LiveLawBiz RERA Cases Weekly Digest: August 31 - September 5, 2026

NOMINAL INDEXM/s Neumec Developers and Builders v. Chirag Jain and Anr., 2026 LLBiz HC(BOM) 482Hubtown Ltd. v. Smitesh Shivaji Patil, 2026 LLBiz HC(BOM) 483Omaxe Ltd. v. Asha Saini, 2026 LLBiz HC (DEL) 917M/s Prestige South City Holdings v. Prestige Silver Springs Villa Owners Association & Anr.; Prestige Silver Springs Villa Owners Association v. Prestige South City Holdings & Anr., 2026 LLBiz REAT (TN) 60Godrej Skyline Developers Pvt. Ltd. v. Joy Salve, 2026 LLBiz REAT (MH) 61Goyal...

Forfeiture Clause Cannot Be Mechanically Enforced on Cancellation Of Flat Booking: Maharashtra REAT

The Maharashtra Real Estate Appellate Tribunal has ruled that a developer cannot mechanically enforce a forfeiture clause to retain the entire amount paid by a homebuyer on cancellation of his booking.This is particularly so when no Agreement for Sale was executed or registered between the parties.Rejecting the developer's claim that its contractual terms allowed it to keep the payment, the tribunal observed,“We are unable to accept the contention of the Appellant/Promoter that the mere...

Tamil Nadu REAT Directs Prestige To Hand Over Service Plots To Villa Owners' Association

The Tamil Nadu Real Estate Appellate Tribunal (REAT) on 2 September partly allowed an appeal filed by the Prestige Silver Springs Villa Owners Association and directed Prestige South City Holdings and Ratnavara Developers LLP to hand over two service plots in the villa project within two months. A Bench comprising Chairperson Justice M. Duraiswamy and Judicial Member K. Babu noted that a developer and landowner cannot retain service plots earmarked for common use in a sanctioned layout on...

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 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...

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...

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...

Allottee Cannot Claim Corpus Fund Refund After Handover To Residents' Association: Tamil Nadu RERA

The Tamil Nadu Real Estate Regulatory Authority (TNRERA) on 7 August held that an individual allottee cannot seek a refund of the corpus fund from a promoter after the promoter has handed over the corpus fund and maintenance accounts to the registered residents' association.A Coram comprising Chairperson K. Phanindra Reddy and Members A. Nazir Ahamed and Reeta Harish Thakkar rejected a homebuyer's claim for an individual refund from K.G. Foundations (P) Ltd. in relation to the KG Chandra Vista...

LiveLawBiz RERA Cases Weekly Digest: August 10 - August 16, 2026

NOMINAL INDEXKiyana Estate LLP v. Tina Dharamshey and Anr., 2026 LLBiz HC(BOM) 456Bhupinder Singla v. State of Punjab, 2026 LLBiz HC(PNH) 42Sandeep Kumar & Anr. v. Amacon Developers & Ors., 2026 LLBiz REAT (TS) 55Dr. Seema Jain & Anr. v. Omaxe Ltd. & Anr., 2026 LLBiz REAT (HR) 54Sobha Ltd. v. Karnataka Real Estate Regulatory Authority & Ors. c/w Abhishek Senapati & Anr. v. Karnataka Real Estate Regulatory Authority & Anr., 2026 LLBiz REAT (KA) 53Authorised...

Telangana REAT Upholds Order To Refund ₹36.58 Lakh To Homebuyers For Same Plot Sold To Third Party

The Telangana Real Estate Appellate Tribunal (REAT) has upheld an order directing Amacon Developers to refund ₹36.58 lakh with 10.75% annual interest to two homebuyers after it sold the same plot to a third party despite an earlier agreement with them.A bench comprising Chairperson Justice A. Santhosh Reddy, Judicial Member P. Pradeep Kumar Reddy and Administrative Member Vemula Sreekar dismissed the buyers' appeal against the October 16, 2025 order of the Telangana Real Estate Regulatory...

Emails Can Constitute Valid Written Consent For Project Alterations Under RERA: Karnataka REAT

The Karnataka Real Estate Appellate Tribunal (K-REAT) has recently held that authenticated email communications can constitute valid written consent for changes to a real estate project.The consent must be from at least two-thirds of the allottees, as required under Section 14(2)(ii) of the Real Estate (Regulation and Development) Act, 2016.A coram comprising Chairperson Justice J.M. Khazi and Judicial Member Santhosh Kumar Shetty N. held that the RERA Act and Rules do not prescribe a particular...