Haryana RERA Orders Elan Limited To Refund Commercial Unit Buyers, Caps Forfeiture At 10% Of Sale Consideration

The Haryana Real Estate Regulatory Authority (HRERA), Gurugram, has recently directed Elan Limited to refund the money paid by allottees of a commercial unit in its "Elan Epic" project. While upholding the cancellation of the allotment on account of the allottees' failure to clear outstanding dues, the Authority held that the builder could not forfeit more than 10% of the sale consideration as earnest money. “while cancelling the unit, it was an obligation of the respondent to return the...

Karnataka High Court Stays RERA's Applicability To BDA Layouts Based On Pre-Act Land Acquisition

On 3 June, the Karnataka High Court stayed the applicability of the Real Estate (Regulation and Development) Act, 2016 (RERA) to residential layouts and housing schemes undertaken by the Bangalore Development Authority (BDA) where preliminary land acquisition notifications predated the Act, holding that the issue requires detailed examination. Justice Suraj Govindaraj granted interim relief to the BDA until 6 July 2026 and observed that the outcome of the case could affect allotments made to...

LiveLawBiz RERA Cases Weekly Digest: June 1 - June 6, 2026

NOMINAL INDEXPrasanth B. & Anr. v. Hoysala Projects Pvt. Ltd. & Ors., 2026 LLBiz HC(KER) 87Vardhman Developers v. Uttarakhand Real Estate Appellate Tribunal & Anr., 2026 LLBiz HC(UTT) 8Harish Jasuja v. Rajasthan Real Estate Regulatory Authority & Anr., 2026 LLBiz REAT (RJ) 35Baroda Rajasthan Kshetriya Gramin Bank v. Rajasthan Real Estate Regulatory Authority & Ors., 2026 LLBiz REAT (RJ) 36Lakshmi V. Reddy v. M/s Maxworth Realty India Ltd., 2026 LLBiz RERA(KA) 92Vijay Kumar...

No Occupation Certificate Means No Valid Possession: Haryana RERA Directs Ansal Housing To Refund Homebuyer

The Haryana Real Estate Regulatory Authority (Authority) recently (May 19) directed Ansal Housing Limited to refund Rs. 77.35 lakh along with interest to homebuyers after finding that the possession offer issued by the builder was invalid, as it was made without obtaining the Occupation Certificate. A coram comprising Arun Kumar (Chairman) observed that: “There is a delay in handing over the possession as due date of possession was 07.11.2015 whereas, the respondent has failed to...

Punjab RERA Directs Omaxe to Pay ₹7.87 Lakh to Homebuyer for Possession Delay

The Punjab Real Estate Regulatory Authority (Authority) has recently directed Omaxe Chandigarh Extension Developers Pvt. Ltd. to pay Rs. 7.87 lakh to a homebuyer for the delay in handing over possession of a flat in its New Chandigarh project. The order was passed by a bench headed by Chairperson Rakesh Kumar Goyal which observed: “The Respondent's failure to pay interest as per “Agreement for Sale” and further as per Section 18 of the RERD Act, 2016 constitutes violation of...

Haryana RERA Orders Assotech Moonshine To Pay 10.80% Delay Interest For 10-Year Possession Delay

The Haryana Real Estate Regulatory Authority (HARERA), Gurugram, has directed Assotech Moonshine Urban Development Pvt. Ltd. to pay delayed possession interest to a homebuyer after finding that it had failed to hand over an apartment in its "Assotech Blith" project. The contractual possession date had expired on July 20, 2016. A bench of Chairman Arun Kumar observed that the builder had still not obtained the Occupation Certificate nearly a decade after the agreed possession date. Holding that...

Karnataka RERA Orders Frontier Shelters To Pay ₹21.63 Lakh Interest For Delay In Flat Possession

The Karnataka Real Estate Regulatory Authority (RERA) has recently directed Frontier Shelters Pvt. Ltd. to pay ₹21.63 lakh as interest for delaying possession of a flat in its Frontier Heights project in Bengaluru, while also ordering the developer to complete the project and hand over the apartment to the buyer. The order was passed by a bench comprising Chairperson Rakesh Singh and Member Gurijala Ravindranadha Reddy. Relying on a site inspection report, the authority found that several...

Mandatory RERA Pre-Deposit Cannot Be Diluted By Replacing Statutory Interest Rate With MCLR: Kerala HC

The Kerala High Court has recently held that a builder could not be permitted to calculate the mandatory pre-deposit for pursuing a RERA appeal on the basis of the Marginal Cost of Funds-based Lending Rate (MCLR) instead of the State Bank of India's Benchmark Prime Lending Rate plus 2% prescribed under Rule 18 of the Kerala Real Estate (Regulation and Development) Rules, 2018. The Court observed that such a course would "render Rule 18 a dead letter." A Division Bench of Justice Raja...

Persistent Payment Defaults By Homebuyers Affect Project Execution,Stakeholder Interests: Maharashtra RERA

The Maharashtra Real Estate Regulatory Authority (MahaRERA) has recently held that repeated and prolonged payment defaults by homebuyers are contrary to their contractual and statutory obligations. It observed that such defaults adversely affect project execution, financial planning, and a promoter's obligations towards other stakeholders and financial institutions. Member Ravindra Deshpande made the observation while allowing two complaints filed by Transcon Sheth Creators Pvt. Ltd. The...

Adani M2K Homebuyers Can't Seek Additional Compensation After Accepting Delay Interest Award: Haryana RERA

The Haryana Real Estate Regulatory Authority (HRERA) has held that homebuyers in an Adani M2K project who chose to continue with the project after securing delayed possession compensation cannot seek separate compensation for the same delay.Adjudicating Officer Rajender Kumar held, “The parliament did not intend to provide compensation other than DPC in case allottee does not intend to withdraw from the project.” The ruling came while dismissing a complaint filed by two homebuyers against Adani...

Karnataka RERA Orders Penalty Proceedings Against Maxworth Realty Over Unregistered Project

The Karnataka Real Estate Regulatory Authority (KRERA) has ordered initiation of penalty proceedings against Maxworth Realty India Ltd for failing to register its project under the Real Estate (Regulation and Development) Act, 2016, while also directing the developer to hand over possession of a plot booked by a homebuyer more than a decade ago. A Bench comprising Chairperson Rakesh Singh and Member Gurijala Ravindranadha Reddy held that the developer could not continue retaining the buyer's...

Rajasthan REAT Upholds RERA Order Treating Baroda Rajasthan Gramin Bank As Promoter In Kota Project

On 19 May, the Rajasthan Real Estate Appellate Tribunal (REAT) upheld a Rajasthan RERA order treating Baroda Rajasthan Kshetriya Gramin Bank as a “promoter” under Section 2(zk) of the Real Estate (Regulation and Development) Act, 2016. A Bench of Chairperson Justice Madan Gopal Vyas and Judicial Member Yudhisthir Sharma held that the bank stepped into the developer's role in the “Shreenath Oasis” project at Kota after acquiring an interest in the project through a mortgage. It held: “it is...