RERA
Enforcement Officer Not An 'Authority' Under RERA Act, Orders Have No Force of Law: Madhya Pradesh REAT
The Madhya Pradesh Real Estate Appellate Tribunal (MP REAT) has recently held that an Enforcement Officer under the RERA law is not “the Authority” and therefore has no power to direct a developer to complete project amenities. The tribunal ruled that any such order is without jurisdiction and has no force in law. The bench, comprising Chairman Justice V.P.S. Chauhan and Judicial Member P.C. Gupta, while dealing with an appeal filed by Parth Developer against a 2022 order of a RERA...
Collective Grievances Under RERA Must Be Filed by Homebuyers' Associations, Not Individuals: MahaRERA
The Maharashtra Real Estate Regulatory Authority (MahaRERA) has held that collective grievances affecting a real estate project must be pursued by a homeowners' association or with the backing of a majority of allottees, and not by a few individuals acting in their personal capacity. Dismissing a complaint filed by five homebuyers of the 'Kohinoor Kaleido – Phase 1' project in Pune, a bench comprising Member Mahesh Pathak held that “In the absence of such authorization, issues of a collective...
K-RERA To Levy Penalties On Builders For Non-Submission Of Annual Audit Reports For FY 2024–25
The Karnataka Real Estate Regulatory Authority (K-RERA) has issued a circular mandating the imposition of annual penalties on promoters who have failed to submit their annual audit reports for their housing projects for the Financial Year 2024–2025. Despite the regulatory mandate, the authority noted that several projects had bypassed the final deadline of December 31, 2025, even though the initial statutory due date for the FY 2024–25 reports had been extended through earlier circulars on...
Carpet Area Means Net Usable Space, Cannot Be Diluted By Engineering Tolerance: WBREAT
The West Bengal Real Estate Appellate Tribunal (WBREAT) has held that “carpet area” must strictly conform to the statutory definition of net usable floor area. It ruled that promoters cannot rely on tolerance clauses, plaster thickness, or engineering explanations to justify a shortfall in the promised area. A coram of Chairperson Justice Rabindranath Samanta and Administrative Member Dr. Subrat Mukherjee observed that “the intention of law maker was to protect the interest of consumers in real...
WBREAT Upholds Interim Ban On Forum Projects From Selling or Transferring Kolkata 'Atmosphere' Project
The West Bengal Real Estate Appellate Tribunal has upheld an interim order against real estate developer Forum Projects Private Limited. The order restrains the company from selling, transferring, or otherwise dealing with any part of its luxury residential project “Atmosphere” on Kolkata's EM Bypass. A bench of Chairperson Justice Rabindranath Samanta and Administrative Member Dr. Subrat Mukherjee dismissed the developer's appeal. It held that “the interim directions passed by the learned...
Himachal Pradesh RERA Orders Unimaxx Builders To Pay ₹6.42 Lakh Pending Dues To Homebuyers
The Himachal Pradesh Real Estate Regulatory Authority (RERA) has upheld an execution order directing Unimaxx Builders to refund Rs 6.42 lakh to homebuyers, holding that objections raised by the developer were a “deliberate attempt to prevent the enforcement of a valid and final order” and were “patently misconceived.” The authority, comprising Chairperson R.D. Dhiman and Members Amit Kashyap and Vidur Mehta, ruled that the refund was payable under Section 18 of the Real Estate (Regulation and...
MahaRERA Declines To Rule On Whether Puzzle Parking Is A Common Area
The Maharashtra Real Estate Regulatory Authority (MahaRERA) has rejected a complaint by homebuyers of a Thane housing project seeking a ruling on whether puzzle parking qualifies as a common area under the Real Estate (Regulation and Development) Act, 2016, holding that it has no jurisdiction to decide the issue. “No provisions of the said Act provide this Authority with jurisdiction to decide a particular amenity as common or not. In the absence of the jurisdiction, this Authority...
'Coming Soon' Posters Are Ads, Bihar RERA Slaps ₹1 Lakh Cost On Developer For Advertising Unregistered Project
The Bihar Real Estate Regulatory Authority has held that even “Coming Soon” banners, pamphlets and site notice boards amount to advertising under the Real Estate (Regulation and Development) Act. It, therefore imposed a Rs 1 lakh penalty on PRU-RLDA Projects Pvt. Ltd. for promoting an unregistered project. In an order dated December 24, 2025, Inquiry Commissioner Sanjaya Kumar Singh held, “The material placed on record, consisting of a pamphlet inviting bookings for the project and/ or...
Tamil Nadu RERA Mandates Three Bank Accounts Per Real Estate Project To Track Homebuyer Funds
To ensure that money collected from homebuyers for one real estate project is not diverted to another, the Tamil Nadu Real Estate Regulatory Authority (TN RERA) has issued an order requiring promoters/builders to operate three separate and designated bank accounts for every registered project. The order, issued on December 12, 2025, will apply to all project registration and resubmission applications received from January 1, 2026 onwards.The Authority said the new framework is meant to bring...
HP High Court Questions Shifting Of RERA Office From Shimla To Dharamshala; Interim Order Restraining Shift To Continue
The Himachal Pradesh High Court admitted a petition challenging the decision of the State Government to shift the Real Estate Regulatory Authority office from Shimla to Dharamshala.The Court remarked that RERA was a small institution with limited manpower and that the State ought to consider relocating larger offices instead of burdening a statutory authority with minimal staff.A Division Bench of Chief Justice G.S. Sandhawalia and Justice Jiya Lal Bhardwaj remarked that: “the interim order is...
CPC Provision For First-Stage Rejection Of Complaints Not Applicable To RERA If Actionable Claims Exist: HP RERA
The Himachal Pradesh Real Estate Regulatory Authority (HP RERA) has recently held that a complaint disclosing a prima facie cause of action under the Real Estate (Regulation and Development) Act, 2016 cannot be rejected at the threshold by invoking a Civil Procedure Code provision meant for rejection of complaints.A coram comprising Chairperson R D Dhiman and Members Amit Kashyap and Vidur Mehta, in an order dated December 22, 2025, said RERA proceedings are summary in nature and factual...