K-RERA Says 2/3 Allottee Consent Needed For Changes Beyond Sale Agreement

The Karnataka Real Estate Regulatory Authority (K-RERA) has reiterated that consent from two-thirds of allottees is required only when a proposed alteration goes beyond what was mutually agreed in the contract.Relying on an appellate tribunal ruling, the authority comprising Chairman Rakesh SIngh and Member GR Reddy ruled, “The requirement of consent of 2/3rd allottees arises only when there is an alteration beyond what was mutually agreed in the contract,” the Authority observed.K-RERA made the...

Tripura High Court Imposes ₹40,000 Costs On Four Homebuyers Over Parallel T-RERA, Municipal Body Proceedings

The Tripura High Court has imposed ₹40,000 in costs on four homebuyers over parallel proceedings concerning alleged unauthorised construction at an apartment complex in Agartala.The homebuyers had approached both the Tripura Real Estate Regulatory Authority (T-RERA) and the Agartala Municipal Corporation. They also filed an execution proceeding before T-RERA before approaching the High Court but did not disclose this fact.“It transpires that they have not approached this Court with clear hands,”...

Former Director Who Received Flats As Exit Settlement Is 'Allottee' Under Real Estate Law: Rajasthan RERA

The Rajasthan Real Estate Regulatory Authority has held that a former shareholder and director of a promoter company who exited a real estate project and was subsequently allotted 20 flats in his individual capacity under agreements to sell qualifies as an “allottee” under the Real Estate (Regulation and Development) Act, 2016.Member Sudhir Kumar Sharma held that the documents executed after his exit established an allottee-promoter relationship, despite his earlier association with the company....

PIL In Calcutta High Court Seeks Expedited Appointments To West Bengal RERA, Appellate Tribunal

The Calcutta High Court recently directed the State's counsel to obtain necessary instructions on a Public Interest Litigation (PIL) alleging prolonged vacancies in key posts at the West Bengal Real Estate Appellate Tribunal (WBREAT) and the West Bengal Real Estate Regulatory Authority (WBRERA).A Division Bench comprising Acting Chief Justice Tapabrata Chakraborty and Justice Atarup Banerjee, on September 3, directed Additional Government Pleader Susmita Saha Dutta, appearing for the State to...

Maharashtra REAT Orders Demolition Of Additional Building Over Lack Of Homebuyer Consent

The tribunal also imposed a ₹10 lakh penalty on the promoters and directed them to restore open spaces, complete conveyance and obtain 30 water connections within 90 days.

Bihar RERA Holds Section 39 Of RERA Act Cannot Be Used To Review Liability On Merits

The Bihar Real Estate Regulatory Authority (Bihar RERA) on 31 August held that rectification under Section 39 of the Real Estate (Regulation and Development) Act, 2016 (RERA Act) cannot be used to materially alter a substantive finding of liability, as doing so would amount to reviewing the original order on merits. Inquiry Commissioner Sanjaya Kumar Singh rejected an application filed by Kumod Kumar, Complainant, a former director of Ezzion Constructions Pvt. Ltd., seeking deletion of his name...

Valid Possession Offer Before Due Date Bars Homebuyer's Delay Compensation: Haryana REAT

The Haryana Real Estate Appellate Tribunal (REAT) on 31 August held that a homebuyer cannot claim delayed-possession charges where the promoter made a valid offer of possession before the stipulated possession date, even if physical possession was handed over later. A Bench comprising Chairman Justice Rajan Gupta and Technical Member Dinesh Singh Chauhan dismissed an appeal filed by homebuyer Urmila Kumari Kadam and upheld the Gurugram Haryana Real Estate Regulatory Authority's order refusing...

LiveLawBiz RERA Cases Weekly Digest: August 31 - September 5, 2026

NOMINAL INDEXM/s Neumec Developers and Builders v. Chirag Jain and Anr., 2026 LLBiz HC(BOM) 482Hubtown Ltd. v. Smitesh Shivaji Patil, 2026 LLBiz HC(BOM) 483Omaxe Ltd. v. Asha Saini, 2026 LLBiz HC (DEL) 917M/s Prestige South City Holdings v. Prestige Silver Springs Villa Owners Association & Anr.; Prestige Silver Springs Villa Owners Association v. Prestige South City Holdings & Anr., 2026 LLBiz REAT (TN) 60Godrej Skyline Developers Pvt. Ltd. v. Joy Salve, 2026 LLBiz REAT (MH) 61Goyal...

Forfeiture Clause Cannot Be Mechanically Enforced on Cancellation Of Flat Booking: Maharashtra REAT

The Maharashtra Real Estate Appellate Tribunal has ruled that a developer cannot mechanically enforce a forfeiture clause to retain the entire amount paid by a homebuyer on cancellation of his booking.This is particularly so when no Agreement for Sale was executed or registered between the parties.Rejecting the developer's claim that its contractual terms allowed it to keep the payment, the tribunal observed,“We are unable to accept the contention of the Appellant/Promoter that the mere...

Prior Payments Alone Cannot Prove Developer's Continued Obligation To Pay Assured Returns: Punjab RERA

The Punjab Real Estate Regulatory Authority has ruled that although a developer had made payments described as assured returns to a homebuyer, those payments alone could not establish that it was contractually bound to pay a 12% annual return until possession.Chairman Rakesh Kumar Goyal observed that the buyer had to establish the contractual basis for the claimed return, including its rate, period, and conditions. Earlier payments could not, by themselves, add such terms to or enlarge the...

Tamil Nadu REAT Directs Prestige To Hand Over Service Plots To Villa Owners' Association

The Tamil Nadu Real Estate Appellate Tribunal (REAT) on 2 September partly allowed an appeal filed by the Prestige Silver Springs Villa Owners Association and directed Prestige South City Holdings and Ratnavara Developers LLP to hand over two service plots in the villa project within two months. A Bench comprising Chairperson Justice M. Duraiswamy and Judicial Member K. Babu noted that a developer and landowner cannot retain service plots earmarked for common use in a sanctioned layout on...

Homebuyer Can Claim Delay Compensation Through Arbitration Over RERA, Consumer Law Remedies: Delhi High Court

The Delhi High Court has ruled that a homebuyer can claim compensation for delayed possession through arbitration even though remedies are also available under the Real Estate (Regulation and Development) Act, 2016, and the Consumer Protection Act, 2019.“Merely because the Respondent elected to invoke the arbitration agreement instead of pursuing remedies under the Consumer Protection Act, 2019 or RERA, it cannot be deprived of compensation otherwise legally payable for delayed...