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...

Telangana RERA Says Buyers Who Paid For Beccun Flats Are Allottees Even Without Sale Agreement

The Telangana Real Estate Regulatory Authority (RERA) has recently held that buyers in the delayed “Beccun Life Style” project in Kompally, Hyderabad cannot be denied the status of allottees merely because formal agreements for sale were not executed, where they had paid substantial amounts and were allotted flats. Rejecting objections raised by Beccun Infrastructure Limited, the Authority held that such buyers are entitled to be treated as allottees and can maintain complaints before it. ...

LiveLawBiz RERA Cases Weekly Digest: 27th April to 2nd May, 2026

Nominal Index Janak Laxmichand Bhavsar & Ors. v. M/s. Aditya Developers & Ors., 2026 LLBiz REAT (MH) 28CCI Projects Private Limited v. Ramesh Shivsaran Singh & Ors. (and connected appeals), 2026 LLBiz REAT (MH) 27Tarun Chatterjee v. M/s Sai UVR Properties Ltd., 2026 LLBiz RERA(TN) 74Mohammed Iqbal Khan v. Casa Grande Garden City Builders Pvt Ltd, 2026 LLBiz RERA(KA) 75Real Estate Appellate TribunalMaharashtra REATHomebuyers Can't Enforce Rights Against New Developer After Termination...

Karnataka RERA Orders BDA To Refund ₹11.46 Lakh Collected Despite Full Payment Before Cut-Off Date

The Karnataka Real Estate Regulatory Authority has directed the Bangalore Development Authority to refund Rs.11.46 lakh collected from a homebuyer, holding that the amount could not have been demanded once the entire sale consideration had already been paid before the government's cut-off date.“When the complainant had deposited an entire sale consideration on 28.10.2021 itself much prior to cut-off date 30.11.2021, the respondent could not have demanded/insisted the complainant to pay the said...

LiveLawBiz RERA Cases Monthly Digest: April 2026

NOMINAL INDEXRare Townships Private Limited v. Mitul Gada, 2026 LLBiz HC (BOM) 173M/s Sai Enterprises v. Sangeeta Ravi Punjabi & Ors., 2026 LLBiz HC (BOM) 232Gera Developers Private Limited v. State of Maharashtra & Ors., 2026 LLBiz HC (BOM) 184Sanroyal Builders and Contractors Pvt Ltd & Anr. v. Divya Balu, 2026 LLBiz HC (KER) 67Vandana Parvez v. IVR Hotels and Resorts Ltd. & Ors., 2026 LLBiz HC (MAD) 104Nidhi Sao v. Greenearth Infraventures Private Limited, 2026 LLBiz HC (CHH)...

Homebuyers Can't Enforce Rights Against New Developer After Termination of Erstwhile Builder's Contract: MahaREAT

The Maharashtra Real Estate Appellate Tribunal (REAT) has held that homebuyers who executed agreements for sale with an erstwhile developer cannot enforce their claims for possession, interest, or other entitlements arising from those agreements against the society or a new developer due to the absence of privity of contract. Dismissing the appeals, the tribunal upheld the order dated August 26, 2024 passed by MahaRERA, rejecting the homebuyers' claims for possession, interest, and cancellation...

Karnataka RERA Orders Casagrand To Compensate Buyer For Premature Demands Without Proof Of Construction

The Karnataka Real Estate Regulatory Authority (KRERA) has held that a developer cannot raise construction-linked payment demands without substantiating the stage-wise progress with architect or engineer certificates, faulting Casa Grande Garden City Builders Pvt Ltd for issuing premature demand letters without any such proof. Adjudicating Officer Maheshwari S. Hiremath found that the developer had failed to produce “a single iota of evidence” to show that the payment demands were backed by...

RERA Overrides Contract Act, Homebuyers Can Claim Interest for Delay Despite Continued Payments: Maharashtra REAT

The Maharashtra Real Estate Appellate Tribunal (REAT) has recently held that homebuyers can claim interest for delayed possession under the Real Estate (Regulation and Development) Act, 2016 even if they continued making payments after the promised possession date. A bench of Judicial Member Shriram R. Jagtap and Administrative Member Rajgopal Devara rejected the developer's reliance on Section 55 of the Indian Contract Act, 1872 to argue waiver of claims. The tribunal said, “The substantive...