Karnataka RERA Directs Mantri Developers To Refund Rs. 22.34 Lakh To Homebuyer For Delayed Possession

Karnataka Real Estate Regulatory Authority (Authority) bench, comprising GR Reddy (Member) has directed Mantri Developers to refund Rs. 22.34 Lakhs to the homebuyer for the delayed possession. Background Facts Homebuyer (complainant) booked a flat in the builder's (respondent) project named "Mantri Webcity 3C" located in Bangalore South, Bengaluru Urban in 2017 under the 10:90 scheme. As per the agreement, the builder was obligated to complete the project and hand over possession of...

Haryana REAT Dismisses TDI Infrastructure's Application For Condonation Of 193-Day Delay In Filing Appeal

The Haryana Real Estate Appellate Tribunal (Tribunal) comprising of bench of Justice Rajan Gupta (Chairman) and Shri Rakesh Manocha (Technical Member) has dismissed the TDI Infrastructure application for condonation of a 193-day delay in filing the appeal before the Tribunal. Tribunal observed that the reasons provided by the builder for the delay in filing the appeal were unconvincing and speculative. It noted that the builder being a well-resourced real estate company should have acted...

Karnataka RERA Directs Ozone Urbana Infra Developers To Refund Rs. 61.6 Lakh To Homebuyer For Delayed Possession

Karnataka Real Estate Regulatory Authority (Authority) bench, comprising GR Reddy (Member) has directed Ozone Urbana Infra Developers to refund Rs. 61.6 Lakhs to the homebuyer for the delayed possession. Background facts The homebuyer (Complainant) entered into an agreement for sale to purchase a flat in the builder's (Respondent) project named Ozone Urbana on July 10, 2018. Later, the homebuyer was diagnosed with cancer. Since she was the sole agreement holder, her husband requested...

Karnataka RERA Holds Shriram Properties Liable For Delayed Possession, Orders 12.77 Lakhs Interest To Homebuyer

Karnataka Real Estate Regulatory Authority (Authority) bench, comprising GR Reddy (Member), has directed Shriram Properties to pay Rs. 12.77 Lakhs to the homebuyer as interest for delay in handing over possession of the flat. Background Facts Homebuyer (Complainant) purchased a flat in the builder's (Respondent) project named Shriram Summitt by entering into an agreement for sale on September 7, 2019. As per the agreement, the builder was required to hand over possession of the flat...

Telangana RERA Orders Refund To Homebuyer And Imposes Rs 9.96 Lakh Penalty On Hyderabad-Based Builder For Selling Unregistered Project

Telangana Real Estate Regulatory Authority (Authority) bench, comprising Justice Dr. N. Satyanarayana (Chairperson), K. Srinivasa Rao (Member) and Laxmi Narayana Jannu (Member) directed the Hyderabad based builder named Krithika Infra Developers to refund the amount paid by the homebuyer for purchasing the flat. Additionally, the bench imposed a penalty of Rs. 9.96 lakh on the builder for marketing, advertising and selling the unregistered project to the homebuyer. Background Facts ...

Punjab RERA Holds ATS Estate Liable For Delayed Possession, Orders Refund With Interest To Homebuyer

Punjab Real Estate Regulatory Authority (Authority) Bench, Comprising of Binod Kumar Singh (Member) directed ATS Estates to refund Rs. 17.74 Lakhs along with interest to the homebuyers for the delayed possession. Background Facts Homebuyers (Complainants) booked a residential apartment in Tower-9 of the builder's (Respondent No 1) project named ATS Golf Meadows Lifestyle-2 located at Mohali, Punjab. The builder issued an allotment letter on 27.03.2017 confirming the booking upon...

Homebuyer Forced To Vacate Flat After Taking Possession Due To Unsafe Construction, Haryana RERA Directs NBCC To Pay Compensation

Haryana Real Estate Regulatory Authority (Authority) Bench, Comprising of Rajender Kumar (Adjudicating Officer) has directed National Buildings Construction Corporation Limited (NBCC) to compensate the homebuyer for rental expenses and mental agony after they were forced to vacate their flat as the project was found unsafe for living due to its unsafe construction after taking possession. NBCC is a Public Sector Undertaking (PSU) in real estate and it has multiple projects across Delhi...

Haryana RERA Directs Emaar India To Pay Interest To Homebuyer Of Emerald Hills Floors Project

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Vijay Kumar Goyal (Member), has directed M/s Emaar India Ltd to pay interest to homebuyer from its Emerald Hills Floors Project for delayed possession. Background Facts Homebuyer (Complainant) purchased a flat in the builder's (Respondent) project named "Emerald Hills Floors" located in Sector 65, Gurugram through an assignment letter dated June 6, 2018. The flat was originally booked by the previous owners under...

Haryana RERA Orders Agrante Developers To Refund Amount Paid By Homebuyer

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Arun Kumar (Chairman), has directed Agrante Developers to refund Rs.9.47 Lakhs with interest to homebuyer who purchased a flat in their Beethoven's 8 Project. Background Facts Homebuyer (Complainant) purchased a flat in the builder's (Respondent) project named Beethoven's 8 located in Sector 107, Gurugram by paying an advance of Rs.9,47,000. He decided to proceed with the purchase based on the builder's assurance...

MahaREAT - Society That Owns Land On Which It Is Established and Authorizes Developer For Redevelopment Falls Under Definition Of Promoter

Maharashtra Real Estate Appellate Tribunal (Tribunal), comprising Justice Shriram R. Jagtap (Judicial Member) and Shrikant M. Deshpande (Technical Member) has held that society owning land and authorizing a developer for redevelopment falls under the definition of Promoter under Section 2(zk) of RERA,2016. Background Facts In this case, the Society (Appellant) entered into a redevelopment agreement in 2011 with the builder (Respondent No. 4) to demolish an old building and construct...

Haryana RERA Directs Ocean Seven Buildtech To Pay Interest To Seven Homebuyers For Delayed Possession

Haryana Real Estate Regulatory Authority (Authority) bench comprising Arun Kumar (Chairman), Ashok Sangwan (Member) and Vijay Kumar Goyal (Member) has directed Ocean Seven Buildtech to pay interest to the seven homebuyers of the Golf Heights project located at Sector 69, Gurugram for the delay in handing over possession. Background Facts Seven homebuyers (Complainants) purchased flats in the builder's (Respondent) Affordable Housing project named Golf Heights, located in Sector 69,...

Annual Digest Of Real Estate Cases: 2024

Ministry of Housing and Urban Affairs (MOHUA) The Ministry Of Housing And Urban Affairs Releases Report On The Implementation Status Of The Real Estate (Regulation & Development) Act The Ministry of Housing and Urban Affairs (MOHUA) has released the implementation status report of the Real Estate (Regulation & Development) Act, 2016, commonly known as RERA, in India. Karnataka High Court Karnataka HC Directs State Government To Appoint Chairperson And Members To...