RERA
Broad Settlement Deed Wording Does Not Bar Claims for Subsequently Discovered Defects: Karnataka REAT
The Karnataka Real Estate Appellate Tribunal has ruled that a settlement deed covering disputes existing when it was signed cannot be treated as an unconditional waiver of claims over construction defects discovered after the homebuyers took possession.The tribunal observed that the settlement was confined to claims “subsisting” between the parties when the deed was executed. Its broad language could not be construed as giving up claims arising from defects discovered later and which were not...
LiveLawBiz RERA Cases Monthly Digest: August 2026
NOMINAL INDEXRenney Geo Varghese v. The Kerala Real Estate Regulatory Authority (K-RERA) & Ors.; Sindhu M. Poduval v. The Kerala Real Estate Regulatory Authority (K-RERA) & Ors., 2026 LLBiz HC(KER) 163M/s Neumec Developers And Builders v. Chirag Jain and Anr., 2026 LLBiz HC(BOM) 482Kiyana Estate LLP v. Tina Dharamshey and Anr., 2026 LLBiz HC(BOM) 456Bhupinder Singla v. State of Punjab, 2026 LLBiz HC(PNH) 42Aims Max Gardenia Developers Pvt. Ltd. Thru. Authorized Signatory v. Mrs. Pratibha...
RERA Tribunal Has Inherent Power To Restore Proceedings Dismissed For Default: Bombay High Court
The Bombay High Court has held that the Real Estate Appellate Tribunal has inherent power to restore proceedings dismissed for default, even though such power is not expressly provided under Section 53(4) of the Real Estate (Regulation and Development) Act, 2016 (RERA), as the Tribunal is required to be guided by principles of natural justice. Justice N. J. Jamadar, on 22 July, dismissed developer Hubtown Ltd.'s second appeal and upheld the Maharashtra Real Estate Appellate Tribunal's order...
Delay Condonation Application Cannot Be Separated From Appeal For RERA Pre-Deposit: Bombay High Court
The Bombay High Court on 5 August held that a promoter cannot have a delay condonation application considered without first making the mandatory pre-deposit under Section 43(5) of the Real Estate (Regulation and Development) Act, 2016 (RERA), holding that a delay application forms part of the appeal and cannot be treated independently. Justice N. J. Jamadar delivered the judgment while dismissing two second appeals filed by Neumec Developers and Builders against homebuyers, upholding the...
LiveLawBiz RERA Cases Weekly Digest: August 24 - August 29, 2026
NOMINAL INDEXSupreme Construction & Developers Pvt. Ltd. v. Clan City Welfare Association & 3 Ors. and connected appeals, 2026 LLBiz REAT (MH) 56Harathi Prakash Nalla & Anr. v. Secretary, Karnataka Real Estate Regulatory Authority & Anr., 2026 LLBiz REAT (KA) 57The Tamil Nadu Housing Board v. P. Malathi, 2026 LLBiz REAT (TN) 58Salandra Mohan Babu & Ors. v. M/s Bharati Builders (Formerly Known as Sirisampada Estates & Builders) & Ors., 2026 LLBiz RERA (TS) 131Shri Amar...
Flat Owners' Association Can File RERA Complaint But Cannot Be Sued Under It: Assam RERA
The Assam Real Estate Regulatory Authority (RERA) on 21 August held that an association of allottees can file a complaint under the Real Estate (Regulation and Development) Act, 2016, but cannot be made a respondent in a complaint under the Act as it does not fall within the categories of 'promoter', 'allottee' or 'real estate agent'. Chairperson P.K. Borthakur dismissed a complaint filed by commercial unit owner Amar Gupta against Shakti Square Housing Society over maintenance charges, water...
TN REAT Sets Aside RERA Direction For Housing Board To Provide Water Treatment Equipment To 133 HIG Flats
On 24 August, the Tamil Nadu Real Estate Appellate Tribunal (REAT) set aside a direction of the Tamil Nadu Real Estate Regulatory Authority (TNRERA) requiring the Tamil Nadu Housing Board to provide water treatment equipment to all 133 flats in its Higher Income Group (HIG) housing project. A Coram comprising Chairperson Justice M. Duraiswamy and Judicial Member K. Babu held that relief sought by an individual allottee cannot be extended to other flat owners who had not filed the complaint...
Direct Contract With Homebuyers Not A Precondition For Promoter Liability: Telangana RERA
The Telangana Real Estate Regulatory Authority (RERA) on 25 August held that a promoter cannot avoid liability under the Real Estate (Regulation and Development) Act, 2016 merely because the promoter has no direct contract with homebuyers. A Bench comprising Members Laxmi Narayana Jannu and K. Srinivasa Rao held that promoter liability can arise from participation in a project's development, control over it, receipt or use of allottee funds, or commercial benefit from the project, and does not...
Karnataka REAT Directs BCV To Pay For Delayed Possession, Says Consumer Law Principles Apply To RERA Claims
On 24 August, the Karnataka Real Estate Appellate Tribunal (REAT) set aside an order dismissing a complaint against BCV Developers Pvt. Ltd. and directed the developer to pay interest as compensation for delayed possession and non-completion of promised amenities at the “Juniper at Brigade Orchards” project in Devanahalli. A Bench comprising Chairperson Justice J.M. Khazi and Judicial Member Santhosh Kumar Shetty N. observed that principles laid down in consumer law concerning the rights of...
Failed Conciliation Report Cannot Be Basis For Deciding RERA Complaints: Maharashtra REAT
The Maharashtra Real Estate Appellate Tribunal (REAT) on 5 August held that once conciliation between a promoter and homebuyers fails, the conciliation panel's report cannot form the basis for deciding their complaints because the panel's role is confined to facilitating an amicable settlement. A Bench comprising Chairperson S.S. Shinde and Member Dr. Rajagopal Devara partly allowed Supreme Construction & Developers Pvt. Ltd.'s stay applications and permitted the Maharashtra Real Estate...
LiveLawBiz RERA Cases Weekly Digest: August 17 - August 23, 2026
Kerala High CourtRERA Cannot Decide Complaint On Merits Before Numbering, Hearing: Kerala High CourtCase Title: Renney Geo Varghese v. The Kerala Real Estate Regulatory Authority (K-RERA) & Ors.; Sindhu M. Poduval v. The Kerala Real Estate Regulatory Authority (K-RERA) & OrsCase Number : WP(C) No. 24034 of 2026 & WP(C) No. 24977 of 2026Citation : 2026 LLBiz HC(KER) 163The Kerala High Court has ruled that the Kerala Real Estate Regulatory Authority cannot examine the...
RWA-Member Maintenance Disputes Governed By Bye-Laws, Not RERA Act: Punjab RERA
The Punjab Real Estate Regulatory Authority (RERA) held on 14 August that disputes concerning recovery of maintenance charges between a Residents Welfare Association (RWA) and its members do not fall within the scope of the Real Estate (Regulation and Development) Act, 2016. Such disputes concern the relationship between an association and its members and are governed by the association's registered bye-laws and applicable laws. Chairman Rakesh Kumar Goyal dismissed a complaint filed by...