LiveLawBiz RERA Cases Weekly Digest: August 2 - August 8, 2026

NOMINAL INDEXAims Max Gardenia Developers Pvt. Ltd. Thru. Authorized Signatory v. Mrs. Pratibha Gupta, 2026 LLBiz HC(ALL) 62Vishnu Associates Pvt. Ltd., Cuttack v. State of Odisha & Others, 2026 LLBiz HC(ORI) 22Shailesh B. Charati and Another v. M/s Arya Gruha Private Limited and Others, 2026 LLBiz HC(KAR) 135Jerry Fuller V. v. M/s. Casa Grande Grace Private Limited, 2026 LLBiz REAT (TN) 52Kanakia Spaces Realty Pvt. Ltd. v. Subhash Mahadappa Panchgalle, 2026 LLBiz REAT(MH) 51Tomy Abraham v....

Accepting Delayed Possession Does Not Waive Homebuyer's Right To Delay Interest: Maharashtra REAT

The Maharashtra Real Estate Appellate Tribunal (REAT) has recently ruled that a homebuyer's right to claim interest for delayed possession does not disappear merely because the buyer later takes possession or the project's RERA registration is extended.The tribunal observed that accepting possession does not amount to waiver of the accrued right unless the homebuyer consciously and expressly relinquishes it.A bench comprising Chairperson Justice S. S. Shinde and Member (A) Dr. Rajagopal Devara...

LiveLawBiz RERA Cases Weekly Digest: July 20 - July 25, 2026

Nominal IndexM/s Aliens Developers Private Limited v Telangana Real Estate Regulatory Authority & Anr, 2026 LLBiz REAT(TS) 49Rakesh Kumar Sharma v Union of India & Ors, 2026 LLBiz REAT(RJ) 47Air Force Naval Housing Board v Sukhveer Singh Shekhawat (and connected matters), 2026 LLBiz REAT(RJ) 48M/s ODI-Tech Properties Pvt Ltd v Oditech Pride Buyers Association & Ors, 2026 LLBiz REAT(OD) 50M/s Bennett Property Holdings Company Ltd v M/s PNB Techwaves Pvt Ltd & Ors, 2026 LLBiz...

OREAT Upholds ORERA Order Directing Developer To Maintain Common Areas Without Charges Until Handover

The Odisha Real Estate Appellate Tribunal (OREAT) has upheld an Odisha Real Estate Regulatory Authority (ORERA) order directing ODI-Tech Properties Pvt. Ltd. to maintain the common areas of its 'Oditech Pride' housing project without collecting maintenance charges from homebuyers. It held that the developer must continue to do so until management is handed over to the Oditech Pride Buyers Association. "The learned ORERA's direction to the appellant to maintain the common areas without...

Voluntary Flat Booking Cancellation Does Not End Homebuyer's Allottee Status Until Full Refund: Telangana REAT

The Telangana Real Estate Appellate Tribunal has held that a homebuyer who voluntarily cancels a flat booking does not lose the status of an allottee merely because a cancellation deed has been executed.It held that the allottee continues to retain that status until the developer refunds the entire agreed-upon amount.A bench of Chairperson Justice A. Santhosh Reddy, Judicial Member P. Pradeep Kumar Reddy and Administrative Member Vemula Sreekar upheld the Telangana Real Estate Regulatory...

Rajasthan REAT Rejects AFNHB's Plea To Pay 3% Delay Interest Instead Of RERA Rate For No-Profit Housing Project

The Rajasthan Real Estate Appellate Tribunal has recently refused to allow the Air Force Naval Housing Board (AFNHB) to pay homebuyers delay interest at 3% instead of the statutory rate, reiterating that, as a registered promoter under RERA, it cannot deviate from the Rajasthan Real Estate (Regulation and Development) Rules, 2017. A bench of Chairperson Justice Madan Gopal Vyas and Judicial Member Yudhishthir Sharma dismissed four cross-appeals filed by AFNHB and two allottees. It upheld the...

RERA Doesn't Give Homebuyers Right To Insist On Preferred Flat Or Block: Rajasthan REAT

The Rajasthan Real Estate Appellate Tribunal has held that the Real Estate (Regulation and Development) Act, 2016 does not confer any statutory right upon an allottee to insist on allotment of a preferred apartment, block or location. It held that such entitlement depends on the contractual terms agreed between the parties. A Bench of Chairperson Justice Madan Gopal Vyas and Judicial Member Yudhishthir Sharma dismissed an appeal filed by Rail Vihar Phase-III homebuyer Rakesh Kumar Sharma...

Tamil Nadu REAT Upholds Refusal To Remove Sobha VP From RERA Complaint At Preliminary Stage

The Tamil Nadu Real Estate Appellate Tribunal has upheld the Tamil Nadu Real Estate Regulatory Authority's decision refusing to remove Sobha Limited Vice President Sabarinath K.N. from a complaint filed by the Sobha Westhill Owners Association over the Sobha Westhill residential project.A tribunal comprising Chairperson Justice M. Duraiswamy and Members K. Babu and Selvi Apoorva, I.A.S. (Retd.), dismissed Sabarinath K.N.'s appeal. It held that the issue of his liability cannot be decided at the...

Odisha REAT Sets Aside RERA's ₹7 Lakh Penalty Over Notice Served At Wrong Address

The Odisha Real Estate Appellate Tribunal (REAT) has ruled that an ex parte penalty imposed by the Odisha Real Estate Regulatory Authority (ORERA) cannot be sustained where notice was served at the wrong address. It consequently set aside a ₹7 lakh penalty imposed on Bhawani Construction Pvt. Ltd. A Bench of Chairperson Justice P. Patnaik and Members S.K. Rajguru and Dr. B.K. Das held that the company had been denied a reasonable opportunity to be heard because ORERA had issued notice to an...

Rural Project Promoters Cannot Avoid RERA Merely By Relying On Pre-RERA Sale Deeds: Odisha REAT

The Odisha Real Estate Appellate Tribunal (REAT) on 6 July held that execution of sale deeds before the Real Estate (Regulation and Development) Act, 2016 (RERA) came into force does not conclusively establish completion of a project, and a promoter cannot claim exemption from RERA merely on that basis. A Bench comprising Members S.K. Rajguru and Dr. B.K. Das dismissed an appeal filed by Reeta Structurals Pvt. Ltd. and its directors against an Odisha Real Estate Regulatory Authority (ORERA)...

Mental Agony Compensation Under RERA Must Be Based On Actual Hardship: Karnataka REAT

The Karnataka Real Estate Appellate Tribunal (KREAT) on 8 July held that compensation for mental agony under the Real Estate (Regulation and Development) Act, 2016 cannot be awarded mechanically and must depend on factors such as the period of delay, financial burden on the allottee, promoter's conduct and the actual hardship suffered. Chairperson Justice J.M. Khazi and Judicial Member Santhosh Kumar Shetty N partly allowed Adarsh Nivaas Private Limited's appeal and reduced the compensation for...

LiveLawBiz RERA Cases Weekly Digest: July 6 - July 11, 2026

NOMINAL INDEXIbrahim Babubhai Chokiya & Ors. v. M/s Westinrely Developers Pvt. Ltd. & Ors., 2026 LLBiz HC(BOM) 377M.P. Real Estate Regulatory Authority v. Shankar Ji Maharaj Trust, 2026 LLBiz HC(MP) 51St. Patricks Realty Private Limited v. Neha Prasad & Ors. and Connected Appeals, 2026 LLBiz REAT(HR) 42Gurcharan Kaur & Another v. Dheeraj Sharma, 2026 LLBiz RERA(PB) 115Anish Charudatta Galgate & Anr. v. Rejoice Homes LLP & Ors., 2026 LLBiz RERA(MH) 116High CourtsBombay...