RERA
When Both Developer, Allottee Are At Fault, Neither Can Seek Specific Performance Or Earnest Money Forfeiture: Punjab RERA
The Punjab Real Estate Regulatory Authority has held that where both an allottee and a developer breach their respective obligations, neither side would ordinarily be entitled to specific performance or forfeiture of earnest money.The Authority, headed by Chairman Rakesh Kumar Goyal, directed the Punjab Urban Planning and Development Authority (PUDA) to refund ₹21 lakh deposited by the allottee with interest. The total amount payable was ₹43.68 lakh as on August 31, 2026.Finding defaults on both...
Transfer Of Stamp Duty, Registration Amount To Bank Not Proof Of Payment: Bombay High Court
The Bombay High Court has recently held that transferring money to a bank account for payment of stamp duty and registration charges does not by itself establish that the charges were actually paid to the concerned authorities. Justice Sandeep V. Marne made the observation while setting aside orders of the Maharashtra Real Estate Regulatory Authority (MahaRERA) and Maharashtra Real Estate Appellate Tribunal (MahaREAT) directing JP Builders and Developers to execute a registered agreement for...
No Fixed Limitation For Compensation Claims, Must Be Filed Within Reasonable Time: RERA Gurugram
The Gurugram Haryana Real Estate Regulatory Authority (HRERA) on 11 September held that the Real Estate (Regulation and Development) Act, 2016 does not prescribe a specific time limit for an allottee to file a complaint seeking compensation, and whether a complaint was filed within a reasonable time must be determined in light of public policy. Adjudicating Officer Rajender Kumar held this while awarding Rs. 11.24 lakh compensation to Shashi Rastogi and Colonel Rajendra Kumar Rastogi (Retd.)...
AP RERA Directs Anjani Projects To Hand Over Incomplete Project To Landowners After 12-Year Delay
The Andhra Pradesh Real Estate Regulatory Authority (AP RERA) on 1 September directed Anjani Projects to hand over an incomplete real estate project to the landowners within 15 days, after finding that the developer had failed to complete the project for nearly 12 years. A Bench comprising Members E. Rajasekhara Reddy and A. Jagannadha Rao passed the common order in execution petitions filed by the landowners against Anjani Projects, represented by its proprietor Kanupuru Seshavardhana Reddy,...
TNREAT Upholds ₹2.36 Lakh Refund Against Arun Excello, Reiterates Promoter Cannot Sell Stilt Parking
The Tamil Nadu Real Estate Appellate Tribunal (TNREAT) on 16 September reiterated that a promoter cannot sell or separately charge for a reserved car parking space in the stilt area of a residential building. A Bench comprising Chairperson Justice M. Duraiswamy and Judicial Member K. Babu upheld Tamil Nadu Real Estate Regulatory Authority's (TNRERA) direction requiring Arun Excello Constructions LLP to refund Rs. 2.36 lakh collected from homebuyer Meenakshi S. towards covered parking in its...
Flat Not Ready For Possession Without Basic Amenities Like Water, Electricity: Telengana RERA
The Telangana Real Estate Regulatory Authority (TGRERA) has ruled that a flat cannot be treated as ready for possession merely because construction is complete or an Occupancy Certificate has been obtained. Basic facilities such as potable water and electricity must also be available.A bench comprising Member Laxmi Narayana Jannu and Member K. Srinivasa Rao imposed a ₹32.17 lakh penalty on Janapriya Projects Pvt. Ltd. for accepting booking money before registering its “Sitara at Janyapriya Lake...
Rajasthan RERA Says Cancelled Allotment Requires Refund, Awards ₹1 Lakh Compensation To Homebuyers
The Rajasthan Real Estate Regulatory Authority (RERA) on 16 September awarded Rs. 1 lakh compensation to homebuyers in the “Surya Residency” project after promoter Ravi Surya Affordable Homes Pvt. Ltd. retained their Rs. 1.45 lakh booking amount despite cancelling the allotment. Adjudicating Officer R.S. Kulhari passed the order on a compensation claim by Seema Devi and other homebuyers, directing the promoter to pay Rs. 1 lakh for retaining their booking amount after cancellation of the...
LiveLawBiz RERA Cases Weekly Digest: September 14-September 20 , 2026
NOMINAL INDEXRahul Parasrampuria v. The State of West Bengal & Others, 2026 LLBiz HC(CAL) 219Sunstar Homes v. The State of Goa & Ors., 2026 LLBiz HC(CAL) 218Trendset Jayabheri Projects LLP and Others v. Neelima Vanguru, 2026 LLBiz REAT (TS) 69M/s Vasavi Realtors LLP v. Taru Trivedi & connected matters, 2026 LLBiz REAT (TS) 66Neelkamal Realtors Suburban Pvt. Ltd. v. Ketan Ashokrao Nage & Connected Matters, 2026 LLBiz REAT (MH) 71RA Residences Co-operative Housing Society Ltd. v....
Maharashtra REAT Allows Homebuyers To Withdraw Pre-Deposit Over Prolonged Possession Delay, EMI-Rent Burden
The Maharashtra Real Estate Appellate Tribunal (MahaREAT) has recently allowed two homebuyers to withdraw amounts deposited by Neelkamal Realtors Suburban Pvt. Ltd. as the mandatory pre-deposit for its appeals, after finding that prolonged possession delays had left them paying both EMIs and rent.In one case, the project remained incomplete for more than four years. In the other, possession was due by December 31, 2014, while the homebuyer had paid 92.8% of the consideration through an HDFC Bank...
Maharashtra REAT Penalises RA Associates 2% Of Project Cost For Altering Plan Without Allottees' Consent
On 16 September, the Maharashtra Real Estate Appellate Tribunal (MahaREAT) penalised RA Associates and its partners, promoters of the “RA Residences” project in Mumbai, with a penalty equivalent to 2% of the project cost for altering the disclosed project plan and increasing the Floor Space Index (FSI) of the commercial building without obtaining the prior informed consent of the allottees. A Bench comprising Chairperson Justice S.S. Shinde and Administrative Member Shrikant M. Deshpande also...
Landowner Liable For Project Registration Despite Developer Agreement: Rajasthan RERA
The Rajasthan Real Estate Regulatory Authority (RERA) has held that a landowner cannot avoid statutory obligations under the Real Estate (Regulation and Development) Act, 2016, merely because a development agreement assigns construction and other development responsibilities to a developer.The authority penalised developer Siddharth Landmark LLP and landowner Brajesh Saxena ₹1 lakh each for violating the registration requirement under the Act in connection with the unregistered multi-storey...
TNRERA Rejects Builder's 2027 Possession Date Plea After Earlier Handover Promise, Directs Interest
The Tamil Nadu Real Estate Regulatory Authority (TNRERA) on 3 September held that a builder cannot rely on a distant contractual possession date when it had separately committed to an earlier handover through its own communications. A Bench of Chairperson K. Phanindra Reddy with Members A. Nazir Ahamed and Reeta Harish Thakkar directed Casa Grande Smart Values Homes to pay delay interest to a homebuyer who had booked a villa in its Casagrand Divinity project in Chengalpattu. The Authority...