 1, 2017, aims to protect homebuyers and promote investments in the real estate industry by establishing a Real Estate Regulatory Authority (RERA) in each state for the regulation of the real estate sector and acting as an adjudicating body for speedy dispute resolution. Karnataka High Court Karnataka HC Directs State Government To Appoint Chairperson And Members To Karnataka Real Estate Appellate Tribunal Case: Sri Mathew Thomas V/S State of Karnataka The Karnataka High Court bench comprising of Justice M. Nagaprasanna has directed the State government of Karnataka to expeditiously appoint chairperson and members to Karnataka Real Estate Appellate Tribunal (REAT), which has become non-functional due to these vacant posts. Bombay High Court Bombay High Court: Co-Promoters Are Also Liable To Pay Refund With Interest To Allottees In Case Of Delay Under Section 18 Of The RERA. Case: Wadhwa Group Housing Private Ltd V/s. Mr. Vijay Choksi and SSS Escatics Pvt. Ltd The Bombay High Court bench, comprising of Justice Sandeep V. Marne, has held that promoters who are part of a real estate project but haven't received any consideration from the allottee will still be classified as “Promoters” under Section 2(zk). Consequently, they will be liable to refund the amount with interest to the allottees under Section 18 of the Real Estate (Regulation and Development) Act, 2016. Maharashtra Real Estate Regulatory Authority (MahaRERA) MahaRERA Becomes The First Regulatory Authority To Release Guidelines For Retirement Housing Projects The Maharashtra Real Estate Regulatory Authority (MahaRERA) took a significant step forward by unveiling draft model guidelines to meet the unique requirements of senior citizen housing projects. This makes MahaRERA the first housing regulatory body in India to formalize regulations specifically for retirement housing projects. Previously, the Ministry of Housing and Urban Affairs (MoHUA) had issued model guidelines, urging state regulators to implement appropriate regulations. Responding to this directive, MahaRERA has formulated this framework for Maharashtra. Haryana Real Estate Regulatory Authority HRERA Affirms Allottee's Right To Refund In Case Of Delayed Possession, Orders Manglam Multiplex To Refund Earnest Money To Buyers The Haryana Real Estate Regulatory Authority, Gurugram bench comprising of Ashok Sangwan (Member) held Manglam Multiplex Private Limited liable for forfeiture of earnest money paid by the Complainants after the Complainants cancelled the booking for a unit in Section 65 of Gurugram. The bench directed it to refund the earnest money paid by the Complainant and reiterated the allottee's unequivocal and absolute right to seek a refund if the promoter fails to deliver possession within the stipulated time. Tamil Nadu Real Estate Appellate Tribunal TNREAT Orders Hiranandani Realtors To Register The Entire Township Project Under RERA As One Unit Case Title: M/Hiranandani Realtors Private Limited vs Hiranandani Amalfi Owners Association The Tamil Nadu Real Estate Appellate Tribunal (Tribunal) bench, comprising of Justice M. Duraiswamy (Chairperson) and R. Padmanabhan (Judicial Member), has ordered Hiranandani Realtors to register the entire Township project, which includes many high-rise buildings, under The Real Estate Regulatory Authority (RERA) as one unit. Furthermore, Tribunal has also ordered Hiranandani Realtors to return 70% of the total corpus fund and all documents related to the township project to the allottees association. Maharashtra Real Estate Appellate Tribunal MahaREAT Orders Larsen And Toubro (L&T) To Pay Interest For The Delayed Possession To The Homebuyer Maharashtra Real Estate Appellate Tribunal (Tribunal) bench, comprising of Justice Shri Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Technical Member), has ordered L & T Parel project LLP to pay interest to the allottee for the delayed possession of the flat, which the allottee booked in the L & T Crescent Bay Project Parel, Mumbai. Maharashtra Real Estate Appellate Tribunal (MahaREAT/Tribunal) MahaREAT – If Homebuyer Has Provided Written Undertaking Confirming Resolution Of All Grievances, They Cannot Withdraw From It Maharashtra Real Estate Appellate Tribunal (MahaREAT/Tribunal) bench, comprising of Justice Shri Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Technical Member), has held that If a...

RERA Cases Quarterly Digest 2024

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RERA Cases Quarterly Digest 2024

Apoorva Pandita

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