RERA
Only Promoter, Allottee Or Agent Can Be Made Party Under RERA: Odisha REAT Removes Site In-Charge From Complaint
The Odisha Real Estate Appellate Tribunal (OREAT) has held that under Section 31 of the Real Estate (Regulation and Development) Act, 2016, only statutorily recognised parties such as promoters, allottees, or real estate agents can be made respondents in a complaint, setting aside an order rejecting a site in-charge's plea for deletion from a flat dispute. The tribunal struck off the name of Soumya Ranjan Jena, described as the in-charge of the building site, holding that he did not fall within...
Limitation Act Not Applicable To Homebuyer Complaints Before RERA: Chhattisgarh High Court
The High Court of Chhattisgarh has recently held that complaints filed under Section 31 of the Real Estate (Regulation and Development) Act, 2016, before the Real Estate Regulatory Authority (RERA) or its Adjudicating Officer are not subject to the three-year limitation period prescribed under Article 137 of the Limitation Act, 1963. Setting aside a tribunal's suo motu order that had dismissed a homebuyer, Nidhi Sao's complaint as time-barred, the court remanded the matter for fresh...
RERA Can Probe Developers' Financial Affairs; Madras High Court Remands Aavisa Township Dispute To TNRERA
The Madras High Court has recently held that authorities under the Real Estate (Regulation and Development) Act, 2016 can examine the “affairs” of promoters (developers), including financial dealings, while dealing with complaints by homebuyers. It set aside orders of TNRERA and TNREAT and remanded the Aavisa Golf Township dispute for fresh consideration, including whether the Kotak Mahindra entities qualify as “promoters” under the Act. A Division Bench of Justice R. Suresh Kumar and Justice...
RERA Orders Not Civil Decrees, Recoverable As Arrears Of Land Revenue: Kerala High Court
The Kerala High Court has held that amounts awarded by the Real Estate Regulatory Authority (RERA) can be recovered as arrears of land revenue under the Real Estate (Regulation and Development) Act, 2016, and that such orders do not amount to “decrees” requiring execution through civil courts. By dismissing an appeal moved by Sanroyal Builders and Contractors Pvt. Ltd. and its managing director against homebuyer Divya Balu, the Court has effectively allowed the recovery process under the RERA...
LiveLawBiz RERA Cases Weekly Digest: April 13- April 18, 2026
Nominal IndexNBCC (India) Ltd. v. NBCC Imperia Residents' Welfare Association (NIRWA) & Anr., 2026 LLBiz REAT (OD) 23 Jessica Arun Naidu & Ors. v. M/s Expat Projects and Development Pvt. Ltd. & Ors., 2026 LLBiz REAT (MH) 24Bitragunta Venkata Kalyana Chakravarthy and Others vs. Sobha Limited, 2026 LLBiz RERA(KA) 69Gourav Gupta & Anr. vs Mantri Developers Private Limited, 2026 LLBiz RERA(KA) 66Mridula Krishnapur v. Bangalore Development Authority, 2026 LLBiz RERA(KA) 68Subhash...
Karnataka RERA Orders Surya Homes, Bagpack Suites To Pay ₹12 Lakh Annual Rent Loss To Homebuyer
The Karnataka Real Estate Regulatory Authority (KRERA) has recently directed Surya Homes and its hospitality partner Bagpack Suites Bangalore Private Limited to pay Rs 12 lakh per annum towards loss of rent and Rs 2 lakh towards mental agony to homebuyer Subhash Dhekne for failing to hand over physical possession of a flat despite executing the sale deed. The Authority held that mere execution of a sale deed does not complete a promoter's obligations in the absence of actual handover of...
Resort Villas Sold By Keemaya Resorts Under Leaseback Model Must Be Registered; Buyers Are Allottees: Rajasthan RERA
Holding that resort villas sold by Keemaya Resorts under a Perpetual Lease Aggregation Agreement (sale-and-leaseback model) are part of a “real estate project” under the Real Estate (Regulation and Development) Act, 2016, the Rajasthan Real Estate Regulatory Authority (RERA) ruled that such projects must be registered and that buyers qualify as “allottees.”A coram of Member Sudhir Kumar Sharma observed, “All these documents whether it is brochure of the project or sale deed and PLAA executed in...
'Delays Shatter Homebuyers' Dreams': Karnataka RERA Orders BDA To Pay ₹56 Lakh For Delay In Providing Amenities
Warning that delays by developers can shatter homebuyers' lifelong investment-backed aspirations, the Karnataka Real Estate Regulatory Authority has directed the Bangalore Development Authority (BDA) to pay Rs 56.03 lakh as interest compensation to a homebuyer for delay in providing basic amenities in the Nadaprabhu Kempegowda Layout (NPKL) project in Bengaluru. Holding that mere execution of a sale deed or handing over possession without basic infrastructure does not amount to a valid...
Maha RERA Appellate Tribunal Rejects Expat Vida Homebuyers' Notional Claims, Says Proof Of Loss Needed
The Maharashtra Real Estate Appellate Tribunal (MREAT) has recently held that compensation cannot be awarded to homebuyers in the absence of proof of actual loss, ruling that notional claims such as loss of property appreciation, time value of money, missed investment opportunities, EMI burden, inflation, and increased cost of living are insufficient to determine compensation under the Real Estate (Regulation and Development) Act, 2016. Holding that the appellants had failed to establish any...
Odisha REAT Holds Builders Cannot Retain Maintenance Funds Without Audited Accounts
The Odisha Real Estate Appellate Tribunal (REAT) has held that a builder cannot withhold residents' funds unilaterally without maintaining transparent accounts supported by authenticated records or audited statements to justify utilisation of maintenance funds. A Bench comprising Chairperson Justice P. Patnaik and Members S.K. Rajguru and Dr. B.K. Das directed NBCC (India) Ltd. to refund the Interest Free Maintenance Security (IFMS) amount of Rs. 2,32,54,200 to the NBCC Imperia Residents'...
Promoter Cannot Escape Post-Possession Obligations: Himachal Pradesh RERA
The Himachal Pradesh Real Estate Regulatory Authority has held that a promoter's obligations under Sections 11 and 14 of the Real Estate (Regulation and Development) Act, 2016 (the Act) are continuous and non-delegable, requiring strict compliance with sanctioned plans and provision of all essential services even after handing over possession. The Authority comprising Chairperson R.D. Dhiman and Member Vidur Mehta allowed the complaint filed in relation to the “New Town Baddi” project and...
Telangana RERA Orders Suo Moto Probe Against Sohini Builders Over Inclusion Of Private Plots In Registered Project
The Telangana Real Estate Regulatory Authority on April 6, 2026 ordered suo motu proceedings against Sohini Builders LLP over allegations that it included privately owned plots in a registered project without consent, even as it dismissed complaints filed by two plot owners as not maintainable.At the heart of the ruling was the nature of the relationship. The Authority found that the complainants were not “allottees” under the Act and had no direct transactional link with the promoter, which is...