No Retention of Flat Booking Amount On Buyer's Voluntary Exit From Purchase Without Forfeiture Clause: HP RERA

The Himachal Pradesh Real Estate Regulatory Authority (HP RERA) has recently held that a prospective homebuyer's voluntary withdrawal from a proposed flat purchase did not justify retention of the booking amount in the facts of the case, and directed a developer to refund ₹1.01 lakh paid towards booking of a flat. The order was passed by Chairperson R.D. Dhiman and Member Vidur Mehta while allowing a complaint filed by Shimla resident Vimal Sana against Rajdeep and Company Infrastructure...

Telangana REAT Upholds “Aparna Sunstone” Registration, Limits RERA To Allottees Or “Aggrieved Persons”

On 8 June, the Telangana Real Estate Appellate Tribunal (REAT) held that persons claiming independent ownership rights over project land cannot challenge the registration of a project under the Real Estate (Regulation and Development) Act, 2016, where they are neither allottees nor “aggrieved persons” under the Act, and that such disputes fall outside the jurisdiction of RERA. Chairperson Justice A. Santhosh Reddy and Judicial Member P. Pradeep Kumar Reddy dismissed an appeal filed by N.L. Ravi...

Promoters Cannot Evade RERA, MOFA Obligations By Terming Flat Payments 'Interest-Free Deposits': Maharashtra RERA

The Maharashtra Real Estate Regulatory Authority (MahaRERA) has held that purchasers of two flats in the "Godrej Avenue Eleven – Tower B" project were entitled to be treated as allottees and claim interest for delayed possession, even though no agreement for sale had been executed in their favor. Member Ravindra Deshpande held that the erstwhile promoter, co-promoter, and successor promoter were jointly and severally liable for obligations arising from the project. "The continuous...

Bombay HC Upholds MRT Orders, Holds RERA Appellate Tribunal Not Established By Appointment Of Members Alone

The Bombay High Court on Monday upheld the jurisdiction of the Maharashtra Revenue Tribunal (MRT) to hear appeals under the Real Estate (Regulation and Development) Act before the Maharashtra Real Estate Appellate Tribunal (MahaREAT) became functional. The court ruled that the appellate tribunal could not be regarded as established merely because its chairperson and members had been appointed. Justice Madhav J. Jamdar dismissed a batch of appeals filed by Runwal Constructions and related...

Right To Interest For Delayed Possession Cannot Be Waived Through Consent Letter: Punjab RERA

The Punjab Real Estate Regulatory Authority has reiterated that a plot buyer's statutory right to claim interest for delayed possession cannot be defeated by a consent undertaking executed in favour of a developer. The Authority consequently directed ATS Estates Pvt. Ltd. to pay interest to buyers of a plot in its ATS Golf Meadows-5 project at Derabassi. A bench of Member Arunvir Vashista rejected the developer's reliance on a consent letter signed by the buyers in January 2023. Referring to...

Haryana RERA Orders Elan Limited To Refund Commercial Unit Buyers, Caps Forfeiture At 10% Of Sale Consideration

The Haryana Real Estate Regulatory Authority (HRERA), Gurugram, has recently directed Elan Limited to refund the money paid by allottees of a commercial unit in its "Elan Epic" project. While upholding the cancellation of the allotment on account of the allottees' failure to clear outstanding dues, the Authority held that the builder could not forfeit more than 10% of the sale consideration as earnest money. “while cancelling the unit, it was an obligation of the respondent to return the...

Karnataka High Court Stays RERA's Applicability To BDA Layouts Based On Pre-Act Land Acquisition

On 3 June, the Karnataka High Court stayed the applicability of the Real Estate (Regulation and Development) Act, 2016 (RERA) to residential layouts and housing schemes undertaken by the Bangalore Development Authority (BDA) where preliminary land acquisition notifications predated the Act, holding that the issue requires detailed examination. Justice Suraj Govindaraj granted interim relief to the BDA until 6 July 2026 and observed that the outcome of the case could affect allotments made to...

LiveLawBiz RERA Cases Weekly Digest: June 1 - June 6, 2026

NOMINAL INDEXPrasanth B. & Anr. v. Hoysala Projects Pvt. Ltd. & Ors., 2026 LLBiz HC(KER) 87Vardhman Developers v. Uttarakhand Real Estate Appellate Tribunal & Anr., 2026 LLBiz HC(UTT) 8Harish Jasuja v. Rajasthan Real Estate Regulatory Authority & Anr., 2026 LLBiz REAT (RJ) 35Baroda Rajasthan Kshetriya Gramin Bank v. Rajasthan Real Estate Regulatory Authority & Ors., 2026 LLBiz REAT (RJ) 36Lakshmi V. Reddy v. M/s Maxworth Realty India Ltd., 2026 LLBiz RERA(KA) 92Vijay Kumar...

No Occupation Certificate Means No Valid Possession: Haryana RERA Directs Ansal Housing To Refund Homebuyer

The Haryana Real Estate Regulatory Authority (Authority) recently (May 19) directed Ansal Housing Limited to refund Rs. 77.35 lakh along with interest to homebuyers after finding that the possession offer issued by the builder was invalid, as it was made without obtaining the Occupation Certificate. A coram comprising Arun Kumar (Chairman) observed that: “There is a delay in handing over the possession as due date of possession was 07.11.2015 whereas, the respondent has failed to...

Punjab RERA Directs Omaxe to Pay ₹7.87 Lakh to Homebuyer for Possession Delay

The Punjab Real Estate Regulatory Authority (Authority) has recently directed Omaxe Chandigarh Extension Developers Pvt. Ltd. to pay Rs. 7.87 lakh to a homebuyer for the delay in handing over possession of a flat in its New Chandigarh project. The order was passed by a bench headed by Chairperson Rakesh Kumar Goyal which observed: “The Respondent's failure to pay interest as per “Agreement for Sale” and further as per Section 18 of the RERD Act, 2016 constitutes violation of...

Haryana RERA Orders Assotech Moonshine To Pay 10.80% Delay Interest For 10-Year Possession Delay

The Haryana Real Estate Regulatory Authority (HARERA), Gurugram, has directed Assotech Moonshine Urban Development Pvt. Ltd. to pay delayed possession interest to a homebuyer after finding that it had failed to hand over an apartment in its "Assotech Blith" project. The contractual possession date had expired on July 20, 2016. A bench of Chairman Arun Kumar observed that the builder had still not obtained the Occupation Certificate nearly a decade after the agreed possession date. Holding that...

Karnataka RERA Orders Frontier Shelters To Pay ₹21.63 Lakh Interest For Delay In Flat Possession

The Karnataka Real Estate Regulatory Authority (RERA) has recently directed Frontier Shelters Pvt. Ltd. to pay ₹21.63 lakh as interest for delaying possession of a flat in its Frontier Heights project in Bengaluru, while also ordering the developer to complete the project and hand over the apartment to the buyer. The order was passed by a bench comprising Chairperson Rakesh Singh and Member Gurijala Ravindranadha Reddy. Relying on a site inspection report, the authority found that several...