RERA Weekly Round Up – 27 May To 2 June 2024

Maharashtra Real Estate Appellate Tribunal MahaREAT Refuses To Adjudicate Homebuyer's Appeal Due To Ongoing Injunction Issued By Pune Civil Court Case – Kunal Kashyap & another Versus M/S Atul Enterprises The bench of the Maharashtra Real Estate Appellate Tribunal ('Tribunal'), comprising Justice Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Technical Member), refuses to adjudicate the homebuyer's appeal concerning registration of a real estate project due to the ongoing injunction issued by the Pune Civil Court prohibiting the builder from doing any construction on the existing building. MahaREAT Orders Builder To Pay Interest To Homebuyer For Delay In Providing Possession Case – Adv. Mr. Prashant M. Sane Versus M/s. vital Developers Private Ltd and another The bench of the Maharashtra Real Estate Appellate Tribunal ('Tribunal'), comprising Justice Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Technical Member), has directed the builder to pay interest to the homebuyer for the delay in providing possession of the flat. As per the agreement for sale, the builder was supposed to hand over possession of the flat by 31st March 2019. Haryana Real Estate Regulatory Authority Increasing Super Built Up Area Without Prior Permission Of Complainant Is Bad In Eyes Of Law Case – Sohan Lal Swamy Versus Rajdarbar Assets Limited Haryana Real Estate Regulatory Authority (Authority) bench, comprising Justice Ashok Sangwan (Member), has held that a builder increasing the super built-up area of a booked flat from 707 sq. ft. to 874.09 sq. ft. without any prior permission from the complainant is bad in the eyes of law. Accordingly, the Authority has quashed the builder's demand letter requesting additional payment from the complainant due to the increase in super built-up area. Haryana RERA Orders Refund To Homebuyer After Builder's Failure To Hand Over Possession Even After Delay Of Seven Years Case – Dr. Vivek Mahendru S/o Devi Dass Mahendru (Through SPA holder Vijay Kapur) Versus M/s Raheja Developers Limited Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed the builder to refund the amount paid by the homebuyer to purchase a flat, after the builder failed to hand over possession even after a delay of seven years and six months. Haryana RERA Orders Builder To Pay Interest To Homebuyer For Delay Of Over Four Years In Handing Over Possession Case – Pranshu Dutt & another Versus M/s Raheja Developers Limited Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed the builder to compensate homebuyers for a delay of over 4.1 years in handing over possession of the flat, whose due date for possession was April 6, 2020. Builder Failed To Hand Over Possession Even After Delay Of 11 Years, Haryana RERA Orders Refund To Homebuyer With Interest Haryana Real Estate Regulatory Authority (Authority), Panchkula bench, comprising of Dr. Geeta Rathee Singh (Member) and Chander Shekhar (Member), has directed the builder to refund the amount paid by the homebuyer to purchase a flat with 10.85% interest, after the builder failed to hand over possession even after a delay of eleven years. Rajasthan Real Estate Regulatory Authority Rajasthan RERA Refuses Refund To Homebuyer In Completed Project, Orders Interest For Delay Instead Case – Ashish Yadav Versus Cosmos Infra Engineering India Pvt. Ltd Rajasthan Real Estate Regulatory Authority (Authority) Bench, comprising Veenu Gupta (Chairperson), refused to grant refund to homebuyer in a completed real estate project, citing potential adverse effects on the project. However, the Authority directed the builder to pay interest to the homebuyer for the delay instead. Karnataka Real Estate Regulatory Authority Karnataka RERA Orders Builder To Pay 48 Lakh Rupees To Homebuyer As Interest For Delay In Handing Over Possession Case – K Vimalkumar Versus ND Developers Private Limited and others Karnataka Real Estate Regulatory Authority (Authority) bench, comprising GR Reddy (Member), has directed the builder to pay forty-eight lakh rupees to the homebuyer as interest for the delay in handing over possession of the flat. As per the agreement, the builder was supposed to hand over possession by March 2019. Uttar Pradesh Real Estate Regulatory Authority UP RERA Issues Public Notice For Builders To Attend Online Hearing Of 28 Complaints Uttar Pradesh Real Estate Regulatory Authority (UP RERA) has issued a public notice in newspapers, directing builders from various districts of the state to attend and present their case in the online hearing of 28 complaints scheduled on different dates in the upcoming month. UP RERA's public notice serves as a final reminder for builders who have repeatedly missed their scheduled hearings

RERA Weekly Round Up – 27 May To 2 June 2024

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