Builder Must Pay Delayed Possession Interest At Rate It Could Charge Allottee For Default: Allahabad High Court

The Allahabad High Court at Lucknow has recently held that the interest a builder must pay an allottee for delay in handing over possession under the Real Estate (Regulation and Development) Act, 2016, is the same rate that the builder could have charged the allottee had the allottee defaulted. Rejecting a builder's plea that its liability was confined to MCLR+1%, the Court upheld an award of interest at 24% per annum because the builder-buyer agreement itself provided for...

Kerala RERA Awards ₹5 Lakh To Homebuyer After Apartment Lost 'Brand New' Status Due To Prior Use

The Kerala Real Estate Regulatory Authority has directed Sobha Limited and Puravankara Limited to pay ₹5 lakh in compensation to an NRI homebuyer. It found that the developers had used his apartment for their official non-residential purposes before handing it over, causing it to lose its promised "brand new" status.Adjudicating Officer K.S. Sarath Chandran partly allowed the complaint filed by Ernakulam resident, Tomy Abraham. The authority found that photographs placed on record clearly showed...

Homebuyer Cannot Seek Mental Agony Rent Claims After Declining Possession: Tamil Nadu REAT

The Tamil Nadu Real Estate Appellate Tribunal (REAT) on 22 July held that a homebuyer who failed to proceed with registration and take possession after the developer offered the apartment could not claim compensation for mental agony, rent and misleading advertisements. A Bench comprising Chairperson Justice M. Duraiswamy and Judicial Member K. Babut partly allowed an appeal filed by Jerry Fuller against Casa Grande Grace Private Limited, while awarding him Rs. 3 lakh for delayed...

Flat Owners Can't Restrict Common Facility Access When Sale Deed Allows Sharing: Karnataka High Court

The Karnataka High Court on 9 July held that flat owners cannot claim exclusive rights over common amenities where the registered sale deed permits residents of different phases of a housing project to share such facilities. A Division Bench of Justices Jayant Banerji and Tara Vitasta Ganju dismissed the appeal filed by the owners of a flat in the “Arya Hamsa” project and upheld the Karnataka Real Estate Regulatory Authority and Appellate Tribunal orders allowing residents of the neighbouring...

LiveLawBiz RERA Cases Weekly Digest: July 26 - August 1, 2026

Nominal IndexJetal Construction Private Limited v. State of Madhya Pradesh & Ors., 2026 LLBiz HC (MP) 55Vandana Parvez v. Government of India & Ors., 2026 LLBiz HC(MAD) 203Ashish Choudhary & Anr. v. Thills (formerly known as Jaganmata Property Developers Private Limited), 2026 LLBiz RERA (KA) 121Sanjeev Kumar Anwar (HUF) v. M/s Diamond Multistate CGHS Ltd., 2026 LLBiz RERA (DL) 122Filomena Fernandes & Anr. v. M/s Alfredo M. Cotta and Associates & Ors., 2026 LLBiz RERA (GA)...

ORERA's Failure To Decide Within 30 Days Won't Deem Incomplete RERA Application Registered: Orissa High Court

The Orissa High Court has ruled that an incomplete or deficient application cannot be treated as "deemed registered" under Section 5(2) of the Real Estate (Regulation and Development) Act, 2016, merely because the regulatory authority failed to decide it within 30 days.Justice Sashikanta Mishra observed that Section 5(2) applies only to a valid application that complies with the Act, Rules and Regulations. Since Vishnu Associates' application remained incomplete, including for want of the final...

LiveLawBiz RERA Cases Monthly Digest: July 2026

High CourtsKarnataka High Court Karnataka High Court Upholds ₹1.77 Lakh Refund, Says Developer Failed To Establish RERA Exemption ClaimCase Title : Navaratan Jhunjhunwala & Anr. v. Karnataka Real Estate Appellate Tribunal & Ors.Case Number: RERA Appeal No. 76 of 2025Citation : 2026 LLBiz HC(KAR) 119The Karnataka High Court has upheld an order directing a Bengaluru-based real estate developer and its promoter to refund about ₹1.77 lakh with interest to homebuyers.It found that...

Builder Cannot Deny Flat Possession To Subsequent Purchaser Holding Registered Sale Deed: Telengana RERA

The Telangana Real Estate Regulatory Authority (TG RERA) has held that a subsequent purchaser holding a registered sale deed qualifies as an allottee for the limited purposes of proceedings under the Real Estate (Regulation and Development) Act, 2016. It held that a promoter cannot avoid its statutory obligation to hand over possession merely because the apartment was acquired through a subsequent transfer. Partly allowing a complaint against Aparna Constructions & Estates Pvt. Ltd., the...

Bihar RERA Rejects Premature Compensation Claim Against Maa Vindhyavasani Developers, Allows Fresh Plea

The Bihar Real Estate Regulatory Authority on 21 July held that a homebuyer cannot secure compensation from a developer until the Real Estate Regulatory Authority or criminal court first determines the developer's liability, observing that parallel proceedings make a compensation claim premature. Adjudicating Officer Vinod Kumar Tiwari rejected Tarun Alex's compensation complaint against Maa Vindhyavasani Developers Pvt. Ltd. concerning its Rainbow Residency project, while allowing him to file...

Penalty Under RERA Act Can Be Set Aside Only By Appellate Authority Not Private Settlement: Goa RERA

The Goa Real Estate Regulatory Authority (RERA) on 22 July held that a penalty imposed under the Real Estate (Regulation and Development) Act, 2016 cannot be waived merely because a promoter and allottees have subsequently settled their disputes, as such penalty can cease to operate only if the appellate authority reduces or sets aside the order imposing it. Member Vincent D'Silva refused to waive the Rs. 1 lakh penalty imposed on Alfredo M. Cotta and Associates and its proprietor Alfredo M....

Delhi RERA Orders Refund After Housing Society Took Bookings Without Land Needed To Register Project

The Delhi Real Estate Regulatory Authority (Delhi RERA) has directed Diamond Multistate CGHS Ltd. to refund ₹19.89 lakh with 10.75% interest to a homebuyer who booked an apartment in its proposed Delhi Housing Scheme II project. The Authority found that the society neither commenced the project nor informed the buyer that it lacked the land required to register it.Member Devesh Singh held that the society had contravened Sections 12 and 18 of the Real Estate (Regulation and Development) Act,...

RERA Adjudicating Officer Cannot Award Interest While Enforcing Refund Order: Madhya Pradesh High Court

The Madhya Pradesh High Court has recently held that a RERA Adjudicating Officer cannot independently determine and award interest after the Regulatory Authority has already decided a homebuyer's entitlement to a refund and compensation. It ruled that such a determination falls outside the jurisdiction conferred on the Adjudicating Officer under Section 71 of the Real Estate (Regulation and Development) Act, 2016. Justice Milind Ramesh Phadke partly allowed a writ petition filed by Jetal...