Mandatory RERA Pre-Deposit Cannot Be Diluted By Replacing Statutory Interest Rate With MCLR: Kerala HC

The Kerala High Court has recently held that a builder could not be permitted to calculate the mandatory pre-deposit for pursuing a RERA appeal on the basis of the Marginal Cost of Funds-based Lending Rate (MCLR) instead of the State Bank of India's Benchmark Prime Lending Rate plus 2% prescribed under Rule 18 of the Kerala Real Estate (Regulation and Development) Rules, 2018. The Court observed that such a course would "render Rule 18 a dead letter." A Division Bench of Justice Raja...

Persistent Payment Defaults By Homebuyers Affect Project Execution,Stakeholder Interests: Maharashtra RERA

The Maharashtra Real Estate Regulatory Authority (MahaRERA) has recently held that repeated and prolonged payment defaults by homebuyers are contrary to their contractual and statutory obligations. It observed that such defaults adversely affect project execution, financial planning, and a promoter's obligations towards other stakeholders and financial institutions. Member Ravindra Deshpande made the observation while allowing two complaints filed by Transcon Sheth Creators Pvt. Ltd. The...

Adani M2K Homebuyers Can't Seek Additional Compensation After Accepting Delay Interest Award: Haryana RERA

The Haryana Real Estate Regulatory Authority (HRERA) has held that homebuyers in an Adani M2K project who chose to continue with the project after securing delayed possession compensation cannot seek separate compensation for the same delay.Adjudicating Officer Rajender Kumar held, “The parliament did not intend to provide compensation other than DPC in case allottee does not intend to withdraw from the project.” The ruling came while dismissing a complaint filed by two homebuyers against Adani...

Karnataka RERA Orders Penalty Proceedings Against Maxworth Realty Over Unregistered Project

The Karnataka Real Estate Regulatory Authority (KRERA) has ordered initiation of penalty proceedings against Maxworth Realty India Ltd for failing to register its project under the Real Estate (Regulation and Development) Act, 2016, while also directing the developer to hand over possession of a plot booked by a homebuyer more than a decade ago. A Bench comprising Chairperson Rakesh Singh and Member Gurijala Ravindranadha Reddy held that the developer could not continue retaining the buyer's...

Rajasthan REAT Upholds RERA Order Treating Baroda Rajasthan Gramin Bank As Promoter In Kota Project

On 19 May, the Rajasthan Real Estate Appellate Tribunal (REAT) upheld a Rajasthan RERA order treating Baroda Rajasthan Kshetriya Gramin Bank as a “promoter” under Section 2(zk) of the Real Estate (Regulation and Development) Act, 2016. A Bench of Chairperson Justice Madan Gopal Vyas and Judicial Member Yudhisthir Sharma held that the bank stepped into the developer's role in the “Shreenath Oasis” project at Kota after acquiring an interest in the project through a mortgage. It held: “it is...

RERA Appeal Pre-Deposit Requirement Applies To Refunds, Interest And Compensation, Not Just Penalties: Uttarakhand HC

The Uttarakhand High Court has recently held that the mandatory pre-deposit requirement for entertaining a promoter's appeal under the Real Estate (Regulation and Development) Act, 2016, applies not only in cases involving penalties. It also applies where a promoter challenges directions requiring payment of amounts to allottees, including interest and compensation. A bench of Chief Justice Manoj Kumar Gupta and Justice Subhash Upadhyay made the observation while dismissing an appeal filed by...

LiveLawBiz RERA Monthly Digest: May, 2026

Supreme Court Supreme Court Issues Notice On Plea Alleging Jaypee Used “Facade” Deals To Divert ₹13,833 Crore Homebuyer FundsCase Title: VANDANA SABHARWAL VERSUS UNION OF INDIA & ORS.Case Number: Writ Petition(s)(Civil) No(s).661/2026Citation : 2026 LLBiz SC 213The Supreme Court on Tuesday issued notice on a writ petition alleging that Rs. 13,833 crore out of Rs. 14,599 crore collected from homebuyers by the Jaypee Group was diverted through transfers to group entities and...

Promoters Cannot Claim RERA Exemption Through Separate Ownership Of Adjoining Land Parcels: Rajasthan REAT

The Rajasthan Real Estate Appellate Tribunal (REAT) has cautioned against attempts to claim exemption from project registration by relying on separate ownership of adjoining land parcels measuring less than 500 square meters. A bench of Chairperson Justice Madan Gopal Vyas and Judicial Member Yudhisthir Sharma made the observation while dismissing eight connected appeals filed by promoter Harish Jasuja concerning the “City Trade Center” project in Sri Ganganagar. Under the Real Estate...

Telangana RERA Directs SVS Square Spaces To Fix Terrace Waterproofing Defects In “Bhuvi Residency” Flat

The Telangana Real Estate Regulatory Authority (Authority), on 5 May, directed SVS Square Spaces to carry out comprehensive waterproofing works and permanently rectify seepage and leakage issues in a homebuyer's flat, holding that the defects arose from defective workmanship in the terrace flooring and inadequate waterproofing. Chairperson Dr. N. Satyanarayana with Members Laxmi Narayana Jannu and K. Srinivasa Rao allowed the complaint and held the promoter responsible for rectification of the...

Punjab RERA Orders ₹24.38 Lakh Refund To Homebuyer For Delayed Possession Of Sunny Enclave Plot

On 27 May, the Punjab Real Estate Regulatory Authority (RERA) reiterated that homebuyers cannot be compelled to remain in indefinitely delayed real estate projects and are entitled to seek refund with interest under Section 18 of the Real Estate (Regulation and Development) Act, 2016 where promoters fail to deliver possession within a reasonable time. The Authority, comprising Member Binod Kumar Singh, directed Bajwa Developers Ltd. and others to refund Rs. 24,38,075 to Gurgaon resident Sanjeev...

LiveLawBiz RERA Cases Weekly Digest: May 25 - May 30, 2026

NOMINAL INDEXVandana Sabharwal v. Union of India & Ors., 2026 LLBiz SC 213Advance India Projects Limited v. State of Haryana and Others, 2026 LLBiz HC (PNH) 26M/s Inspire Parking Nest Pvt. Ltd. v. Haryana Real Estate Regulatory Authority, Gurugram, 2026 LLBiz REAT (HR) 34Ravi Shankar & Anr. v. Karnataka Real Estate Regulatory Authority & Ors., 2026 LLBiz REAT (KA) 33Mr. Ejaz Shoaib Hussain and Mr. Arbaaz Shoaib v. M/s Honest Builders and Developers Pvt. Ltd., 2026 LLBiz RERA(BR)...

RERA Act Contains No Provision To Appoint Receiver For Sale Of Unsold Flats: Tamil Nadu RERA

The Tamil Nadu Real Estate Regulatory Authority (TNRERA) has dismissed an application filed by more than 100 homebuyers of Ozone Projects Private Limited's "Metrozone" project seeking appointment of a receiver to effectuate the sale of unsold flats. The Authority, however, directed the developer to file a status report on construction in Phase IV, an encumbrance certificate for the unsold inventory and an updated quarterly progress report. The order was passed on May 25 by a coram comprising...