Homebuyer Could Not Avoid Flat Payment Obligations Over Vastu Objection To Toilet Layout: Maharashtra RERA

The Maharashtra Real Estate Regulatory Authority (MahaRERA) has recently held that a homebuyer who objected to the placement of a lavatory in a flat on Vastu-Shastra grounds could not avoid payment obligations under the agreement for sale. MahaRERA member Ravindra Deshpande was dealing with a complaint filed by Heet Builders Pvt Ltd seeking a declaration that its termination of an agreement for sale executed with homebuyer Bhharati Kondaji Kanade was valid on account of non-payment of the...

Adani Infrastructure's SPV Not A Promoter; Haryana REAT Upholds RERA Registration Rejection For Parking Project

The Haryana Real Estate Appellate Tribunal has recently upheld Haryana RERA's refusal to register Inspire Parking Nest Pvt. Ltd.'s multi-level parking-cum-commercial project. It held that the company was merely a licensee with no right to transfer any part of the property and therefore did not qualify as a promoter under the law. A bench of Chairman Justice Rajan Gupta and Technical Member Dinesh Singh Chauhan held that the company's role was limited to developing infrastructure for Haryana...

Market Value Rise, Hypothetical Future Profits Not Enough For RERA Compensation: Karnataka REAT

The Karnataka Real Estate Appellate Tribunal (KREAT) has dismissed an appeal by two Bengaluru homebuyers seeking enhanced compensation over delayed possession of flats in Vaishnavi Infrastructure Corridor Enterprises Pvt. Ltd.'s “Vaishnavi Mandara” project, upholding a Karnataka RERA order that awarded them ₹2 lakh for mental agony and ₹7,000 in litigation costs. The tribunal bench of Chairperson Justice J.M. Khazi and Judicial Member Santhosh Kumar Shetty N said compensation claims under the...

RERA Appeal Remedy Cannot Be Bypassed To Avoid Pre-Deposit Requirement: Punjab and Haryana High Court

The Punjab and Haryana High Court recently refused to entertain a real estate developer's challenge to a Haryana RERA refund order, holding that a promoter/developer cannot bypass the statutory appellate remedy merely to avoid the pre-deposit requirement. A Division Bench of Justice Suvir Sehgal and Justice Vikas Suri was hearing a petition filed by Advance India Projects Limited against a Haryana Real Estate Regulatory Authority order directing it to refund over ₹1.02 crore to two allottees in...

Bihar RERA Says Landowner's Flat Shortfall Claim Against Builder Not Sustainable After Alternate Flat Deal

The Bihar Real Estate Regulatory Authority has held that a landowner's claim that a builder had shortchanged him in the allocation of flats in the “Hashmi Residency” project in Patna was not sustainable, after finding that he had accepted an alternative flat in another project towards adjustment of his share. The single bench of Inquiry Commissioner Sanjaya Kumar Singh said the subsequent agreement signed by the parties reflected their consent to the adjustment of the complainant's share. ...

LiveLawBiz RERA Cases Weekly Digest: May 18 - May 23, 2026

NOMINAL INDEXAdmire Infrazone Pvt. Ltd. v. Chhattisgarh Real Estate Regulatory Authority & Anr., 2026 LLBiz HC (CHH) 13R. C. Sood & Co. Developers Pvt. Ltd. v. Shri Sharad Maheshwari & Anr., 2026 LLBiz HC (DEL) 510Sudhir Vitthal Mulay v. Rui Universal Realties, 2026 LLBiz REAT (MH) 33Megha Chowdhri & Anr. v. M/s Omaxe New Chandigarh Developers Pvt. Ltd., 2026 LLBiz RERA (PB) 82Shri Mani Pranjal Saikia v. M/s Aradhya Builders and Developers, 2026 LLBiz RERA(AS) 83Naresh Moturam...

Provisional Flat Allotment Given As Loan Security Does Not Create Allottee Rights: Maharashtra RERA

The Maharashtra Real Estate Regulatory Authority (RERA) has recently held in a case that a provisional flat allotment issued merely as security for a loan did not conclusively establish a promoter-allottee relationship while dismissing a complaint by a man seeking a refund or possession of a flat in Shree Tirupati Greenfield's “Siddheshwar Gardens” project. Member Ravindra Deshpande said the Provisional Reservation Letter relied upon by complainant Naresh Moturam Bhojwani had to be read in its...

WhatsApp Chats, EMI Records Insufficient To Prove Full Flat Payment; Assam RERA Refuses Relief To Homebuyer

The Assam Real Estate Regulatory Authority (RERA) recently declined to immediately direct execution of a sale deed in a homebuyer dispute, holding that WhatsApp chats, loan approval documents, and EMI records were not enough to establish full and final payment for a flat without proper receipts or authenticated bank statements. Chairman Paban Kr. Borthakur observed, "However, upon careful consideration, it is observed that the material produced by the complainant does not present a clear...

Plot Seller With Development Obligations May Fall Within RERA Promoter Definition: Chhattisgarh High Court

The Chhattisgarh High Court has recently held that a company that agrees to develop land, obtain statutory approvals, and secure RERA registration before selling plots could prima facie be treated as a promoter under the real estate law. A Division Bench of Justice Parth Prateem Sahu and Justice Sachin Singh Rajput dismissed an appeal filed by Admire Infrazone Pvt. Ltd. against a Chhattisgarh Real Estate Appellate Tribunal order remanding a plot buyer's complaint to RERA for fresh adjudication....

Homebuyers Cannot Seek Refund Of Contractually Agreed Super Area Charges: Punjab RERA

The Punjab Real Estate Regulatory Authority has recently held that a developer cannot unilaterally charge homebuyers for any increase in carpet area or super area unless such charges are expressly agreed upon in the buyer's agreement. However, it refused to order refund of super area-based amounts paid by buyers in a case against Omaxe New Chandigarh Developers Pvt. Ltd., after finding that the pricing structure had been clearly disclosed and accepted by the buyers at the time of booking.Member...

Delhi HC Upholds ₹18 Lakh Refund To Homebuyers, Says Builder Coerced Buyers Into Full And Final Settlement

The Delhi High Court has upheld a trial court decree directing R. C. Sood & Co. Developers Pvt. Ltd. to refund ₹18 lakh to Sharad Maheshwari and Vandana Maheshwari. The court found that the developer had illegally cancelled their villa allotment and effectively coerced them into accepting a purported “full and final settlement.” Justice Neena Bansal Krishna dismissed the developer's appeal. She observed that settlements extracted without free consent cannot extinguish a buyer's claim. “It...

Maharashtra REAT Bars RERA Relief For Rehabilitation Flat Disputes In Redevelopment Projects

The Maharashtra Real Estate Appellate Tribunal (REAT) on 4 May held that existing housing society members cannot seek relief under the Real Estate (Regulation and Development) Act, 2016 in disputes relating to rehabilitation flats allotted in redevelopment projects, as such disputes arise from the development agreement executed between the society and the developer. Members Shriram R. Jagtap (J) and Dr. Rajagopal Devara (A) dismissed an appeal filed by Sudhir Vitthal Mulay against Rui Universal...