RERA Cases Monthly Digest: April 2024

Maharashtra Real Estate Appellate TribunalMahaREAT Grants Interest To Homebuyer For Delayed Possession, Rejects Builder's Defense Of Late Approval Of Occupation CertificateCase: Veena Realcon pvt. Ltd. VS Mr. Shivkumar InamdarMaharashtra Real Estate Appellate Tribunal (MahaREAT/Tribunal) bench, comprising of Justice Shri Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Technical Member), has granted interest to homebuyer for delayed possession by rejecting the builder's contention of late approval of Occupation Certificate due to internal disputes between Maharashtra Housing and Development Authority (MHADA) and Municipal Corporation of Greater Mumbai (MCGM) regarding the issuance of approvals.MahaREAT: Mere Non-Execution Of Agreement For Sale Does Not Bar Homebuyers From Invoking Section 18 Of RERACase: Kakad Housing Corporation VS Rajkumari Singh and anotherMaharashtra 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 the mere non-execution of the Agreement for Sale does not preclude homebuyers from invoking Section 18 of RERA, which confers an unqualified right upon the homebuyer to get refund of amount with interest if builder fails to complete the project or is unable to give possession of the flat on agreed timeline.MahaREAT: Demanding Further Payment After Receiving More Than 20% Of The Flat Price For Executing Sale Agreement Is IllegalCase: Kakad Housing Corporation VS Rajkumari Singh and anotherMaharashtra 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 demanding additional payment from homebuyers after receiving over 20% of the flat price for executing the agreement for sale is illegal. Consequently, the MahaREAT held the builder's termination of the letter of intent upon the homebuyers' failure to make the demanded payment as illegal.Maharashtra Real Estate Regulatory AuthorityMahaRERA Appoints Chandak Realtors As New Promoter Of Anantya After Former Promoter Failed To Implement ProjectThe Maharashtra Real Estate Regulatory Authority (MahaRERA) bench, comprising of Ajoy Mehta (Chairperson), Mahesh Pathak (Member) and Ravindra (Member), has appoints Chandak Realtors Private Limited as the new Promoter of the Anantya 1A & 1B Project located in Kurla after the former promoter failed to implement the Slum Rehabilitation Authority (SRA) Scheme for the redevelopment of three societies.MahaRERA: A Real Estate Project Cannot Have Two Or Multiple Registration NumbersThe Maharashtra Real Estate Regulatory Authority (MahaRERA) bench, comprising of Ajoy Mehta (Chairperson), and Mahesh Pathak (Member), has held that as per Section 5(1)(a) of The Real Estate (Regulation and Development) Act, 2016, a real estate project cannot have two or multiple registration numbers.Karnataka Real Estate Regulatory AuthorityHomebuyer Paid Booking Price On Spot Without Reading Terms Of Document, Karnataka RERA Orders Full RefundCase: MN Anudeep and Madhura MS Nilayam Vs Suvilas Realities Private Ltd.The Karnataka Real Estate Regulatory Authority (KRERA) bench, comprising of Justice Neelmani N Raju (Member), has directed the builder to fully refund the booking price of Rs. 1 Lakh paid by the homebuyer on the spot after the request of the sales executive to book two flats, without reading the terms of the document.Karnataka RERA Grants Homebuyer Permission To Withdraw From Project Due To Delayed PossessionCase: Anupkumar Shetty VS M/S Ozone Realtors Pvt. Ltd.Karnataka Real Estate Regulatory Authority (KRERA/Authority) bench, comprising Justice Neelmani N Raju (Member), has granted the Homebuyer right to withdraw from the real estate project following several years of delayed possession. Subsequently, the Authority directed the builder to refund the entire amount paid by the homebuyer, along with interest.Uttar Pradesh Real Estate Regulatory AuthorityUPRERA Releases New Standard Operating Procedure For Registration Of Real Estate AgentsUttar Pradesh Real Estate Regulatory Authority (UPRERA) has released a new Standard Operating Procedure (SOP) for Registration of Real Estate Agents. This SOP has been released in accordance with Section 9 of the Real Estate (Regulation and Development) Act, 2016, which stipulates provisions for the registration of real estate agents, and Section 10, which stipulates provisions related to the functions of real estate agents.Punjab Real Estate Regulatory AuthorityPunjab RERA Orders Compensation For Homebuyers After Project Site Was Declared As Protected MonumentCase: Jaswinder Singh & another Vs Estate Officer, Patiala Urban Planning and Development Authority, Urban Estate-II, PatialaPunjab Real Estate Regulatory Authority (RERA/Authority) bench consisting of Justice Balbir Singh (Adjudicating Officer), has directed the builder to pay...

RERA Cases Monthly Digest: April 2024

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RERA Cases Monthly Digest: April 2024

Aryan Raj

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