Multiple Proceedings On Same Issue Not Permissible Under RERA 2016; Maharashtra RERA Dismisses Complaint Seeking Refund For Delayed Possession [Read Order]
6 years, 2 months ago

Multiple Proceedings On Same Issue Not Permissible Under RERA 2016; Maharashtra RERA Dismisses Complaint Seeking Refund For Delayed Possession [Read Order]

Live Law  

In an important ruling, the Maharashtra Real Estate Regulatory Authority has held that multiple proceedings on the same issue cannot be allowed under the Real Estate Act 2016. MahaRERA dismissed the complaint seeking a refund along with interest at the rate of 24% per annum for the delayed possession in respect of booking of a flat in Rare. MahaRERA dismissed the complaint seeking a refund along with interest at the rate of 24% per annum for the delayed possession in respect of booking of a flat in Rare Township’s project called 'Rising City- Atlanta Heights' of Ghatkopar. Since the complainant is also a party to the said proceeding, he cannot separately agitate this complaint before the MahaRERA, as it will amount to multiple proceedings on the same issue, which is not permissible in RERA Act 2016.” Thus, the said complaint was dismissed.

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History of this topic

Prospective Home Buyers Can Also Approach RERA For Remedies: Punjab & Haryana High Court
1 month, 1 week ago

Prospective Home Buyers Can Also Approach RERA For Remedies: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has made it clear that home buyers who have deposited certain amount and are prospective allottees can also filed complaint in Real Estate Regulatory Authority for redressal of grievances. Observing that this argument was "rudderless" a division bench of Justice Sureshwar Thakur and Justice Vikas Suri said, "The reason being that when, within the …

Real Estate Monthly Digest: January 2025
1 month, 2 weeks 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 …

'Court Fee Refund Only If Case Settled Through ADR Mechanisms' : Supreme Court Rejects Refund Claim For Private Out-of-Court Settlement
1 month, 3 weeks ago

'Court Fee Refund Only If Case Settled Through ADR Mechanisms' : Supreme Court Rejects Refund Claim For Private Out-of-Court Settlement

Live Law  

The Supreme Court held that litigants who resolve their disputes privately outside of court are not entitled to a refund of court fees. The Court said that the refund of the court fees is permissible only “if the matter is referred to Arbitration, Conciliation, judicial settlement, including through Lok Adalat or mediation for settlement and the case is decided in …

Maharashtra Stamp Act | Limitation Period For Refund Starts From Execution Of Cancellation Deed, Not Its Registration: Supreme Court
1 month, 3 weeks ago

Maharashtra Stamp Act | Limitation Period For Refund Starts From Execution Of Cancellation Deed, Not Its Registration: Supreme Court

Live Law  

Observing that the right to claim a refund of stamp duty originates from the date of execution of the cancellation deed, the Supreme Court on Friday directed the refund of stamp duty to flat owners whose claim had been rejected on limitation grounds. The bench comprising Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta was hearing the case relating to …

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

Punjab RERA Holds ATS Estate Liable For Delayed Possession, Orders Refund With Interest To Homebuyer
2 months, 1 week 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 …

Haryana RERA Directs Ansal Builders To Hand Over Possession And Pay Interest For Delay
2 months, 3 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, …

Real Estate Monthly Digest : December 2024
Trending News
2 months, 3 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, 3 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]
3 months 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 …

Supreme Court Monthly Digest- October 2024 With Statute And Subject Wise Index
3 months ago

Supreme Court Monthly Digest- October 2024 With Statute And Subject Wise Index

Live Law  

Advocate Supreme Court deprecates practice of litigant engaging new lawyer to reargue case after court expressed dissatisfaction on merits. Airports Economic Regulatory Authority of India v. Delhi International Airport, 2024 LiveLaw 812 Arbitration and Conciliation Act, 1996 Section 11 - Arbitration Clause in Public Premises Disputes – Applicability of the Public Premises Act, 1971 vis-à-vis the Arbitration and Conciliation Act, …

Full Refund Of Court Fee On Mediation Settlement Not Possible Unlike Lok Adalat Without State Law : Supreme Court
3 months ago

Full Refund Of Court Fee On Mediation Settlement Not Possible Unlike Lok Adalat Without State Law : Supreme Court

Live Law  

The Supreme Court on December 19 held that a dispute amicably settled by mediation under Section 89 of the Code of Civil Procedure should not be confused with the settlement of a dispute through Lok Adalat in terms of the repayment of Court fees where the latter provides 100% refund in the administration of justice. It held: "The inescapable conclusion …

Maharashtra RERA Directs Godrej Skyline Developers To Refund Full Booking Amount Paid By Homebuyer With Interest
3 months 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
3 months 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 Directs Ansal Builders To Refund Booking Amount Paid By Complainant For Purchasing Shop
3 months, 1 week ago

Haryana RERA Directs Ansal Builders To Refund Booking Amount Paid By Complainant For Purchasing Shop

Live Law  

Haryana Real Estate Regulatory Authority bench comprising Ashok Sangwan has directed M/s Ansal Housing and Constructions Limited to refund the booking amount of 7 lakhs paid by the complainant for purchasing the shop. The complainant approached the authority after the builder retained the booking amount following the complainant's withdrawal from the project in 2022 due to delays in receiving possession …

Haryana RERA - No Additional Compensation To Homebuyer When Interest For Delayed Possession Already Granted
Trending News
3 months, 2 weeks 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, 2 weeks 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 …

REAL ESTATE WEEKLY ROUND UP: DECEMBER 2 – DECEMBER 8
3 months, 2 weeks 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 …

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

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

Failure To Provide Possession Of Two Showrooms On Time, MahaRERA Directs Pune Builder To Pay Interest To The Complainant
4 months, 1 week 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 …

MahaREAT Dismisses Homebuyer's Application For Condonation Of 298-Day Delay In Filing Appeal
6 months, 1 week 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, 1 week 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, …

SC upholds order for refund of amount to home buyers by builder for delayed possession of flat
7 months, 3 weeks ago

SC upholds order for refund of amount to home buyers by builder for delayed possession of flat

Hindustan Times  

New Delhi, Jul 29 The Supreme Court on July 29 upheld an order of the National Consumer Disputes Redressal Commission directing a developer to refund the entire amount paid by the home buyers for delayed possession of their flat. SC upholds order for refund of amount to home buyers by builder for delayed possession of flat A bench of Justices …

MahaRERA - Homebuyers Accepting Partial Refund From Builder Without Interest Can't Later Seek Refund With Interest
8 months ago

MahaRERA - Homebuyers Accepting Partial Refund From Builder Without Interest Can't Later Seek Refund With Interest

Live Law  

While rejecting the homebuyers' request for a refund with interest, who had accepted a partial refund of 15 lakhs from the builder without interest, Maharashtra Real Estate Regulatory Authority bench, comprising Mahesh Pathak, held that homebuyers accepting a partial refund amount from the builder without interest cannot later seek a refund with interest under Section 18 of RERA, 2016. Aggrieved …

Haryana RERA Orders Raheja Developers To Pay Interest To Homebuyer For Delayed Possession
8 months ago

Haryana RERA Orders Raheja Developers To Pay Interest To Homebuyer For Delayed Possession

Live Law  

Haryana Real Estate Regulatory Authority bench, comprising Ashok Sangwan, has directed M/s Raheja Developers Limited, the builder, to pay interest to the homebuyer for the delay in handing over possession. According to clause 4.2 of the buyer's agreement, the builder was supposed to hand over possession within 54 months, including a 6-month grace period from the date of the agreement. …

MahaRERA – Being Aware Of Market Conditions, Builders Should Conduct Due Diligence Before Declaring Project's Possession Date
8 months, 2 weeks 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 …

MahaRERA Orders Jayesh Buildcon To Pay Interest To Homebuyers For Delay In Handing Over Possession
8 months, 2 weeks ago

MahaRERA Orders Jayesh Buildcon To Pay Interest To Homebuyers For Delay In Handing Over Possession

Live Law  

Maharashtra Real Estate Regulatory Authority bench, comprising Mahesh Pathak, directed Jayesh Buildcon to pay interest to the homebuyer for the delay in handing over possession of the flat. Observation and direction by Authority The authority observed that the builder has completed the project and has obtained the Occupancy Certificate for the homebuyers flats on 22-11-2022 from the competent authority. The …

Haryana RERA Directs Ambience Projects To Hand Over Possession To Homebuyers, Pay Interest For Delay
8 months, 3 weeks ago

Haryana RERA Directs Ambience Projects To Hand Over Possession To Homebuyers, Pay Interest For Delay

Live Law  

Haryana Real Estate Regulatory Authority bench, comprising Sanjeev Kumar Arora, has directed Ambience Projects, the builder, to hand over possession of the flat to the homebuyer and pay interest for the delay in handing over the possession. According to Clause 11 of the agreement, the builder had to finish construction and hand over the flat within 60 months, making the …

Can homebuyers seek refund of booking amount from a real estate developer in case of job loss?
9 months ago

Can homebuyers seek refund of booking amount from a real estate developer in case of job loss?

Hindustan Times  

The Maharashtra Real Estate Regulatory Authority has directed the developer of Godrej Meadows project in Pune to partially refund the booking amount paid by two homebuyers after deducting 2% of the total booking amount. MahaRERA has directed the developer of Godrej Meadows project in Pune to partially refund the booking amount paid by two homebuyers after deducting 2% of the …

MahaRERA orders real estate developer to refund ₹66 lakh to flat buyer with interest
9 months ago

MahaRERA orders real estate developer to refund ₹66 lakh to flat buyer with interest

Hindustan Times  

MUMBAI: In a significant relief for a homebuyer, the Maharashtra Real Estate Regulatory Authority has directed a leading property developer to refund ₹66 lakh, accepted from the buyer, along with interest for failing to complete the project by the stipulated date listed on the RERA website. MahaRERA orders real estate developer to refund ₹ 66 lakh to flat buyer with …

Inability To Pay Full Amount, Developer Can Only Forfeit Booking Amount, Not Entire Amount Paid: Rewari District Commission
9 months ago

Inability To Pay Full Amount, Developer Can Only Forfeit Booking Amount, Not Entire Amount Paid: Rewari District Commission

Live Law  

The District Consumer Disputes Redressal Commission, Rewari bench of Sanjay Kumar Khanduja and Rajender Parshad the Manager of Jan Awas Project liable for unfair trade practices for forfeiting the full pre-deposit amount due to the Complainants' inability to make the full payment for the flat. Feeling aggrieved, the Complainants approached the District Consumer Disputes Redressal Commission, Rewari, Haryana and filed …

RERA Weekly Round Up – 3 June To 9 June 2024
9 months, 2 weeks ago

RERA Weekly Round Up – 3 June To 9 June 2024

Live Law  

Karnataka Real Estate Regulatory Authority Case – Devdas Pandurang Shetti & another Versus M/s Mantri Developers Pvt. Uttar Pradesh Real Estate Regulatory Authority Press Note UPRERA/24/May/2024 Uttar Pradesh Real Estate Regulatory Authority Chairman Sanjay Bhoosreddy has expressed strong displeasure over the non-registration of properties belonging to nine allottees of the Alaknanda Project by the Prayagraj Development Authority, despite the UPRERA …

RERA Weekly Round Up – 27 May To 2 June 2024
9 months, 3 weeks ago

RERA Weekly Round Up – 27 May To 2 June 2024

Live Law  

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, comprising Justice Shriram R. Jagtap and Dr. K. Shivaji, refuses to adjudicate the homebuyer's appeal concerning registration of a real estate …

MahaRERA Directs Kalpataru Radiance Project To Refund Money With Interest Or Pay Monthly Interest To Homebuyers Choosing To Stay
9 months, 3 weeks ago

MahaRERA Directs Kalpataru Radiance Project To Refund Money With Interest Or Pay Monthly Interest To Homebuyers Choosing To Stay

Live Law  

In a relief to Homebuyers, Maharashtra Real Estate Regulatory Authority Bench, comprising of Ajoy Mehta, has directed the builder to refund the amount with interest to homebuyers opting to withdraw and to pay monthly interest to homebuyers choosing to stay invested in the Kalpataru Radiance Project. Contention of Builder Homebuyers approached them to purchase the flat after the Maharashtra Housing …

Consumer Cases Weekly Round-Up: 8th to 14th April 2024
11 months ago

Consumer Cases Weekly Round-Up: 8th to 14th April 2024

Live Law  

Himachal Real Estate Regulatory Authority Himachal RERA Grants Relief To Non-Himachali Homebuyer, Directing Builder To Refund With Interest If State Land Laws Permission Is Not Obtained The Himachal Real Estate Regulatory Authority bench comprising of Justice Dr. Srikant Badli and BC Badalia, has granted relief to a non-Himachali homebuyer under whose favor the builder was not executing a conveyance deed, …

Haryana RERA imposes penalty of ₹6 lakh on Vatika Ltd; Directs builder to execute BBA within a month
11 months, 1 week ago

Haryana RERA imposes penalty of ₹6 lakh on Vatika Ltd; Directs builder to execute BBA within a month

Hindustan Times  

The Haryana Real Estate Regulatory Authority has penalized the real estate firm, Vatika Limited, with more than ₹6 lakh for violating the builder-buyer agreement provisions and directed the promoter to execute the BBA within a month. The Haryana Real Estate Regulatory Authority has penalized the real estate company Vatika Limited with more than ₹ 6 lakh for violating the builder-buyer …

RERA Court imposes fine of ₹6 lakh on Vatika Ltd for violating builder-buyer agreement
11 months, 1 week ago

RERA Court imposes fine of ₹6 lakh on Vatika Ltd for violating builder-buyer agreement

Hindustan Times  

Gurugram, The Real Estate Regulatory Authority court here has penalised real estate promoter Vatika Limited with over ₹6 lakh for violating the Builder Buyer Agreement provisions, an official said on Tuesday. HT Image The landmark order of the RERA court passed by Judge SK Arora has come as a big relief for the five complainants, the official said. "The Authority …

RERA Cases Quarterly Digest 2024
11 months, 2 weeks ago

RERA Cases Quarterly Digest 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. Tamil Nadu Real Estate Appellate Tribunal TNREAT Orders Hiranandani Realtors To …

Haryana RERA Directs Builder To Refund The Homebuyer's Amount With Interest, Rejects Builder's Investor Argument
11 months, 2 weeks ago

Haryana RERA Directs Builder To Refund The Homebuyer's Amount With Interest, Rejects Builder's Investor Argument

Live Law  

Haryana Real Estate Regulatory Authority comprising Justice Ashok Sangwan, has directed the builder to refund the entire amount paid by the homebuyer with interest, rejecting the builder's contention that the homebuyer is not a consumer but an investor. Aggrieved by the delay, homebuyers seek to withdraw from the project, therefore, homebuyers filed a complaint before Haryana RERA seeking a refund …

MahaREAT Grants Interest To Homebuyer For Delayed Possession, Rejects Builder's Defense Of Late Approval Of Occupation Certificate
11 months, 3 weeks ago

MahaREAT Grants Interest To Homebuyer For Delayed Possession, Rejects Builder's Defense Of Late Approval Of Occupation Certificate

Live Law  

Maharashtra Real Estate Appellate Tribunal bench, comprising of Justice Shri Shriram R. Jagtap and Dr. K. Shivaji, 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 and Municipal Corporation of Greater Mumbai regarding the issuance of approvals. REAT Verdict MahaREAT …

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.
1 year ago

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.

Live Law  

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. The appellant filed an appeal before the Honorable Bombay High Court against the Tribunal's order dated October 18, 2022, contending …

MahaRERA grants interest on delayed possession to Minerva buyer
1 year, 2 months ago

MahaRERA grants interest on delayed possession to Minerva buyer

Hindustan Times  

MUMBAI: The Maharashtra Real Estate Regulatory Authority has granted interest on delayed possession to the buyer of a private firm who purchased a flat in Lokhandwala Minerva, Mahalaxmi, from January 1, 2023, on the premise that the developer had failed to provide possession on terms agreed upon earlier. MahaRERA has granted interest on delayed possession to the buyer of a …

Consumer Commission Can Revive Cases Consigned To Records, Does Not Qualify As Review Or Recall: Jammu & Kashmir High Court
1 year, 5 months ago

Consumer Commission Can Revive Cases Consigned To Records, Does Not Qualify As Review Or Recall: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has clarified that restoring a case consigned to records without an adverse order or a decision on parties' rights does not qualify as a review and hence such a case could be called back by the Consumer Commissions. The Court was hearing an appeal filed under Section 17 of the Jammu and …

RERA Act | Under Section 71(1), The Adjudicating Authority Can Decide The Compensation Alone. : Chhattisgarh High Court
2 years, 10 months ago

RERA Act | Under Section 71(1), The Adjudicating Authority Can Decide The Compensation Alone. : Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court recently held that under Section 71 of the Real Estate Act, 2016, the adjudicating authority can decide the compensation alone. The Appellate Tribunal of RERA was not available in Chhattisgarh, as was required under the RERA Act, 2016, to be established within one year. The Court remarked that prima facie, therefore conformant of power on STAT …

"Sell Builder's Property In 15 Days If No Settlement With Buyer": Bombay High Court On Unexecuted MAHARera Orders
2 years, 10 months ago

"Sell Builder's Property In 15 Days If No Settlement With Buyer": Bombay High Court On Unexecuted MAHARera Orders

Live Law  

Cracking the whip against revenue authorities who failed to execute MahaRERA orders in favour of a flat purchaser, the Bombay High Court directed the attachment and sale of a builder's property within merely 15 days if settlement talks fail. A division bench of Justices SV Gangapurwala and MG Sewlikar said, "If within a period of two months settlement between Petitioner …

RERA - Regulatory Authority Has Exclusive Jurisdiction To Direct Refund To Allottee; Adjudicating Officer Has Power To Determine Compensation : Supreme Court
3 years, 4 months ago

RERA - Regulatory Authority Has Exclusive Jurisdiction To Direct Refund To Allottee; Adjudicating Officer Has Power To Determine Compensation : Supreme Court

Live Law  

The Supreme Court in its judgment delivered on Thursday had, inter alia, held that the regulatory authority has exclusive jurisdiction to direct refund of the amount, and interest on the refund amount, or directing payment of interest for delayed delivery of possession, or penalty and interest thereon, to the allottee; whereas the adjudication for determining compensation and interest thereon is …

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