Homebuyer Forced To Vacate Flat After Taking Possession Due To Unsafe Construction, Haryana RERA Directs NBCC To Pay Compensation

Haryana Real Estate Regulatory Authority (Authority) Bench, Comprising of Rajender Kumar (Adjudicating Officer) has directed National Buildings Construction Corporation Limited (NBCC) to compensate the homebuyer for rental expenses and mental agony after they were forced to vacate their flat as the project was found unsafe for living due to its unsafe construction after taking possession. NBCC is a Public Sector Undertaking (PSU) in real estate and it has multiple projects across Delhi...

Haryana RERA Directs Emaar India To Pay Interest To Homebuyer Of Emerald Hills Floors Project

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Vijay Kumar Goyal (Member), has directed M/s Emaar India Ltd to pay interest to homebuyer from its Emerald Hills Floors Project for delayed possession. Background Facts Homebuyer (Complainant) purchased a flat in the builder's (Respondent) project named "Emerald Hills Floors" located in Sector 65, Gurugram through an assignment letter dated June 6, 2018. The flat was originally booked by the previous owners under...

Haryana RERA Orders Agrante Developers To Refund Amount Paid By Homebuyer

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Arun Kumar (Chairman), has directed Agrante Developers to refund Rs.9.47 Lakhs with interest to homebuyer who purchased a flat in their Beethoven's 8 Project. Background Facts Homebuyer (Complainant) purchased a flat in the builder's (Respondent) project named Beethoven's 8 located in Sector 107, Gurugram by paying an advance of Rs.9,47,000. He decided to proceed with the purchase based on the builder's assurance...

MahaREAT - Society That Owns Land On Which It Is Established and Authorizes Developer For Redevelopment Falls Under Definition Of Promoter

Maharashtra Real Estate Appellate Tribunal (Tribunal), comprising Justice Shriram R. Jagtap (Judicial Member) and Shrikant M. Deshpande (Technical Member) has held that society owning land and authorizing a developer for redevelopment falls under the definition of Promoter under Section 2(zk) of RERA,2016. Background Facts In this case, the Society (Appellant) entered into a redevelopment agreement in 2011 with the builder (Respondent No. 4) to demolish an old building and construct...

Haryana RERA Directs Ocean Seven Buildtech To Pay Interest To Seven Homebuyers For Delayed Possession

Haryana Real Estate Regulatory Authority (Authority) bench comprising Arun Kumar (Chairman), Ashok Sangwan (Member) and Vijay Kumar Goyal (Member) has directed Ocean Seven Buildtech to pay interest to the seven homebuyers of the Golf Heights project located at Sector 69, Gurugram for the delay in handing over possession. Background Facts Seven homebuyers (Complainants) purchased flats in the builder's (Respondent) Affordable Housing project named Golf Heights, located in Sector 69,...

Annual Digest Of Real Estate Cases: 2024

Ministry of Housing and Urban Affairs (MOHUA) The Ministry Of Housing And Urban Affairs Releases Report On The Implementation Status Of The Real Estate (Regulation & Development) Act The Ministry of Housing and Urban Affairs (MOHUA) has released the implementation status report of the Real Estate (Regulation & Development) Act, 2016, commonly known as RERA, in India. Karnataka High Court Karnataka HC Directs State Government To Appoint Chairperson And Members To...

Real Estate Monthly Digest : December 2024

Haryana Real Estate Regulatory Authority Haryana RERA Directs Anant Raj Builders To Pay Interest, Execute Conveyance Deed In Favor Of Homebuyer Case – Mohit Bansal Versus M/s. Anant Raj Ltd Citation – Complaint No: 6493 Of 2022 Haryana Real Estate Regulatory Authority (Authority) bench comprising of Ashok Sangwan (Member) has directed M/s. Anant Raj Ltd to pay interest for delay and execute conveyance deed in the favour of Homebuyer. Delay Of More Than 2.7 Years In...

Haryana RERA Holds Emaar India Right In Charging Rs. 34.75 Lakh For External And Infrastructure Development Charges

Haryana Real Estate Regulatory Authority (Authority) bench comprising Arun Kumar (Chairman), Vijay Kumar Goyal (Member) and Ashok Sangwan (Member) held that Emaar India was right in charging Rs. 34.75 lakhs from the complainant as External Development Charges (EDC) and Infrastructure Development Charges (IDC). Background Facts The complainant booked a Shop Cum Office plot in the builder's (Respondent) project named Emaar Business District located in Sector 114, Gurugram by paying a...

Haryana RERA Directs Signature Global To Pay Interest To Homebuyer Of Affordable Group Housing Project

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed M/s Signature Global India Private Limited to pay interest to homebuyer from its Affordable Group Housing Project for delayed possession. Affordable housing projects in Haryana provide housing unit at set prices and size for people with below-average household incomes. Background Facts: The homebuyer (Complainant) was allotted a flat in the builder's (Respondent) Affordable...

Half-Full: Post IBC, How Do We Encourage A Healthy Real Estate Participation?

The valuation of Indian real estate sector has witnessed a surge like none other. To wishful buyers, the sector still reeks of repulsive practices. Application of legal conventions such as RERA (Real Estate Regulation Act) and subsequently Insolvency and Bankruptcy code to tackle defaulting realtors have been some assurances from lawmakers.In the words of Ravi Mittal, Chief of IBBI (Insolvency and Bankruptcy Board of India), IBC may have played a key role in revival of real estate in the...

Haryana RERA Directs Ansal Builders To Refund Booking Amount Paid By Complainant For Purchasing Shop

Haryana Real Estate Regulatory Authority (Authority) bench comprising Ashok Sangwan (Member) has directed M/s Ansal Housing and Constructions Limited to refund the booking amount of 7 lakhs paid by the complainant for purchasing the shop. The complainant approached the authority after the builder retained the booking amount following the complainant's withdrawal from the project in 2022 due to delays in receiving possession of the shop. Background Facts The complainant booked a...

Haryana RERA - No Additional Compensation To Homebuyer When Interest For Delayed Possession Already Granted

Haryana Real Estate Regulatory Authority (Authority) Bench comprising Rajender Kumar (Adjudicating Officer) dismissed the homebuyer's complaint against M/s. Emaar MGF Land Limited seeking additional compensation. Authority held that no additional compensation can be granted to the homebuyer when delay possession compensation has already been granted along with interest under Section 18(1) of the RERA, 2016. Background Facts Homebuyer (Complainant) purchased a flat in the builder's ...