MahaRERA – Being Aware Of Market Conditions, Builders Should Conduct Due Diligence Before Declaring Project's Possession Date
8 months, 1 week ago

MahaRERA – Being Aware Of Market Conditions, Builders Should Conduct Due Diligence Before Declaring Project's Possession Date

Live Law  

While directing the builder to pay interest to the homebuyer for delayed possession, Maharashtra Real Estate Regulatory Authority bench, comprising Ajoy Mehta, held that builders are aware of market conditions, therefore, they are required to conduct due diligence before declaring the possession date. If the builder fails to complete or is unable to give possession of an apartment, plot, or building— in accordance with the terms of the agreement for sale or, as the case may be, duly completed by the date specified therein; or due to discontinuance of his business as a developer on account of suspension or revocation of the registration under this Act or for any other reason, he shall be liable on demand to the homebuyers, in case the allottee wishes to withdraw from the project, without prejudice to any other remedy available, to return the amount received by him in respect of that apartment, plot, building, as the case may be, with interest at such rate as may be prescribed in this behalf including compensation in the manner as provided under this Act: Provided that where an allottee does not intend to withdraw from the project, he shall be paid, by the builder, interest for every month of delay, till the handing over of the possession, at such rate as may be prescribed. The authority observed that builders, being aware of market conditions, are expected to finalize the possession date of the project by conducting thorough due diligence, as Section 18 of RERA, 2016, does not provide any waivers or exceptions to builders. Therefore, the authority directed the builder to pay interest to the homebuyer from the possession date stipulated in the agreement until the date the occupancy certificate is received by the builder.

Date Builder Possession Authority Homebuyer Due Diligence Market Conditions Declaring Project  projects  diligence  declaring  project  builder  maharera  date  agreement  possession  conditions  conduct  interest  sale  builders  authority  market  flat  homebuyer

History of this topic

RERA Comes to Rescue of Flat Buyer in Hyderabad
1 month, 1 week ago

RERA Comes to Rescue of Flat Buyer in Hyderabad

Deccan Chronicle  

Hyderabad: The Telangana State Real Estate Regulatory Authority has directed Parijatha Homes & Developers to complete the construction work and hand over the physical possession of Flat No. The buyer alleged that despite paying the sale price and getting the property registered in his name in April 2021, the builder failed to deliver the physical possession of the flat as …

Supreme Court Annual Digest 2024: Land Laws
1 month, 1 week ago

Supreme Court Annual Digest 2024: Land Laws

Live Law  

LAND LAWS - SUPREME COURT ANNUAL DIGEST 2024 Tamil Nadu Town and Country Planning Act, 1972; Sections 36, 37, and 38 - Acquisition and release of land designated for public purposes - The suit land, originally shown in private ownership in the 1978 and 1981 Layout Plans, was reserved for "public purpose" under the Tamil Nadu Town and Country Planning …

Real Estate Monthly Digest: January 2025
1 month, 1 week ago

Real Estate Monthly Digest: January 2025

Live Law  

Maharashtra Real Estate Appellate Tribunal MahaREAT Imposes Penalty Of Rs. Haryana Real Estate Regulatory Authority Haryana RERA Directs Ansal Builders To Hand Over Possession And Pay Interest For Delay Case – Sanjeev Ganguly & Anr Versus M/s Ansal Townships Infrastructure Private Limited Citation – Complaint No: 7354 of 2022 Haryana Real Estate Regulatory Authority bench, comprising Ashok Sangwan has directed …

NCDRC Directs Builder To Pay Delayed Compensation To Homebuyer Until Occupation Certificate Was Received
1 month, 1 week ago

NCDRC Directs Builder To Pay Delayed Compensation To Homebuyer Until Occupation Certificate Was Received

Live Law  

National Consumer Disputes Redressal Commission bench comprising of Subhash Chandra and AVM J. Rajendra directed builder to pay compensation for the delay to the homebuyer until the date the occupation certificate was received. The homebuyer who took possession in October 2015 filed complaints before the National Commission, claiming delayed compensation from the due date of possession till the date the …

Haryana RERA Orders Emaar MGF To Pay Interest To Homebuyer For Delayed Possession
1 month, 2 weeks ago

Haryana RERA Orders Emaar MGF To Pay Interest To Homebuyer For Delayed Possession

Live Law  

Haryana Real Estate Regulatory Authority bench, comprising Vijay Kumar Goyal has directed Emaar MGF Land Limited to pay interest to the homebuyer for the delay in handing over possession. Observation and Direction by Authority The Authority referred to Clause 10 of the buyer's agreement which stated that the builder would hand over possession of the flat within 36 months from …

MahaRERA update: Maharashtra real estate regulator issues guidelines for homebuyers
1 month, 3 weeks ago

MahaRERA update: Maharashtra real estate regulator issues guidelines for homebuyers

Hindustan Times  

The Maharashtra Real Estate Regulatory Authority has issued guidelines on things homebuyers should consider before buying a house. Maharashtra real estate: The Maharashtra Real Estate Regulatory Authority has issued guidelines on things homebuyers should consider before buying a house. MahaRERA said that homebuyers should ensure that the agreement format for sale and allotment letter contains details of parking, facilities, and …

Karnataka RERA Holds Shriram Properties Liable For Delayed Possession, Orders 12.77 Lakhs Interest To Homebuyer
1 month, 3 weeks ago

Karnataka RERA Holds Shriram Properties Liable For Delayed Possession, Orders 12.77 Lakhs Interest To Homebuyer

Live Law  

Karnataka Real Estate Regulatory Authority bench, comprising GR Reddy, has directed Shriram Properties to pay Rs. Observation and Direction by Authority The Authority observed that the due date for possession of the flat was December 31, 2019, but the builder failed to hand over possession by that date and executed the sale deed in favor of the homebuyer on June …

MahaRERA Directs Lucina Land Development To Refund Homebuyer's Money After Deducting 2% Of Total Consideration
1 month, 3 weeks ago

MahaRERA Directs Lucina Land Development To Refund Homebuyer's Money After Deducting 2% Of Total Consideration

Live Law  

Maharashtra Real Estate Regulatory Authority bench, comprising Mahesh Pathak, has directed Lucina Land Development to refund the amount paid by homebuyer without interest after deducting 2% of the total consideration. Feeling aggrieved, the homebuyer filed a complaint before the authority seeking a refund of the amount paid, interest for the delay and compensation for mental and physical harassment. 35/2022 dated …

WBREAT Directs Builder To Pay Interest To Homebuyer For Delayed Possession And Hand Over Flat With Car Parking Space
2 months ago

WBREAT Directs Builder To Pay Interest To Homebuyer For Delayed Possession And Hand Over Flat With Car Parking Space

Live Law  

West Bengal Real Estate Appellate Tribunal, comprising Justice Rabindranath Samanta, Gour Sunder Banerjee and Dr. Subrat Mukherjee has provided relief to a homebuyer who purchased a 1,219 sq. The Tribunal directed the builder to hand over possession of the flat with the car parking space and pay interest to the homebuyer for the delay in possession. Background Facts The homebuyer …

Punjab RERA Holds ATS Estate Liable For Delayed Possession, Orders Refund With Interest To Homebuyer
2 months ago

Punjab RERA Holds ATS Estate Liable For Delayed Possession, Orders Refund With Interest To Homebuyer

Live Law  

Punjab Real Estate Regulatory Authority Bench, Comprising of Binod Kumar Singh directed ATS Estates to refund Rs. Due to the prolonged delay and lack of communication, the homebuyers decided to withdraw from the project and filed a complaint before the authority, seeking a refund of the amount paid along with interest as well as the assured monthly rental of ₹72,000 …

WBREAT Directs Builder To Hand Over Possession Of Flat To Homebuyer And Pay Interest For Delay
2 months, 1 week ago

WBREAT Directs Builder To Hand Over Possession Of Flat To Homebuyer And Pay Interest For Delay

Live Law  

West Bengal Real Estate Appellate Tribunal, comprising Justice Rabindranath Samanta, Gour Sunder Banerjee and Dr. Subrat Mukherjee has directed the builder to hand over possession of the flat after obtaining the completion certificate from the relevant authority and pay interest to the homebuyer for the delay in possession. Background Facts The homebuyer purchased a flat with a car parking space …

Haryana RERA Directs Emaar India To Pay Interest To Homebuyer Of Emerald Hills Floors Project
2 months, 1 week ago

Haryana RERA Directs Emaar India To Pay Interest To Homebuyer Of Emerald Hills Floors Project

Live Law  

Haryana Real Estate Regulatory Authority bench, comprising Vijay Kumar Goyal, has directed M/s Emaar India Ltd to pay interest to homebuyer from its Emerald Hills Floors Project for delayed possession. Background Facts Homebuyer purchased a flat in the builder's project named "Emerald Hills Floors" located in Sector 65, Gurugram through an assignment letter dated June 6, 2018. Observation and Direction …

Haryana RERA Directs Ocean Seven Buildtech To Pay Interest To Seven Homebuyers For Delayed Possession
Trending News
2 months, 2 weeks ago

Haryana RERA Directs Ocean Seven Buildtech To Pay Interest To Seven Homebuyers For Delayed Possession

Live Law  

Haryana Real Estate Regulatory Authority bench comprising Arun Kumar, Ashok Sangwan and Vijay Kumar Goyal has directed Ocean Seven Buildtech to pay interest to the seven homebuyers of the Golf Heights project located at Sector 69, Gurugram for the delay in handing over possession. Background Facts Seven homebuyers purchased flats in the builder's Affordable Housing project named Golf Heights, located …

RERA fines builder for delaying possession
2 months, 2 weeks ago

RERA fines builder for delaying possession

Hindustan Times  

The Real Estate Regulation Authority Punjab has directed Omaxe developers in Chandigarh to pay interest per month for delay in handing possession of a flat. The RERA ruled that it is evident that there is delay of many months which is likely to get further delayed and thus the complainant is entitled to get interest. The complainant sought issuance of …

Haryana RERA Directs Ansal Builders To Hand Over Possession And Pay Interest For Delay
2 months, 2 weeks ago

Haryana RERA Directs Ansal Builders To Hand Over Possession And Pay Interest For Delay

Live Law  

Haryana Real Estate Regulatory Authority bench, comprising Ashok Sangwan has directed M/s Ansal Townships Infrastructure Private Limited to hand over possession within two months after obtaining the occupancy certificate and pay interest to the homebuyer for the delay in handing over possession. Authority noted that although the builder was supposed to hand over possession by 19.11.2017 as per Clause 5.1, …

MahaREAT Imposes Penalty Of Rs. 5 Lakhs On Spenta Builders For Violating Airport Authority Of India Height Restrictions
2 months, 2 weeks ago

MahaREAT Imposes Penalty Of Rs. 5 Lakhs On Spenta Builders For Violating Airport Authority Of India Height Restrictions

Live Law  

Maharashtra Real Estate Appellate Tribunal comprising Justice Shriram R. Jagtap and Shrikant M. Deshpande imposed a penalty of Rs. The homebuyer contended that the builder violated many provisions of the RERA, 2016 by providing different possession dates to homebuyers and delivering possession of the flat to some homebuyers before obtaining the occupancy certificate. Therefore, the homebuyer filed a complaint before …

Annual Digest Of Real Estate Cases: 2024
2 months, 2 weeks ago

Annual Digest Of Real Estate Cases: 2024

Live Law  

Ministry of Housing and Urban Affairs The Ministry Of Housing And Urban Affairs Releases Report On The Implementation Status Of The Real Estate Act The Ministry of Housing and Urban Affairs has released the implementation status report of the Real Estate Act, 2016, commonly known as RERA, in India. Haryana RERA Orders Refund To Homebuyer After Builder's Failure To Hand …

Real Estate Monthly Digest : December 2024
Trending News
2 months, 2 weeks ago

Real Estate Monthly Digest : December 2024

Live Law  

Haryana Real Estate Regulatory Authority Haryana RERA Directs Anant Raj Builders To Pay Interest, Execute Conveyance Deed In Favor Of Homebuyer Case – Mohit Bansal Versus M/s. 27.98 Lakhs To Homebuyer Case – Arun Shrivastava Versus M/S Raheja Developers Limited Citation – Complaint no 4974 of 2023 Haryana Real Estate Regulatory Authority bench, comprising Ashok Sangwan, has directed M/S Raheja …

Real Estate Weekly Round Up: [23rd December – 28th December 2024]
2 months, 2 weeks ago

Real Estate Weekly Round Up: [23rd December – 28th December 2024]

Live Law  

Karnataka Real Estate Regulatory Authority Karnataka RERA Dismisses Real Estate Agent's Complaint Against Godrej Properties, Citing Vindictive Motive Case – Vivek Arjuna Versus Godrej Properties Citation – Complaint No: 00058 /2024 Karnataka Real Estate Regulatory Authority bench comprising of Rakesh Singh, Neelmani N Raju and GR Reddy dismissed the complaint filed by a real estate agent seeking the revocation of …

Real Estate Weekly Round Up:[16 th December – 22 nd December 2024]
2 months, 3 weeks ago

Real Estate Weekly Round Up:[16 th December – 22 nd December 2024]

Live Law  

Haryana Real Estate Regulatory Authority Delay Of More Than 2.7 Years In Completing Construction Of Project, Haryana RERA Orders Raheja Developers To Refund Rs. 27.98 Lakhs To Homebuyer Case – Arun Shrivastava Versus M/S Raheja Developers Limited Citation – Complaint no 4974 of 2023 Haryana Real Estate Regulatory Authority bench, comprising Ashok Sangwan, has directed M/S Raheja Developers Limited to …

Delay Of More Than 2.7 Years In Completing Construction Of Project, Haryana RERA Orders Raheja Developers To Refund Rs. 27.98 Lakhs To Homebuyer
Trending News
2 months, 3 weeks ago

Delay Of More Than 2.7 Years In Completing Construction Of Project, Haryana RERA Orders Raheja Developers To Refund Rs. 27.98 Lakhs To Homebuyer

Live Law  

Haryana Real Estate Regulatory Authority bench, comprising Ashok Sangwan, has directed M/S Raheja Developers Limited to refund ₹27.98 Lakhs with interest to homebuyer who purchased a flat in their Raheja Maheshwara Project. Background Fact The homebuyer booked a flat in the builder's project named Raheja Maheshwara, located at Sector 11 and 14, Sohna, Gurugram by paying Rs. Homebuyer repeatedly contacted …

Maharashtra RERA Directs Godrej Skyline Developers To Refund Full Booking Amount Paid By Homebuyer With Interest
2 months, 3 weeks ago

Maharashtra RERA Directs Godrej Skyline Developers To Refund Full Booking Amount Paid By Homebuyer With Interest

Live Law  

Maharashtra Real Estate Regulatory Authority bench comprising of Ravindra Deshpande directed Godrej Skyline Developers Pvt Ltd to fully refund the booking amount paid by the homebuyer with interest. The bench observed that the allotment letter contained coercive terms and that the booking amount did not fall under the definition of earnest money as per the application form. Feeling aggrieved by …

Inordinate Delay Of More Than 10 Years, Haryana RERA Directs Ansal Builders To Refund 1.07 Crores To Homebuyer
2 months, 3 weeks ago

Inordinate Delay Of More Than 10 Years, Haryana RERA Directs Ansal Builders To Refund 1.07 Crores To Homebuyer

Live Law  

Haryana Real Estate Regulatory Authority bench comprising Ashok Sangwan has directed M/s Ansal Housing and Constructions Limited to refund Rs. 1.07 crores with 11.10% interest to the homebuyer after facing an inordinate delay of more than 10 years in receiving possession of the flat. According to the final Floor Buyer's Agreement the builder was supposed to hand over possession of …

Haryana RERA - No Additional Compensation To Homebuyer When Interest For Delayed Possession Already Granted
Trending News
3 months, 1 week ago

Haryana RERA - No Additional Compensation To Homebuyer When Interest For Delayed Possession Already Granted

Live Law  

Haryana Real Estate Regulatory Authority Bench comprising Rajender Kumar dismissed the homebuyer's complaint against M/s. Authority held that no additional compensation can be granted to the homebuyer when delay possession compensation has already been granted along with interest under Section 18 of the RERA, 2016. Through its order dated December 11, 2018, the authority directed the builder to pay interest …

Karnataka RERA Holds Shrivision Homes Liable For Delayed Possession, Orders 30.2 Lakhs Interest To Homebuyer
3 months, 1 week ago

Karnataka RERA Holds Shrivision Homes Liable For Delayed Possession, Orders 30.2 Lakhs Interest To Homebuyer

Live Law  

Karnataka Real Estate Regulatory Authority bench, comprising GR Reddy, has directed M/S Shrivision Homes Pvt. Background Facts Homebuyer booked a flat in the Tower 5 of builder's project named Shriram Chirping Woods located at Bengaluru Urban District. Observation and Direction by Authority The authority observed that despite entering into a sale and construction agreement to hand over possession of the …

Karnataka RERA Orders Dharwad-Based Builder To Refund ₹38.8 Lakhs To Homebuyer Due To Delay
3 months, 1 week ago

Karnataka RERA Orders Dharwad-Based Builder To Refund ₹38.8 Lakhs To Homebuyer Due To Delay

Live Law  

Karnataka Real Estate Regulatory Authority bench comprising Neelmani N. Raju has directed the Dharwad-based builder named Skytown Builders and Developers to refund ₹38.8 lakhs to the homebuyer after the builder failed to provide possession of the flat on time. Background Facts The homebuyer booked a residential flat on the ground floor in the builder's project named Skytown Luxuria for a …

REAL ESTATE WEEKLY ROUND UP: DECEMBER 2 – DECEMBER 8
3 months, 1 week ago

REAL ESTATE WEEKLY ROUND UP: DECEMBER 2 – DECEMBER 8

Live Law  

Haryana Real Estate Regulatory Authority Haryana RERA Directs Anant Raj Builders To Pay Interest, Execute Conveyance Deed In Favor Of Homebuyer Case – Mohit Bansal Versus M/s. Delhi State Commission Failure To Meet Contractual Obligations: Delhi State Commission Holds TDI Infrastructure Liable For Deficiency In Service Case Title: Mr. Raman Singla Vs. TDI Infrastructure Ltd Case Number: C.C. 875/2018 The …

Telangana RERA Permits Association Of Homebuyers To Take Over Project Due To Builder's Failure
3 months, 1 week ago

Telangana RERA Permits Association Of Homebuyers To Take Over Project Due To Builder's Failure

Live Law  

While invoking Section 8 of the Real Estate Act, 2016, the Telangana Real Estate Regulatory Authority bench comprising Justice Dr. N. Satyanarayana, K. Srinivasa Rao, and Laxmi Narayana Jannu permitted the Association of Homebuyers to take over the project and complete it within eight months. Being Aggrieved, the homebuyers filed a complaint before the authority seeking possession and a direction …

Himachal RERA Rejects Homebuyer's Structural Defect Complaint Filed More Than 10 Years After Taking Possession
3 months, 2 weeks ago

Himachal RERA Rejects Homebuyer's Structural Defect Complaint Filed More Than 10 Years After Taking Possession

Live Law  

Himachal Real Estate Regulatory Authority bench comprising Justice Srikant Baldi rejected homebuyer's structural defect complaint, holding it to be time-barred as it was filed more than 10 years after taking possession. Therefore, the Authority held that the project must be registered under Section 3 of RERA, 2016, which states that a project with a total area exceeding 500 square meters …

REAL ESTATE MONTHLY DIGEST: NOVEMBER 2024
3 months, 2 weeks ago

REAL ESTATE MONTHLY DIGEST: NOVEMBER 2024

Live Law  

HARYANA REAL ESTATE REGULATORY AUTHORITY Haryana RERA Orders Raheja Developers To Pay Interest To Homebuyer For Delayed Possession Case – Dharampal Singh & anr Versus M/s Raheja Developers Limited Citation – Complaint No : 2385 of 2023 Haryana Real Estate Regulatory Authority bench, comprising Vijay Kumar Goyal, has directed M/s Raheja Developers Limited, to pay interest to the homebuyer for …

Haryana RERA Directs Anant Raj Builders To Pay Interest, Execute Conveyance Deed In Favor Of Homebuyer
3 months, 2 weeks ago

Haryana RERA Directs Anant Raj Builders To Pay Interest, Execute Conveyance Deed In Favor Of Homebuyer

Live Law  

Haryana Real Estate Regulatory Authority bench comprising of Ashok Sangwan has directed M/s. Anant Raj Ltd to pay interest for delay and execute conveyance deed in the favour of Homebuyer. Aggrieved by the delay the homebuyer filed a complaint before the authority seeking possession, interest for the delay, a refund of the PLC charges and execution of the conveyance deed …

RERA WEEKLY ROUND UP: NOVEMBER 25 – DECEMBER 1
3 months, 2 weeks ago

RERA WEEKLY ROUND UP: NOVEMBER 25 – DECEMBER 1

Live Law  

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. 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 …

Maharashtra RERA Holds Spenta Enclave Liable For Delay, Orders Interest To Homebuyers
3 months, 2 weeks ago

Maharashtra RERA Holds Spenta Enclave Liable For Delay, Orders Interest To Homebuyers

Live Law  

While allowing the complaints of Two homebuyers, Maharashtra Real Estate Regulatory Authority bench comprising of Manoj Saunik directed Spenta Enclave to pay interest to the homebuyers for the delay in handing over possession of the flat. Background Facts Homebuyers purchased their respective flats in the builder's project named Altavista - Phase 1, located at Kurla, Mumbai Sub Urban. Observation and …

Buyer Cannot Be Made To Wait Indefinitely For Possession : NCDRC Holds Lodha Construction Liable For Deficiency In Service
3 months, 2 weeks ago

Buyer Cannot Be Made To Wait Indefinitely For Possession : NCDRC Holds Lodha Construction Liable For Deficiency In Service

Live Law  

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that making buyers wait indefinitely for possession amounts to deficiency in service. It directed the builder to pay interest on the amount paid by the complainant at 6% per annum from the end of the grace period until the complaint filing and 9% per …

State Must Conclude Land Acquisition Within 'Reasonable Time' After Barring Construction U/S 27 Rajasthan Housing Board Act: High Court
3 months, 2 weeks ago

State Must Conclude Land Acquisition Within 'Reasonable Time' After Barring Construction U/S 27 Rajasthan Housing Board Act: High Court

Live Law  

Rajasthan High Court has ruled that notification under Section 27 of the Rajasthan Housing Board Act, 1970 barring construction on a proposed scheme area affects the right to enjoyment of property of landowners and thus, it cannot be allowed to block the property for an indefinite period. The division bench of Justice Manindra Mohan Shrivastava and Justice Munnuri Laxman held …

MahaREAT - Escalation Costs Are Only Permissible From Execution Of Agreement Until Due Date Of Possession
3 months, 2 weeks ago

MahaREAT - Escalation Costs Are Only Permissible From Execution Of Agreement Until Due Date Of Possession

Live Law  

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 comprising Justice Shriram R. Jagtap and Shrikant M. Deshpande ruled that escalation costs are only permissible from the execution of the sale agreement until the due date of possession. Background Facts Homebuyers purchased …

Haryana RERA Directs Ramprastha Promoters To Pay Interest, Execute Conveyance Deed In Favor Of Homebuyer
3 months, 2 weeks ago

Haryana RERA Directs Ramprastha Promoters To Pay Interest, Execute Conveyance Deed In Favor Of Homebuyer

Live Law  

Haryana Real Estate Regulatory Authority bench comprising of Ashok Sangwan has directed M/s Ramprastha promoters & Developers Pvt. Additionally, Authority directed builder to handover the possession and execute the conveyance deed in the favor of homebuyer. Authority further held that builder has violated Section 11 of RERA, 2016 by failing to deliver possession by the due date specified in the …

Haryana RERA Orders Ansal Housing To Pay Interest For Delay And Provide Possession Offer To Homebuyer Within Two Months
3 months, 2 weeks ago

Haryana RERA Orders Ansal Housing To Pay Interest For Delay And Provide Possession Offer To Homebuyer Within Two Months

Live Law  

Haryana Real Estate Regulatory Authority bench, comprising Ashok Sangwan has directed M/s Ansal Housing and Constructions Limited to pay interest and provide offer of possession to homebuyer within 2 months. Observation and Direction by Authority The authority referred clause 30 of the flat's buyer agreement which stipulated that builder is liable to offer the possession of the flat within the …

Maharashtra RERA Directs Godrej Properties To Refund Booking Amount Paid By Homebuyer
3 months, 2 weeks ago

Maharashtra RERA Directs Godrej Properties To Refund Booking Amount Paid By Homebuyer

Live Law  

Maharashtra Real Estate Regulatory Authority bench comprising Mahesh Pathak has directed Godrej Properties Limited.to refund the amount paid by the homebuyer after deducting 2% of the total consideration. Background Facts Homebuyer purchased a flat in the builder's project named Godrej Greens situated at Pune by paying the booking amount of Rs.3,89,604/-. On 26 September 2020, Homebuyer mailed builder to cancel …

RERA WEEKLY ROUND UP NOVEMBER 11 – NOVEMBER 17
3 months, 3 weeks ago

RERA WEEKLY ROUND UP NOVEMBER 11 – NOVEMBER 17

Live Law  

MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY Failure To Provide Possession Of Two Showrooms On Time, MahaRERA Directs Pune Builder To Pay Interest To The Complainant Case – Kohinoor Televideo Pvt Ltd Versus Deron Properties Pvt Ltd A/W 1 other Citation - Complaint No. CC005000000096064 & 1 other Maharashtra Real Estate Regulatory Authority bench, comprising Mahesh Pathak directed the Pune-based builder Deron …

TSRERA Orders Refund To Homebuyer Who Paid Builder Without Verifying Project Registration, Refuses To Provide Interest
4 months ago

TSRERA Orders Refund To Homebuyer Who Paid Builder Without Verifying Project Registration, Refuses To Provide Interest

Live Law  

Telangana Real Estate Regulatory Authority bench comprising Justice Dr. N. Satyanarayana, K. Srinivasa Rao and Laxmi Narayana Jannu directed the builder to refund the initial amount paid by the homebuyer for purchasing a flat in the builder unregistered project. Authority refused to provide interest on the amount holding that it was the homebuyer duty to perform due diligence before making …

MahaREAT - Escalation Costs Are Only Permissible From Execution Of Agreement Until Due Date Of Possession
4 months ago

MahaREAT - Escalation Costs Are Only Permissible From Execution Of Agreement Until Due Date Of Possession

Live Law  

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 comprising Justice Shriram R. Jagtap and Shrikant M. Deshpande ruled that escalation costs are only permissible from the execution of the sale agreement until the due date of possession. Background Facts Homebuyers purchased …

Haryana RERA Directs Pareena Infrastructures To Pay Interest, Execute Conveyance Deed In Favour Of Homebuyer
4 months ago

Haryana RERA Directs Pareena Infrastructures To Pay Interest, Execute Conveyance Deed In Favour Of Homebuyer

Live Law  

Haryana Real Estate Regulatory Authority bench, comprising Arun Kumar has directed Pareena Infrastructures Pvt. Aggrieved, the homebuyer filed a complaint before the authority seeking possession, delayed interest and execution of the conveyance deed. As a result authority held that the homebuyer is entitled to receive interest from the builder for every month of delay from the due date of possession …

Delay Of 3.5 Years In Delivering Possession Of Plot, Himachal RERA Directs Builder To Pay Rs. 2.92 Crore As Interest To Complainant
4 months ago

Delay Of 3.5 Years In Delivering Possession Of Plot, Himachal RERA Directs Builder To Pay Rs. 2.92 Crore As Interest To Complainant

Live Law  

Himachal Real Estate Regulatory Authority bench comprising Justice Srikant Baldi directed the builder to pay Rs. Authority noted that during the pendency of the matter builder refunded the amount which complainant had paid in order to purchase the plot. Rule 15 stipulates that the interest rate payable by either the builder to the allottee or the allottee to the builder …

Failure To Provide Possession Of Two Showrooms On Time, MahaRERA Directs Pune Builder To Pay Interest To The Complainant
4 months ago

Failure To Provide Possession Of Two Showrooms On Time, MahaRERA Directs Pune Builder To Pay Interest To The Complainant

Live Law  

Maharashtra Real Estate Regulatory Authority bench, comprising Mahesh Pathak directed the Pune-based builder Deron Properties Pvt Ltd to pay interest to the complainant who purchased two showrooms in their project. Background Facts The complainant who is a private company purchased two showrooms in the builder's project named Deron Business Square located in Hinjavadi, Pune. However, even after receiving a substantial …

WB REAT Upholds Authority's Decision Directing Builder To Refund ₹11 Lakh To Homebuyer, Initiates Proceedings For Selling Unregistered Project
4 months, 1 week ago

WB REAT Upholds Authority's Decision Directing Builder To Refund ₹11 Lakh To Homebuyer, Initiates Proceedings For Selling Unregistered Project

Live Law  

While upholding the West Bengal Real Estate Regulatory Authority order directing the builder to refund the homebuyer's paid amount of Rs. 11,00,000/- with interest, West Bengal Real Estate Appellate Tribunal bench, comprising Justice Rabindranath Samanta, Gour Sunder Banerjee, and Dr. Subrat Mukherjee, initiated proceedings against the builder for violating Section 3 of the Real Estate Act, 2016. The Tribunal also …

WB REAT Directs Builder To Pay Settlement Of Over ₹2 Crores To Homebuyer For Failure To Deliver Possession Since 2017
4 months, 1 week ago

WB REAT Directs Builder To Pay Settlement Of Over ₹2 Crores To Homebuyer For Failure To Deliver Possession Since 2017

Live Law  

West Bengal Real Estate Appellate Tribunal bench, comprising Justice Rabindranath Samanta, Gour Sunder Banerjee, and Dr. Subrat Mukherjee, disposed of the appeal after the builder made the fifth and final installment to the homebuyer as part of the settlement agreement. Instead of disposing of the appeal on the date the settlement agreement was reached, the Tribunal monitored the builder's installment …

Haryana RERA Directs Parsvnath Developers To Pay Delay Interest And Execute Conveyance Deed In Favour Of Homebuyer
6 months ago

Haryana RERA Directs Parsvnath Developers To Pay Delay Interest And Execute Conveyance Deed In Favour Of Homebuyer

Live Law  

Haryana Real Estate Regulatory Authority bench, comprising Ashok Sangwan, has directed Parsvnath Developers Limited, the builder, to pay delay interest and execute the conveyance deed in the favour of homebuyer. Background Facts The original allottee booked a flat in the builder's project named Parsvnath Exotica, located in Sector 54, Gurugram, and made payments totaling Rs. On July 13, 2005, a …

MahaREAT Dismisses Homebuyer's Application For Condonation Of 298-Day Delay In Filing Appeal
6 months ago

MahaREAT Dismisses Homebuyer's Application For Condonation Of 298-Day Delay In Filing Appeal

Live Law  

Maharashtra Real Estate Appellate Tribunal Bench, comprising SS Shinde and Dr. K. Shivaji, 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 order dated October 27, 2021. According to Section 44 of the Real Estate Act, 2016, the homebuyer had 60 days …

Haryana RERA Orders Imperia Structures To Pay Interest To Homebuyer For Delayed Possession
7 months ago

Haryana RERA Orders Imperia Structures To Pay Interest To Homebuyer For Delayed Possession

Live Law  

Haryana Real Estate Regulatory Authority bench, comprising Ashok Sangwan, has directed M/s Imperia Structures Limited, the builder, to pay interest to the homebuyer of The Esfera project located at Sector 37C, Gurugram, for the delay in handing over possession. Background Facts On 24.12.2012, the homebuyer was allotted a flat in the builder's project named The Esfera, located at Sector 37C, …

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