RERA
Karnataka REAT Directs Builder To Provide Car Parking Space Without Charging Extra Money
Karnataka Real Estate Appellate Tribunal (Tribunal) Bench, comprising Santhosh Kumar Shetty N. (Judicial Member) and Mahendra Jain (Administrative Member) directed the builder to provide a car parking space to the homebuyer with their 1BHK flat without charging any extra money. The Tribunal rejected the builder's contention that they had mistakenly mentioned providing the car parking space in the sale agreement. Background Facts Homebuyer (Complainant) booked a flat in the...
MahaRERA Orders Relief To Nine Homebuyers Of Sahara Prime City Facing Delay Of Over 17 Years
Maharashtra Real Estate Regulatory Authority (Authority) bench, comprising Mahesh Pathak (Member – I), provided relief to nine homebuyers of the Sahara Prime City Nagpur project which has been facing a delay of more than 17 years. Sahara Prime City, the real estate company of Sahara India Pariwar, is experiencing issues in completing its ongoing projects after the Supreme Court in 2013, prohibited all transactions of the Sahara group of companies and directed SEBI to control these...
Punjab RERA Orders Omaxe Chandigarh Extension To Pay Interest To Homebuyer For Delayed Possession
Punjab Real Estate Regulatory Authority (Authority) bench consisting of Binod Kumar Singh (Member), directed M/s Omaxe Chandigarh Extension Developments Pvt. Ltd. Which is a subsidiary of Real Estate company Omaxe Ltd. to pay interest to homebuyer for the delay in handing over possession of the flat. Background Facts Homebuyer (Complainant) was allotted a flat in the builder's (Respondent) project named The Lake located at OMAXE New Chandigarh. Further, Buyer's Agreement was ...
Will Homebuyer Who Converted His Paid Amount Into Unsecured Loan Fall Under Definition Of Allottee? MahaREAT Answers
Maharashtra Real Estate Appellate Tribunal (Tribunal) bench, comprising Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Technical Member), has held that homebuyer who converts their paid amount into an unsecured loan will not fall under the definition of an allottee. As the paid amounts are no longer considered as payments for the purchase of the Flat. Instead, they are recognized as a loan which removes the homebuyer from the status of an allottee. Background Facts The ...
Delay Of Over 8 Years, Haryana RERA Directs KNS Infracon To Refund And Settle Homebuyer's Loan Account
Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed M/s KNS Infracon Private Limited to refund ₹93 Lakhs with interest to homebuyer who purchased a flat in their Capital Gateway Project. Additionally, Authority directed builder to close the homebuyer's loan account with the bank using the refundable amount. Background Facts Through a flat buyer agreement dated 21.08.2017, homebuyer (Complainant) was allotted a flat in the...
Rajasthan REAT Directs Air Force Naval Housing Board To Pay Interest To Homebuyers
Rajasthan Real Estate Appellate Tribunal (Tribunal), comprising Yudhisthir Sharma (Judicial Member), has directed the Air Force Naval Housing Board to pay interest to homebuyers in accordance with the RERA rules, which stipulate an interest rate of SBI MCLR + 2%. This decision comes after the Rajasthan Real Estate Regulatory Authority (Authority) had previously ordered only 3% interest for delayed possession to the homebuyers. AFNHB is a welfare organization that provides residential...
Haryana RERA Orders Refund To Homebuyer Of Mahira Homes - 104 Following Revocation Of Project's Registration
Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), directed M/s Czar Buildwell Pvt. Ltd, to refund the amount paid by the homebuyer of Mahira Homes 104 along with interest following the revocation of the project's registration. On 11 March 2024, authority revoked the registration of five projects of the builder which include Mahira Homes Sector 104, Mahira Homes Sector 68, Mahira Homes Sector 103, Mahira Homes Sector 63A and Mahira Homes ...
MahaRERA Directs Godrej Properties To Refund Senior Citizen Who Canceled Their Booking Within One Month
Maharashtra Real Estate Regulatory Authority (Authority) bench, comprising Ravindra Deshpande (Member – II), has directed Godrej Properties to refund Rs. 15 lakhs to a senior citizen who cancelled their booking within one month due to a family emergency. However, Authority refused to provide interest over the paid up amount. Background Facts On 24.04.2017, Homebuyer (Complainant) booked a Suit flat in the builder's project named 'The Trees Origins' located in Kurla, Mumbai. The ...
Whether CIDCO Falls Under Definition Of Promoter For Town Development Activities? MahaREAT Answers
Maharashtra Real Estate Appellate Tribunal (Tribunal) bench, comprising Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Technical Member), has held that the City and Industrial Development Corporation of Maharashtra Ltd. (CIDCO), which is a fully owned undertaking of the Government of Maharashtra and functions as a special planning authority for the development of new towns, falls under the definition of a Promoter under RERA, 2016. Background Facts In October 2018,...
Delay Of More Than 12 Years In Providing Possession Of Apartment, Rajasthan RERA Directs Sahara Prime City To Refund
Rajasthan Real Estate Regulatory Authority (Authority) Bench, comprising Sudhir Kumar Sharma (Member), has directed Sahara Prime City Limited, the builder, to refund the amount paid by the homebuyer along with interest. The homebuyer was allotted an apartment in August, 2009 and was expecting possession by October, 2012. Background Facts The homebuyer (Complainant) booked an apartment in the builder's (Respondent) project named Sahara City Homes, situated in Jaipur. The total sale...
Builder Cannot Forfeit Amount In Absence Of Agreement With Forfeiture Clause, Telangana RERA Orders Full Refund To Homebuyer
While directing the builder to refund the full amount paid by the homebuyer for the purchase the flat, Telangana Real Estate Regulatory Authority (Authority) bench, comprising Dr. N. Satyanarayana (Chairperson), K. Srinivasa Rao (Member), and Laxmi Narayana Jannu (Member), held that forfeiture is only applicable when a formal agreement with a forfeiture clause has been executed between the homebuyer and builder. Background Facts The homebuyer (Complainant) booked a flat in the...
MahaRERA Issues Order on Project Registration Eligibility and Real Estate Agent Fee Clause in Agreements for Sale
Maharashtra Real Estate Regulatory Authority (Authority) has issued an order on 22nd October related to the eligibility criteria for project registration and the inclusion of real estate agent fee clauses in agreements for sale and Sale deeds. No registration required for exempted Projects Section 3(2) of the Real Estate (Regulation & Development) Act, 2016 specifies projects that do not require registration. This includes projects – 1.Where the land area is less than or equal...