Homebuyer Cannot Claim Refund Of Club Fee Included In Sale Agreement: Himachal Pradesh RERA

The Himachal Pradesh Real Estate Regulatory Authority (Authority) held that club membership charges clearly included in the Agreement for Sale form part of the agreed cost of the flat, and no refund can be claimed merely because the membership was allegedly optional. A Bench comprising Chairperson R.D. Dhiman and Member Vidur Mehta, dismissed the complaint filed by the homebuyer, who had sought refund of Rs. 25,000 charged by the builder towards club membership, holding that...

Karnataka RERA Orders Ozone Developers Group To Refund ₹1.10 Crore To Homebuyer Over Possession Delay

The Karnataka Real Estate Regulatory Authority has recently held that a developer in this case could not deduct 20 percent of the amount paid by a homebuyer after failing to deliver possession within the agreed timeline. A coram of Member G.R. Reddy directed Ozone Developers Pvt Ltd and Ozone Urbana Infra Developers Pvt Ltd to refund about 1.10 crore rupees to a homebuyer who had booked an apartment in the project “Urbana Pavilion” in Bengaluru The Authority observed, “It is undisputed fact...

Deemed Conveyance Orders Passed Before 2025 Amendment Of MOFA Remain Valid: Bombay High Court

The Bombay High Court on 23 February held that deemed conveyance orders under the Maharashtra Ownership Flats Act (MOFA), 1963, issued prior to the Maharashtra Ownership Flats (Amendment and Validation) Act, 2025, remain valid and cannot be reopened merely because the amendment now aligns deemed conveyance in RERA-registered projects with completion of the last building in a layout. Dismissing a challenge by the developer, a Single Bench comprising Justice Sharmila U. Deshmukh upheld a 2023...

Bathinda Development Authority To Refund ₹13.25 L To Allottee, Arbitration Clause No Bar: Punjab RERA

The Punjab Real Estate Regulatory Authority (the Authority) on 19 February, held that the existence of an arbitration clause or a statutory bar under State law does not oust its jurisdiction under the Real Estate (Regulation and Development) Act, 2016, and that in the absence of a valid Completion Certificate and completion of development works, an allottee is entitled to refund with interest for delay in handing over possession. The RERA, comprising Member Binod Kumar Singh, directed the...

Tamil Nadu RERA Orders Registration Of Prestige Silver Springs As An 'Ongoing' Project

The Tamil Nadu Real Estate Regulatory Authority (TN RERA) on 4 February, directed Prestige South City Holdings to register the project “Prestige Silver Springs” under RERA within 60 days, holding that where villas remained incomplete when the Real Estate (Regulation and Development) Act, 2016 came into force, the project must be treated as an “ongoing project” requiring registration under Section 3. A Bench comprising Chairperson Shiv Das Meena with Members Dr. L. Subramanian and M....

Builders Cannot Charge Labour Cess Or Work Contract Tax from Homebuyers: Haryana RERA

The Haryana Real Estate Regulatory Authority (HARERA) has recently reiterated that builders cannot recover labour cess or work contract tax from homebuyers. The authority also directed Ocean Seven Buildtech Pvt. Ltd. to pay interest to buyers for the delay in handing over flats in its Expressway Towers project in Sector 109, Gurugram.Chairman Arun Kumar observed that such charges cannot be passed on to buyers. “The allottee is neither an employer nor a contractor, and labour cess is not a tax...

LiveLawBiz RERA Monthly Digest: February 2026

Nominal IndexRalas and Chopda Builders & Ors. v. Jeevan Vihar Residents Welfare Society, 2026 LLBiz HC (CHH) 4The State of Himachal Pradesh & Ors. v. Naresh Sharma, 2026 LLBiz SC 61The Madhya Pradesh Real Estate Regulatory Authority v. M/s Malwa Vanaspati and Chemicals Co. Ltd. & Anr., 2026 LLBiz SC 80Embassy One Developers Pvt. Ltd. v. State of Karnataka & Ors., 2026 LLBiz HC (KAR) 19MP Real Estate Regulatory Authority v. Briddhi Real Estate Pvt. Ltd. and Others, 2026 LLBiz HC...

Even Appeal Against Consequential Execution Order Requires Full Decretal Deposit Under RERA : UP REAT

The Uttar Pradesh Real Estate Appellate Tribunal (REAT) has recently held that where a decree has attained finality between the parties, a promoter cannot maintain an appeal against a consequential order passed in execution proceedings without first depositing the entire decretal amount, including interest, as mandated under the proviso to Section 43(5) of the Real Estate (Regulation and Development) Act, 2016. Dismissing the appeal filed by Uppal Chadha Hi-Tech Developers Private Limited, a...

Non-Registration Of Ongoing Project Does Not Bar RERA Or Hinder Allottee Rights: Kerala High Court

The Kerala High Court on 20 February held that a developer's failure to mandatorily register a housing project cannot be invoked to challenge RERA's jurisdiction, and cannot deprive allottees of statutory relief. Justice Ziyad Rahman A.A. dismissed a batch of writ petitions filed by the Army Welfare Housing Organisation (AWHO), observing that once a project is compulsorily registrable under Section 3(1) of the Real Estate (Regulation and Development) Act, 2016, complaints by allottees are...

Rajasthan REAT Dismisses 20 Homebuyers' Refund Appeals After Project Completion Certificate

The Rajasthan Real Estate Appellate Tribunal (REAT), Jaipur, has recently dismissed appeals filed by 20 homebuyers seeking refunds in the “Sai Angan” housing project at Kuchaman City in Nagaur district, holding that once a project stands completed and a valid Completion Certificate has been obtained, a refund cannot be granted. A bench comprising Chairperson Justice Madan Gopal Vyas and Judicial Member Yudhisthir Sharma upheld the Rajasthan RERA order, observing. "In such circumstances for...

Repeal Of 1993 West Bengal Building Act Does Not Extinguish Pending Proceedings: Calcutta High Court

The Calcutta High Court recently upheld compensation orders passed against R.D.B. Builders in a long-running flat dispute, holding that the repeal of the West Bengal Building (Regulation of Promotion of Construction and Transfer by Promoters) Act, 1993 does not extinguish proceedings already pending under it. A Single Bench of Justice Krishna Rao, by order dated 26 February, clarified that the Supreme Court of India's 2021 ruling in Forum for People's Collective Efforts v. State of West...

RERA Registration Owed To Statute, Not Complainant: Telangana RERA Penalises Green Space Properties ₹22Lakh

The Telangana Real Estate Regulatory Authority (TG RERA) has recently imposed a penalty of over Rs 22 lakh on Green Space Properties for advertising and executing sale transactions in its “Green Space Indra Nagar” project without obtaining mandatory registration under the Real Estate (Regulation and Development) Act, 2016. The authority, comprising Chairman Dr. N. Satyanarayana, IAS, Members K. Srinivasa Rao and Laxmi Narayana Jannu held that the plotted development, spread over 25,900 square...