MahaREAT Dismisses Homebuyer's Application For Condonation Of 298-Day Delay In Filing Appeal

Maharashtra Real Estate Appellate Tribunal (Tribunal) Bench, comprising SS Shinde (Chairperson) and Dr. K. Shivaji (Technical Member), has dismissed the homebuyer's application for condonation of a 298-day delay in filing the appeal before the Tribunal. The homebuyer appealed the Maharashtra Real Estate Regulatory Authority (Authority) order dated October 27, 2021. According to Section 44(2) of the Real Estate (Regulation and Development) Act, 2016, the homebuyer had 60 days from the...

Kerala RERA Orders Builder To Pay ₹75,000 To Homebuyer For Failing To Provide Permanent Car Parking Slots

Kerala Real Estate Regulatory Authority (Authority), Adjudicating officer Bench, comprising KS Sarath Chandran (Adjudicating Officer), has directed the builder to compensate the homebuyer with ₹75,000 for failing to construct permanent car parking slots despite having collected the payment. Background Facts The Homebuyer (Complainant) is the owner of flat No. 8E on the 8th floor of Sowparnika Promenade Square Project situated at Thiruvananthapuram. While Purchasing the flat homebuyer...

Delay In Handing Over Possession, Rajasthan RERA Adjudicating Officer Orders Compensation of ₹1 Lakh To Homebuyer For Financial Loss

Rajasthan Real Estate Regulatory Authority (Authority), Adjudicating officer Bench, comprising Justice RS Kulhari (Adjudicating Officer), has directed the builder to compensate the homebuyer with ₹1 lakh for financial losses and ₹50,000 for mental and physical suffering. Background Facts The homebuyer (Complainant) booked a flat in the builder's (Respondent) project named "Capital Greens," located in Bhiwadi, Rajasthan. The total cost of the flat was Rs. 37,28,750. The homebuyer...

Failure To Make Timely Payments, MahaRERA Directs Homebuyer To Pay Rs. 1.18 Crore with Interest To Transcon Developers

Maharashtra Real Estate Regulatory Authority (Authority) bench, comprising Mahesh Pathak (Member – I), has directed the homebuyer to pay the due amount of Rs. 1.18 crore with interest to Transcon Developers Private Limited, the builder, after the homebuyer failed to make timely payments. Background Facts On October 10, 2020, the homebuyer (Respondent) booked flats in the builder's (Complainant) project named AURIS BLISS located in Andheri, Mumbai Suburban District. According to the...

Failure To Hand Over possession In Time, MahaRERA Directs Solitaire Palms To Refund Amount To Homebuyer

Maharashtra Real Estate Regulatory Authority (Authority) bench, comprising Mahesh Pathak (Member – I), has directed M/s. Solitaire Palms, the builder, to refund the homebuyer's amount with interest after the builder failed to deliver possession of the flat within the promised timeframe. Background Facts The homebuyer (Complainant) purchased a flat in the builder's (Respondent) project named “Solitaire Palms E” situated at Borhadewadi, Pune, through a sale agreement dated April 24,...

Telangana RERA Orders Refund To Homebuyers Association For Non-completion Of The Project Within Promised Time

Telangana Real Estate Regulatory Authority (Authority) bench, consisting of Justice Dr. N. Satyanarayana (Chairperson), K. Srinivasa Rao (Member), and Laxmi Narayana Jannu (Member), has directed M/s Sahiti Infratec Ventures India Pvt. Ltd., the builder, to provide a refund to the homebuyers after concluding that the project cannot be completed within the promised time stipulated under the agreement for sale. Background Facts On 31.01.2020, Builder (builder) entered into a...

Haryana RERA Directs Pareena Infrastructures To Refund Homebuyer's Money, After Deducting 10% As Earnest Money

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed M/s Pareena Infrastructures Pvt Ltd, the builder, to refund the amount paid by the homebuyer, after deducting 10% of the total cost of the flat as earnest money. The complaint was filed by the homebuyer after the builder forfeited the paid-up amount due to the cancellation of the flat booking, following the homebuyer's failure to make timely payments. Background Facts The...

Haryana RERA Directs Ninaniya Estates To Pay Interest And Assured Returns To Complainant

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed Ninaniya Estates Ltd, the builder, to pay interest and assured returns to the complainant who had booked a retail shop and was expecting possession by 16.11.2021. Earlier in 2012, the complainant had booked a suite in the builder's project named Prism Executive Suites. However, in 2017, the complainant exchanged the suite for a retail shop in the builder's other project named...

RERA Monthly Round Up: August 2024

Haryana Real Estate Regulatory Authority Haryana RERA Directs Ocean Seven Buildtech To Pay Interest To 15 Homebuyers Of Expressway Towers For Delayed Possession Case – Rameshwar Singh Versus Ocean Seven Buildtech Pvt. Ltd. A/w 14 others 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 15 homebuyers of the Expressway Towers project located at Sector 109,...

Karnataka RERA Holds Shriprop Projects For Delayed Possession Of 2 Years, Orders Interest To Homebuyer

Karnataka Real Estate Regulatory Authority (Authority) bench, comprising Neelmani N. Raju (Member), has directed Shriprop Projects Pvt. Ltd, the builder, to pay interest to the homebuyer after the builder handed over possession of the flat with a 2-year delay. According to the terms of the agreement, the builder was supposed to hand over possession by September 2020. Background Facts On 20.01.2016, the homebuyer (Complainant) booked a flat in the builder's (Respondent) project named...

The Forgotten Creditors: IBC's Dual Approach For Homebuyers And Other Consumers

The Insolvency and Bankruptcy landscape in India underwent a significant transformation with the enactment of the Insolvency and Bankruptcy Code (IBC) in 2016. One of the most intriguing aspects of the IBC is its impact on consumers, particularly those who find themselves in precarious situations when companies they have transacted with go under the insolvency process. Imagine a scenario where a consumer buys a plane ticket, looking forward to a much-anticipated trip, only to find out the...

Chairperson, Judicial Member Will Be Appointed To Karnataka Real Estate Appellate Tribunal In Two Weeks: State Tells High Court

The Karnataka government on Thursday informed the High Court that in two weeks time Chairperson and Judicial member would be appointed to the Karnataka Real Estate Appellate Tribunal (REAT), which has become non-functional due to these vacant posts.Advocate General Shashi Kiran Shetty said “The concerned files are cleared after suitable recommendations and the same would be taken to its logical conclusion in next two weeks, by appointments being made of the Chairperson and judicial member.” The...