MahaREAT - Homebuyers Have Unconditional Right To Claim Interest, Sets Aside MahaRERA Conditional Payment Of Interest Order

While setting aside the order of Maharashtra Real Estate Regulatory Authority (Authority), Maharashtra Real Estate Appellate Tribunal (Tribunal), comprising Justice Shriram R. Jagtap (Judicial Member) and Shrikant M. Deshpande (Technical Member), has held that Homebuyers right to seek interest upon delay under Section 18(1) of RERA, 2016 is unqualified and conditional. The homebuyer appealed to the Tribunal after the Authority allowed the builder to pay interest after obtaining the...

Haryana RERA Directs Signature Global To Pay Interest To Three Homebuyers For Delayed Possession

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed M/s Signature Global India Private Limited to pay interest to three homebuyers of the affordable housing project named The Millennia, situated in Sector-37D, Gurugram. Background Facts All three homebuyers (Complainants) purchased flat in the builder's (Respondent) project named “The Millennia” situated in Sector 37D, Gurugram. The total sale consideration of their flats were...

Punjab RERA Holds Bathinda Development Authority Liable For Delayed Possession Of Residential Plot, Orders Compensation To Complainant

Punjab Real Estate Regulatory Authority (Authority) bench, consisting of Balbir Singh (Adjudicating Officer), held Bathinda Development Authority (Respondent) liable for delayed possession of residential plot and directed it to pay Rs. 95,000 as compensation to complainant. Background Facts The complainant booked a residential plot in the respondent's project at PUDA Enclave, Mansa, on December 16, 2013. After winning the draw of lots, the respondent issued a letter of intent (LOI)...

Tamil Nadu RERA Directs TATA Value Homes To Pay 3 Lakh To Homebuyer As Compensation For Delay And Mental Agony

Tamil Nadu Real Estate Regulatory Authority (Authority) bench Comprising of TMT N. Uma Maheshwari (Adjudicating Officer), has directed TATA Value Homes to pay a sum of ₹3 lakhs to a homebuyer as compensation for delay and mental agony. Background Facts On 07.05.2014 Homebuyer (Complainant) booked a flat in the builder's (Respondent) project named TATA Santorini situated at Kuthambakkam, Chennai by paying Rs. 30,000/- as an advance. Total consideration of the flat was Rs.79,66,957/-...

MahaREAT Directs Builder To Refund Entire Amount With Interest From The Date Of Payment

Maharashtra Real Estate Appellate Tribunal (Tribunal), comprising Justice Shriram R. Jagtap (Judicial Member) and Shrikant M. Deshpande (Technical Member), has set aside the decision of the Maharashtra Real Estate Regulatory Authority (Authority) that awarded interest on the refund amount from the due date of possession. Instead, the Tribunal directed Darode Jog Homes Pvt. Ltd. (builder) to pay interest on the refund amount from the date of payment. Background Facts Homebuyer ...

MahaRERA Directs Ruparel Infra & Reality To Refund Homebuyer's Money After Deducting 2% Of Total Consideration

While holding the forfeiture of the entire money paid by the homebuyer, which was around 5% of the total consideration of the flat, as inconsistent, the Maharashtra Real Estate Regulatory Authority (Authority) bench, comprising Mahesh Pathak (Member – I), has directed Ruparel Infra & Realty Pvt Ltd., the builder, to refund the amount paid by the homebuyer after deducting 2% of the total consideration. Background Facts Homebuyers (Complainants) purchased flats in the builder's...

Haryana RERA Upholds Cancellation Of Flat's Booking, Orders Planning Division To Take Action Against Vatika For Non-Registration

While upholding the cancellation of flat allotment, Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed Planning Division of authority to take action against Vatika Limited (the builder) for the non-registration of the project under RERA. Background Facts On 29.05.2015, Homebuyer (Complainant) purchased a flat measuring super built up area of 1550 sq. ft with covered car parking in the builder's (Respondent) project named...

MahaRERA Directs Tata Housing To Refund Homebuyer's Money After Deducting 2% Of Total Consideration

Maharashtra Real Estate Regulatory Authority (Authority) bench, comprising Mahesh Pathak (Member – I), has directed Tata Housing Development Company Ltd, the builder to refund the amount paid by homebuyer after deducting 2% of the total consideration. Background Fact The homebuyer (Complainant) booked a flat in the builder's (Respondent) project named Amantra Phase 2 located on Mumbai Nashik Expressway for a total price of Rs. 76,17,330/-. Despite paying Rs. 16,18,022/- out of...

RERA Cases Monthly Digest: September, 2024

Maharashtra Real Estate Appellate Tribunal MahaREAT Finds MahaRERA's Dismissal Of Homebuyer's Complaint Incorrect, Directs Builder To Refund ₹4.5 Lakh Case – Mr. Jaikishan Udhav Lakhwani & anr Versus M/s. Kanakia Spaces Realty Private Limited Maharashtra Real Estate Appellate Tribunal (Tribunal) bench, comprising Shriram R. Jagtap (Judicial Member) and Dr. K Shivaji (Technical Member), holds Maharashtra Real Estate Regulatory Authority (Authority) dismissal of the homebuyer's...

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

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed Ocean Seven Buildtech Pvt. Ltd., the builder, to pay interest to the homebuyer who was allotted a flat in the builder's Affordable Housing project named Expressway Towers, for delayed possession. Background Facts The Homebuyer (Complainant) was allotted a flat having 645 sq. ft. of carpet area and 99 sq. ft. of balcony area in the builder's (Respondent) project named...

RERA Cases Weekly Round Up: September 9 to September 15

Maharashtra Real Estate Appellate Tribunal MahaREAT Finds MahaRERA's Dismissal Of Homebuyer's Complaint Incorrect, Directs Builder To Refund ₹4.5 Lakh Case – Mr. Jaikishan Udhav Lakhwani & anr Versus M/s. Kanakia Spaces Realty Private Limited Maharashtra Real Estate Appellate Tribunal (Tribunal) bench, comprising Shriram R. Jagtap (Judicial Member) and Dr. K Shivaji (Technical Member), holds Maharashtra Real Estate Regulatory Authority (Authority) dismissal of the homebuyer's...

Haryana RERA Directs Parsvnath Developers To Pay Delay Interest And Execute Conveyance Deed In Favour Of Homebuyer

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed Parsvnath Developers Limited, the builder, to pay delay interest and execute the conveyance deed in the favour of homebuyer. As per the agreement the builder was supposed to handover possession to the homebuyer by April 2011. A conveyance deed is a legal document that transfers ownership of property from the seller to the buyer. It details the terms of the transfer, including the...