Developer Liable To Fix Non-Structural Defects Reported Within Five Years: TN RERA

The Tamil Nadu Real Estate Regulatory Authority (RERA) has held that a developer remains liable to rectify defects arising from poor workmanship, including non-structural cracks and seepage, where such defects are brought to its notice within five years from the date of handing over possession. “As per Section 11(4)(a) of the RERA Act, the Respondent Promoter is responsible for all obligations and functions under the provision of the Act. Further, as per Section 14(3) of the RERA Act, any...

LiveLawBiz RERA Cases Weekly Digest: April 20- April 25, 2026

Nominal IndexSanroyal 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) 10M/s Sai Enterprises v. Sangeeta Ravi Punjabi & Ors., 2026 LLBiz HC (BOM) 232Soumya Ranjan Jena v. Priyata Lipsa & Ors., 2026 LLBiz REAT (OD) 25Kamlesh Valji Balsara & Anr. v. M/s Shree Siddhivinayak Infrastructure and Realty &...

Maharashtra REAT Says No Jurisdiction Over Banks Lending To Homebuyers; Refuses Stay On SARFAESI Recovery

Holding that it has no jurisdiction to hear complaints by allottees against lending banks, the Maharashtra Real Estate Appellate Tribunal (REAT) refused to stay recovery proceedings initiated against homebuyers, while restraining the promoter from creating third-party rights in the flats. The tribunal clarified that RERA authorities can examine claims against banks in cases such as where loans are extended to a promoter and, upon default, the lender steps into the shoes of the promoter. In...

Homebuyers In Possession Must Pay Maintenance Charges Even Without Completion Certificate: RERA Punjab

The Punjab Real Estate Regulatory Authority (RERA) on 15 April held that homebuyers in possession of their units and enjoying project amenities cannot evade maintenance charges on the ground that the developer has not obtained a completion or occupancy certificate. Chairman Rakesh Kumar Goyal, directed the Arvind Nagar Residential Welfare Society to take over maintenance of the colony in Bathinda, holding that Sections 11(4)(d) and 17 of the Real Estate (Regulation and Development) Act, 2016...

Homebuyer Labelled As 'Investor' To Undermine Rights: Bombay High Court Dismisses Developer Appeal

The Bombay High Court has dismissed a developer's second appeal, holding that it could not justify cancelling a flat allotment and pushing the homebuyer toward a refund by treating her as an "investor" instead of honoring the allotment. The court found that, in this case, calling the buyer an “investor” was not an innocent choice of words. She had already paid 30% of the price for a clearly identified flat. Describing her as an investor was a way to deny her the apartment and steer her toward a...

Only Promoter, Allottee Or Agent Can Be Made Party Under RERA: Odisha REAT Removes Site In-Charge From Complaint

The Odisha Real Estate Appellate Tribunal (OREAT) has held that under Section 31 of the Real Estate (Regulation and Development) Act, 2016, only statutorily recognised parties such as promoters, allottees, or real estate agents can be made respondents in a complaint, setting aside an order rejecting a site in-charge's plea for deletion from a flat dispute. The tribunal struck off the name of Soumya Ranjan Jena, described as the in-charge of the building site, holding that he did not fall within...

Limitation Act Not Applicable To Homebuyer Complaints Before RERA: Chhattisgarh High Court

The High Court of Chhattisgarh has recently held that complaints filed under Section 31 of the Real Estate (Regulation and Development) Act, 2016, before the Real Estate Regulatory Authority (RERA) or its Adjudicating Officer are not subject to the three-year limitation period prescribed under Article 137 of the Limitation Act, 1963. Setting aside a tribunal's suo motu order that had dismissed a homebuyer, Nidhi Sao's complaint as time-barred, the court remanded the matter for fresh...

RERA Can Probe Developers' Financial Affairs; Madras High Court Remands Aavisa Township Dispute To TNRERA

The Madras High Court has recently held that authorities under the Real Estate (Regulation and Development) Act, 2016 can examine the “affairs” of promoters (developers), including financial dealings, while dealing with complaints by homebuyers. It set aside orders of TNRERA and TNREAT and remanded the Aavisa Golf Township dispute for fresh consideration, including whether the Kotak Mahindra entities qualify as “promoters” under the Act. A Division Bench of Justice R. Suresh Kumar and Justice...

RERA Orders Not Civil Decrees, Recoverable As Arrears Of Land Revenue: Kerala High Court

The Kerala High Court has held that amounts awarded by the Real Estate Regulatory Authority (RERA) can be recovered as arrears of land revenue under the Real Estate (Regulation and Development) Act, 2016, and that such orders do not amount to “decrees” requiring execution through civil courts. By dismissing an appeal moved by Sanroyal Builders and Contractors Pvt. Ltd. and its managing director against homebuyer Divya Balu, the Court has effectively allowed the recovery process under the RERA...

LiveLawBiz RERA Cases Weekly Digest: April 13- April 18, 2026

Nominal IndexNBCC (India) Ltd. v. NBCC Imperia Residents' Welfare Association (NIRWA) & Anr., 2026 LLBiz REAT (OD) 23 Jessica Arun Naidu & Ors. v. M/s Expat Projects and Development Pvt. Ltd. & Ors., 2026 LLBiz REAT (MH) 24Bitragunta Venkata Kalyana Chakravarthy and Others vs. Sobha Limited, 2026 LLBiz RERA(KA) 69Gourav Gupta & Anr. vs Mantri Developers Private Limited, 2026 LLBiz RERA(KA) 66Mridula Krishnapur v. Bangalore Development Authority, 2026 LLBiz RERA(KA) 68Subhash...

Karnataka RERA Orders Surya Homes, Bagpack Suites To Pay ₹12 Lakh Annual Rent Loss To Homebuyer

The Karnataka Real Estate Regulatory Authority (KRERA) has recently directed Surya Homes and its hospitality partner Bagpack Suites Bangalore Private Limited to pay Rs 12 lakh per annum towards loss of rent and Rs 2 lakh towards mental agony to homebuyer Subhash Dhekne for failing to hand over physical possession of a flat despite executing the sale deed. The Authority held that mere execution of a sale deed does not complete a promoter's obligations in the absence of actual handover of...

Resort Villas Sold By Keemaya Resorts Under Leaseback Model Must Be Registered; Buyers Are Allottees: Rajasthan RERA

Holding that resort villas sold by Keemaya Resorts under a Perpetual Lease Aggregation Agreement (sale-and-leaseback model) are part of a “real estate project” under the Real Estate (Regulation and Development) Act, 2016, the Rajasthan Real Estate Regulatory Authority (RERA) ruled that such projects must be registered and that buyers qualify as “allottees.”A coram of Member Sudhir Kumar Sharma observed, “All these documents whether it is brochure of the project or sale deed and PLAA executed in...