Kerala High Court
RERA Cannot Decide Complaint On Merits Before Numbering, Hearing: Kerala High Court
Case Title: Renney Geo Varghese v. The Kerala Real Estate Regulatory Authority (K-RERA) & Ors.; Sindhu M. Poduval v. The Kerala Real Estate Regulatory Authority (K-RERA) & Ors
Case Number : WP(C) No. 24034 of 2026 & WP(C) No. 24977 of 2026
Citation : 2026 LLBiz HC(KER) 163
The Kerala High Court has ruled that the Kerala Real Estate Regulatory Authority cannot examine the merits of a complaint while considering it for numbering and reject it as not maintainable without giving the complainant an opportunity of hearing.
Justice Ziyad Rahman A.A. quashed two Kerala RERA orders rejecting complaints filed by Renney Geo Varghese and Sindhu M. Poduval.
The court found that the authority had discussed the merits of the complaints even though they had not been numbered and the complainants had not been heard.
The court observed, “To be precise, the reference of principles of natural justice in section 38, itself indicates the necessity of providing such an opportunity to the complainants or the opposite party, before taking a decision on the same and giving such opportunity, cannot be at the discretion of the 1st respondent, but on the other hand, it is mandatory.”
Real Estate Regulatory Authorities
Tamil Nadu RERA
Allottee Cannot Claim Corpus Fund Refund After Handover To Residents' Association: Tamil Nadu RERA
Case Title : Saranya Jeyasundaram v. K.G. Foundations (P) Ltd. & Anr
Case Number : C.No.58 of 2025
Citation : 2026 LLBiz RERA (TN) 129
The Tamil Nadu Real Estate Regulatory Authority (TNRERA) on 7 August held that an individual allottee cannot seek a refund of the corpus fund from a promoter after the promoter has handed over the corpus fund and maintenance accounts to the registered residents' association.
A Coram comprising Chairperson K. Phanindra Reddy and Members A. Nazir Ahamed and Reeta Harish Thakkar rejected a homebuyer's claim for an individual refund from K.G. Foundations (P) Ltd. in relation to the KG Chandra Vista project, while imposing a Rs. 10 lakh penalty on the developer for selling apartments without registering the project under the Real Estate (Regulation and Development) Act, 2016 (RERA). The Authority observed:
“As per the handing over letter dated 05.01.2021 the maintenance and corpus fund account of KG Chandravista Blocks A & B are handed over to the 2nd Respondent along with the enclosure of detailed statement of accounts and common area maintenance expenses. Therefore, the Complainant as the individual allottee cannot claim the refund of corpus fund from the Respondents. If any discrepancies in the statement of accounts relating to the corpus fund produced by the 1st Respondent, it is for the 2nd Respondent to raise the issue."
Punjab RERA
RWA-Member Maintenance Disputes Governed By Bye-Laws, Not RERA Act: Punjab RERA
Case Title : Leafstone Residents Welfare Association v. Daizy Dass & Another
Case Number : Complaint No. 0367 of 2024
Citation : 2026 LLBiz RERA (PB) 130
The Punjab Real Estate Regulatory Authority (RERA) held on 14 August that disputes concerning recovery of maintenance charges between a Residents Welfare Association (RWA) and its members do not fall within the scope of the Real Estate (Regulation and Development) Act, 2016. Such disputes concern the relationship between an association and its members and are governed by the association's registered bye-laws and applicable laws.
Chairman Rakesh Kumar Goyal dismissed a complaint filed by Leafstone Residents Welfare Association seeking recovery of unpaid maintenance dues from two residents, holding that the Authority could adjudicate disputes under the RERA Act only where they concerned promoters, allottees or real estate agents. The Authority observed:
“Maintenance charges paid in accordance with maintenance and service agreement are contractual in nature and paid in lieu of services provided by service provider. Therefore, the case of the complainant is not covered under any provision of RERD Act, 2016 or rules made thereunder. In this case, it is not within power of this authority to adjudicate the issues between a Residents Welfare Association and its members who are not promoter. The RERD Act, 2016 is applicable only inter-se issues relating to promoters, allottees and real estate agents.”