WBREAT: Extension Of Project Registration Under Section 6 Of RERA Cannot Exceed One Year

West Bengal Real Estate Appellate Tribunal (“Tribunal”) bench comprising Justice Rabindranath Samanta (Chairperson) and Dr. Subrat Mukherjee (Administrative Member) held that under Section 6 of the RERA Act, a project's registration cannot be extended for more than one year. Background Facts Builder (Respondent No. 1) applied for registration of its housing project named “Essense” before the West Bengal Housing Industry Regulatory Authority under the West Bengal Housing Industry ...

Haryana RERA Directs Neo Developers To Pay Assured Returns And Execute Conveyance Deed In Favour Of Homebuyer

Haryana Real Estate Regulatory Authority (“Authority”) bench comprising of Arun Kumar (Chairperson) directed Neo Developers to pay assured returns of ₹26,000 per month to the homebuyer and to execute the conveyance deed in the homebuyer's favour. Monthly assured returns projects are schemes where builders promise to pay a fixed amount to homebuyers at regular intervals (usually monthly) for a specified period. Background Facts Homebuyer (Complainant) brought a flat in the...

MahaRERA Holds Pune Based Builder Calyx Spaces Liable For Failing To Complete Project, Grants Relief To 60 Homebuyers

Maharashtra Real Estate Regulatory Authority (“Authority) bench comprising of Manoj Saunik (Chairperson) granted relief to 60 home buyers by holding Calyx Spaces, a Pune-based builder liable for failing to complete the project. As per the contractual terms, the builder was required to hand over possession of the flats between 2020 and 2023. Background Facts 67 Homebuyers (Complainants) purchased flats in the builder's (Respondent) project named “Atulya Building 5 & 8” located in ...

Failure To Deliver Possession: Haryana RERA Orders Parsvnath Developers To Pay Monthly Returns, Execute Conveyance Deed

Haryana Real Estate Regulatory Authority (“Authority) bench comprising of Ashok Sangwan (Member) directed Parsvnath Developers to pay assured returns, hand over possession of the commercial unit, execute the conveyance deed and enter into a buyer's agreement with the complainant. The builder had sold the commercial unit under an MOU arrangement in 2006 but did not enter into any written buyer agreement with the buyer. The possession, which was scheduled for 2009 was also not handed...

Tamil Nadu RERA Holds Casa Grande Builders Liable For Collecting Late Fee From Homebuyer, Directs Refund With Interest

Tamil Nadu Real Estate Regulatory Authority (“Authority”) bench comprising Dr. L. Subramanian (Member) and M. Krishnamoorthy (Member) held, Casa Grande Homes liable for wrongfully charging late fee from Homebuyer despite timely payments. Authority directed the Builder to refund the charged late fee along with interest and litigation costs to the Homebuyer. Background Facts Homebuyer (Complainant) purchased a Flat in the Builder's (Respondent) project named “ECR 14” located in...

Haryana REAT Sets Aside RERA Order Rejecting Inspire Parking Nest's Project Registration Application Due To Lack Of Quorum

Haryana Real Estate Appellate Tribunal (“Tribunal”) bench comprising Justice Rajan Gupta (Chairperson) and Rakesh Manocha (Member–Technical) sets aside the order of Haryana Real Estate Regulatory Authority (“Authority”) rejecting the application for registration of the Commercial Colony promoted by Inspire Parking Nest Pvt. Ltd. Tribunal held that the Authority which consists of a Chairperson and two Members must decide with proper quorum under Section 29 of the RERA Act. Since the...

Haryana RERA Orders Vatika To Pay Delay Interest And Execute Conveyance Deed In Favour Of Homebuyer

Haryana Real Estate Regulatory Authority (“Authority”) bench compromising of Arun Kumar (Chairperson) directed Vatika to pay interest for the delay in handing over possession and to execute the conveyance deed in favour of the homebuyer. Background Facts Homebuyer (Complainant) purchased a flat in the builder's (Respondent) project “High Street at INXT” located in Sector 83, Gurugram. The total sale consideration was Rs. 1.41 crore and in total the homebuyer paid Rs. 1.53 crore to...

Commercial Unit Buyers Not Barred From Seeking Arbitration Relief After Availing Remedies Under RERA: Delhi High Court

The Delhi High Court bench of Justice Pratibha M. Singh and Justice Shail Jain has held that Buyers of commercial units are not prohibited from seeking arbitration relief subsequent to availing remedies under RERA, provided that the arbitration petitions were filed after a change in circumstances. Background The Appellants had entered into a Memorandum of Understanding (MoU) with Neo Developers for booking commercial units in New Square Mall, Gurugram. Disputes arose between the...

West Bengal REAT Dismisses RERA Complaint As Complainants Had Already Filed Identical Case Before State Consumer Commission

West Bengal Real Estate Appellate Tribunal (“Tribunal”) bench comprising of Justice Rabindranath Samanta (Chairperson) and Dr. Subrat Mukherjee (Administrative Member) held that a complainant cannot simultaneously pursue identical reliefs before the State Consumer Commission (“Commission”) and the Real Estate Regulatory Authority (“Authority”). The Tribunal applied the doctrine of election and dismissed the complaint before Authority since the same reliefs were already sought before the...

Tamil Nadu RERA Directs Alliance Group To Refund Money Deducted As Cancellation Fee To Homebuyer

Tamil Nadu Real Estate Regulatory Authority Bench, comprising Dr. L. Subramanian (Member) and Adv. M. Krishnamoorthy (Member) directed Alliance Group to refund Rs. 50,000 to the homebuyer. The amount was deducted as a cancellation fee for a flat after the homebuyer cancelled the booking when the possession date was shifted from 2018 to 2020. Background Facts Homebuyer (Complainant) purchased a flat in the builder's (Respondent) project named “Augustus Alliance Galleria” located in...

Simultaneous Legal Proceedings In Consumer Forum And RERA Not Sustainable: West Bengal Real Estate Appellate Tribunal

The West Bengal Real Estate Appellate Tribunal, Kolkata bench comprising Rabindranath Samantha, Chairperson and Subrat Mukherjee, Administrative member has held that simultaneous legal proceedings in the consumer forum and before the Real Estate Regulatory Authority in respect of the same cause of action cannot be pursued. Brief facts: M/s M.S Enterprise is a partnership firm ('promoter') carrying on the business of development and construction works. Parbind Pandit and Mita Roy...

Haryana RERA Directs Imperia Structures To Pay Assured Returns To Complainant

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member) directed Imperia Structures to pay assured returns to complainant who purchased an office in their IT Park. While directing the builder, the Authority clarified that if an allottee is entitled to both assured return and delay possession charges, the allottee shall receive whichever is higher. Background Facts Complainant purchased a virtual space office in the builder's (Respondent) IT...