RERA
LiveLawBiz RERA Cases Weekly Digest: May 11 - May 16, 2026
Nominal IndexM/s DLF Limited v. Gautam Rana, 2026 LLBiz REAT (HR) 31Mehta & Modi Realty Kowkur LLP v. Mrs. Deepa Suraj Premi & Anr., 2026 LLBiz REAT (TS) 32Anuradha Konapala & Anr. v. M/s Aditya Construction Company Pvt. Ltd., 2026 LLBiz RERA(TS) 79Bhupesh Rana & Anr. v. Ambika Realcon Private Limited, 2026 LLBiz RERA(PB) 80Vikrant Vatsa v. M/s Pari Construction and Developers Pvt. Ltd., 2026 LLBiz RERA(BR) 81UP RERA Office Order - Uttar Pradesh Real Estate Regulatory Authority...
U.P. RERA Makes No-Lien Project Accounts Mandatory In Revised Bank Account Directions
The Uttar Pradesh Real Estate Regulatory Authority has revised its project account framework, tightening safeguards for homebuyer and project funds through stricter withdrawal controls, no-lien protections, and enhanced oversight of promoters and lenders. Describing project bank accounts as “the most sacrosanct," the Authority said changes to them would be permitted only in exceptional circumstances. The changes have been introduced through the “U.P. Real Estate Project (Maintenance and...
Completion Certificate Does Not Absolve Developer Of Providing Functional Promised Amenities: Bihar RERA
The Bihar Real Estate Regulatory Authority has held that a Completion Certificate does not free a developer from its obligation to ensure that promised amenities and essential services are actually functional for homebuyers. Inquiry Commissioner Sanjaya Kumar Singh said: "Mere issuance of a Completion Certificate does not absolve the promoter of its statutory obligations to ensure actual and functional provision of promised amenities and services to the allottees. The obligations of the...
Homebuyers' Right To Interest For Delayed Possession Cannot Be Defeated By Contract Terms: Punjab RERA
The Punjab Real Estate Regulatory Authority has recently held that a homebuyer's statutory right to interest for delayed possession cannot be defeated by contractual terms, while rejecting a developer's objections based on arbitration and alleged payment defaults.A coram of Member Binod Kumar Singh held, "At the outset it is held that the Act provides for payment of interest in case of delay in handing over of possession, and this legal right of an allottee cannot be defeated by the lack of...
Telangana REAT Upholds ₹11 Lakh Penalty On Builder For Using Sale Agreement Different From RERA-Uploaded Draft
The Telangana Real Estate Appellate Tribunal (REAT) has upheld a nearly ₹11.00 lakh penalty against developer Mehta & Modi Realty Kowkur LLP for executing a sale agreement with homebuyers that was materially different from the standard agreement it had uploaded before the Telangana RERA at the time of project registration. “The act of the appellant/promoter in changing the format and executing a completely different agreement of sale, even though some terms may be similar, is impermissible....
UP RERA Says Complaints Against Unregistered Projects To Be Heard After Deciding If Registration Was Required
The Uttar Pradesh Real Estate Regulatory Authority (UP RERA) has clarified that complaints by homebuyers in unregistered housing projects will be taken up on merits only after the authority first determines whether the project was required to be registered under the RERA framework.In an office order dated April 10, issued under Regulation 38 of the Uttar Pradesh Real Estate Regulatory Authority (General) Regulations, 2019, the authority operationalised amendments introduced last month to its...
Haryana REAT Rejects DLF Challenge To Refund Order, Holds Pre-Deposit Mandatory For Promoter Appeals
On 1 May, the Haryana Real Estate Appellate Tribunal (REAT) held that an appeal filed by promoters challenging a refund order under the Real Estate (Regulation and Development) Act, 2016 must necessarily be accompanied by the mandatory pre-deposit under Section 43(5). The Bench comprising Justice Rajan Gupta and Technical Member Dinesh Singh Chauhan refused to entertain the appeal filed by DLF Limited against a refund order passed in favour of homebuyer Gautam Rana, holding that compliance with...
Aditya Capitol Heights Builder Cannot Retroactively Deny Pre-EMI Benefit: Telangana RERA
The Telangana Real Estate Regulatory Authority has held that Aditya Construction Company Pvt. Ltd. cannot deny homebuyers in its Aditya Capitol Heights project the benefit of a Pre-EMI scheme after incorporating it into the sale agreement and acting on it by making payments. “Having accepted the Complainants under the scheme, executed the Agreement of Sale incorporating its terms, and made actual Pre-EMI payments thereunder, the Respondent is estopped from now asserting that the Complainants...
LiveLawBiz RERA Cases Weekly Digest: May 3 - May 9, 2026
Nominal IndexMalles Constructions Pvt. Ltd. v. Vasa Siva Naga Ganesh Kumar, 2026 LLBiz REAT (TN) 29Narendra Ramchand Ochani & Anr. v. Veena Realcon Private Ltd., 2026 LLBiz REAT (MH) 30N R Bhadrachalam v. Bangalore Development Authority, 2026 LLBiz RERA (KA) 76Prasenjith Kambde & Ors. v. M/s Beccun Infrastructure Limited, 2026 LLBiz RERA (TS) 77Vipin Kumar Singhal & Anr. v. Ahlawat Developers and Promoters Pvt. Ltd., 2026 LLBiz RERA (HP) 78Real Estate Appellate TribunalsMaharashtra...
Homebuyers Cannot Occupy Flat, Derive Benefit And Refuse Maintenance Charges: HP RERA
Holding that homebuyers who continue to occupy a flat and derive benefits from it cannot completely deny liability towards maintenance charges, the Himachal Pradesh Real Estate Regulatory Authority has held that allottees in the “Himachal One” project at Baddi must pay reasonable maintenance charges. The Coram of Chairperson R.D. Dhiman and Member Vidur Mehta observed: “Thus, once the allottee is in possession and is availing services- at least basic in nature- the liability to pay the...
Developers Need Not Refund GST, TDS, Stamp Duty While Refunding Flat Consideration: Maharashtra REAT
The Maharashtra Real Estate Appellate Tribunal has held that a developer cannot ordinarily be directed to refund GST, MVAT, TDS, stamp duty and registration charges paid by homebuyers to Government authorities. The ruling came while the Tribunal was ordering refund in a delayed housing project dispute. “We are of the view that the said taxes and duties were paid to the Government. The said amounts are not towards the consideration amount for the subject flat,” the tribunal said. "With regard...
Tamil Nadu REAT Upholds Appointment Of Engineer To Probe 'Malles Akankssha' Construction Irregularities
The Tamil Nadu Real Estate Appellate Tribunal (REAT) has upheld an order appointing an independent engineer to inspect alleged defects and irregularities in a villa project developed by Malles Constructions Pvt. Ltd., saying the exercise would help ascertain the alleged irregularities and defects and would not prejudice the developer. "Further, appointing an independent Engineer will not cause prejudice to the appellant/promoter in anyway. In fact, it will be helpful, not only to the...