Haryana RERA Orders Vatika To Pay Delay Interest And Execute Conveyance Deed In Favour Of Homebuyer

Haryana Real Estate Regulatory Authority (“Authority”) bench compromising of Arun Kumar (Chairperson) directed Vatika to pay interest for the delay in handing over possession and to execute the conveyance deed in favour of the homebuyer. Background Facts Homebuyer (Complainant) purchased a flat in the builder's (Respondent) project “High Street at INXT” located in Sector 83, Gurugram. The total sale consideration was Rs. 1.41 crore and in total the homebuyer paid Rs. 1.53 crore to...

Commercial Unit Buyers Not Barred From Seeking Arbitration Relief After Availing Remedies Under RERA: Delhi High Court

The Delhi High Court bench of Justice Pratibha M. Singh and Justice Shail Jain has held that Buyers of commercial units are not prohibited from seeking arbitration relief subsequent to availing remedies under RERA, provided that the arbitration petitions were filed after a change in circumstances. Background The Appellants had entered into a Memorandum of Understanding (MoU) with Neo Developers for booking commercial units in New Square Mall, Gurugram. Disputes arose between the...

West Bengal REAT Dismisses RERA Complaint As Complainants Had Already Filed Identical Case Before State Consumer Commission

West Bengal Real Estate Appellate Tribunal (“Tribunal”) bench comprising of Justice Rabindranath Samanta (Chairperson) and Dr. Subrat Mukherjee (Administrative Member) held that a complainant cannot simultaneously pursue identical reliefs before the State Consumer Commission (“Commission”) and the Real Estate Regulatory Authority (“Authority”). The Tribunal applied the doctrine of election and dismissed the complaint before Authority since the same reliefs were already sought before the...

Tamil Nadu RERA Directs Alliance Group To Refund Money Deducted As Cancellation Fee To Homebuyer

Tamil Nadu Real Estate Regulatory Authority Bench, comprising Dr. L. Subramanian (Member) and Adv. M. Krishnamoorthy (Member) directed Alliance Group to refund Rs. 50,000 to the homebuyer. The amount was deducted as a cancellation fee for a flat after the homebuyer cancelled the booking when the possession date was shifted from 2018 to 2020. Background Facts Homebuyer (Complainant) purchased a flat in the builder's (Respondent) project named “Augustus Alliance Galleria” located in...

Simultaneous Legal Proceedings In Consumer Forum And RERA Not Sustainable: West Bengal Real Estate Appellate Tribunal

The West Bengal Real Estate Appellate Tribunal, Kolkata bench comprising Rabindranath Samantha, Chairperson and Subrat Mukherjee, Administrative member has held that simultaneous legal proceedings in the consumer forum and before the Real Estate Regulatory Authority in respect of the same cause of action cannot be pursued. Brief facts: M/s M.S Enterprise is a partnership firm ('promoter') carrying on the business of development and construction works. Parbind Pandit and Mita Roy...

Haryana RERA Directs Imperia Structures To Pay Assured Returns To Complainant

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member) directed Imperia Structures to pay assured returns to complainant who purchased an office in their IT Park. While directing the builder, the Authority clarified that if an allottee is entitled to both assured return and delay possession charges, the allottee shall receive whichever is higher. Background Facts Complainant purchased a virtual space office in the builder's (Respondent) IT...

Haryana RERA Issues Arrest Warrants Against Directors Of Parsvnath Developers

Haryana RERA, Panchkula Bench consisting of Adjudicating Officer Major Phalit Sharma (ADSJ Retd.) has issued arrest warrants against the directors of Parsvnath Developers for failing to comply with the Authority's order to pay Rs.8.6 lakh in compensation to a homebuyer and for evading service of the Authority's notice. Background Facts In 2022, Haryana RERA ordered Parsvnath Developers Ltd. (Judgement debtor) to pay Rs.8,63,914 to the homebuyer (Decree Holder) as compensation....

Haryana RERA Clarifies Homebuyers Opting To Stay In Project Cannot Seek Compensation, Dismisses Claim Against BPTP

Adjudicating Officer (AO) Bench of the Haryana Real Estate Regulatory Authority headed by Rajender Kumar clarified that homebuyers who choose to stay in the project after a delay and have accepted monthly interest for the delay are not entitled to claim any further compensation before the Adjudicating Officer. Under the RERA, 2016 framework, the AO is appointed under Section 71 by the Authority in consultation with the State Government. The AO must be a person who is or has been a...

Haryana RERA Holds 3 Years To Be Reasonable Time For Filing Complaints, Dismisses Homebuyer's Complaint Against Emaar

Haryana Real Estate Regulatory Authority (Authority) bench comprising of Ashok Sangwan (Member), held that while the RERA Act, 2016 does not contain any specific provision imposing a limitation period, a delay of more than three years in approaching the Authority is unreasonable. In doing so, the Authority departed from its earlier stance where it had allowed a homebuyer's complaint even though it was filed more than six years after the offer of possession. Previously, several RERA...

Haryana RERA Provides Refund To Homebuyer Who Purchased Flat Under Impression Of Being Developed And Marketed By Godrej Properties

Haryana Real Estate Regulatory Authority Bench, comprising Ashok Sangwan (Member), directed a refund to the homebuyer along with interest for a flat booked in the Godrej Icon project at Sector 88A and 89A, Gurugram. The homebuyer had made the payment under the impression that the project was being developed by Godrej Properties (Respondent No. 2), whereas it was actually being developed by Oasis Landmarks LLP, a joint venture partner of Godrej Properties. Section 12 of the RERA Act,...

Karnataka RERA Directs Ozone Infra Developers To Refund Rs. 70.33 Lakh To Homebuyer For Delayed Possession

Karnataka Real Estate Regulatory Authority (Authority) bench, comprising GR Reddy (Member) has directed Ozone Infra Developers to refund Rs. 70.33 Lakhs to the homebuyer for the delayed possession. Background Fact Homebuyers (Complainants) entered into a sale agreement with the builder on 5 September 2018 to purchase an apartment in the builder's (Respondent) project named “Ozone Urbana Prime”. As per the agreement and the memo of calculation, the expected date of completion of the ...

[Advt.] RERA & Legal Due Diligence Mastery: Advanced Industry-Ready Certification On REAL ESTATE Laws

Into Legal World is a company registered under the Ministry of Corporate Affairs as Parivritt Enterprises Pvt Ltd., a member of the International Trade Council, certified by ISO, and funded by UPIT (the Government of Uttar Pradesh) under the Startup India program. The company has several wings, such as the Into Legal World Foundation, Into Legal World Institute, and the Publication Wing. The company's endeavor is to provide courses at a reasonable rate so that they are affordable to all.DY Patil...