Refund Of Amount Paid By Homebuyer With Interest Did Not Bar Separate Compensation Plea: Haryana REAT

The Haryana Real Estate Appellate Tribunal (REAT) has recently dismissed an appeal by Pareena Infrastructure Private Limited and upheld a compensation award in favour of a homebuyer, holding that a refund with interest does not bar a separate claim for compensation. A bench comprising member Chairman Justice Rajan Gupta and members Dr. Virender Parshad and Dinesh Singh Chauhan held that compensation for financial loss and mental agony under the Real Estate (Regulation and Development) Act,...

RERA Cases Weekly Digest [26th January - 1st February, 2026]

Jacob Eapen Sam & Ors. v. Varghese Nettikadan & Ors., 2026 LLBiz HC (KER) 19Raj Kumar Saini v. District Magistrate, Haridwar & Ors., 2026 LLBiz HC (UTT) 3Delhi Development Authority v. Real Estate Regulatory Authority, NCT of Delhi, 2026 LLBiz REAT (DL) 5Mrs. Ranjana Chaturvedi v. M/s Rajdeep and Company Infrastructure Private Limited, 2026 LLBiz RERA (HP) 21Sanjay Navinchandra Choksi & Anr. v. M/s Kalpataru Property Ventures LLP, 2026 LLBiz RERA (MH) 20Anu Gupta v. Estate...

Delhi–Chandigarh REAT Quashes ₹10 Lakh Penalty on DDA After RERA Missed 30-Day Project Registration Deadline

Enforcing the 30-day deadline already prescribed under the RERA law, the Real Estate Appellate Tribunal for NCT of Delhi and UT of Chandigarh has held that the Real Estate Regulatory Authority cannot keep project registration applications pending indefinitely. Setting aside a Rs 10 lakh penalty imposed on the Delhi Development Authority, the tribunal said the Authority must either approve or reject an application within that period. A bench led by Judicial Member Lorren Bamniyal said the...

RERA Cases Weekly Round Up: 11th January To 18th January, 2026

NOMINAL INDEX PS Group Realty Pvt. Ltd. v. Ayush Trade-links Private Limited, 2026 LLBiz REAT (WB) 2Forum Projects Private Limited & Ors. v. Chittaranjan Choudhury & Ors., 2026 LLBiz REAT (WB) 1Sanju Daulatraj Desai v. Realgem Buildtech Private Limited & Ors., 2026 LLBiz REAT (MH) 5Bhopal Development Authority v. Roop Laxmi Singh, 2026 LLBiz REAT (MP) 4Parth Developer v. Yogesh Mahajan & Anr., 2026 LLBiz REAT (MP) 3Alok Kumar Singh & Ors. v. Intofinity Promoters Private...

MahaREAT Grants Interim Relief to Homebuyer, Says RERA Jurisdiction Not Ousted by Arbitration Clause

The Maharashtra Real Estate Appellate Tribunal (MahaREAT), Mumbai, recently granted interim relief to a homebuyer of the "Rustomjee Crown" project, holding that an arbitration clause in an allocation letter cannot be deemed to oust RERA's jurisdictional power. Additionally, in order to avoid future third-party complications, the Tribunal imposed a status quo on the subject flat and held that a developer cannot demand more than 10% of the consideration without a registered agreement for sale. In...

Landowner In Joint Venture With Developer Not A Homebuyer Under RERA: Madhya Pradhesh REAT

Holding so, the tribunal said RERA cannot adjudicate joint venture disputes between a landowner and developer, leaving parties to civil remedies.

Enforcement Officer Not An 'Authority' Under RERA Act, Orders Have No Force of Law: Madhya Pradesh REAT

The Madhya Pradesh Real Estate Appellate Tribunal (MP REAT) has recently held that an Enforcement Officer under the RERA law is not “the Authority” and therefore has no power to direct a developer to complete project amenities. The tribunal ruled that any such order is without jurisdiction and has no force in law. The bench, comprising Chairman Justice V.P.S. Chauhan and Judicial Member P.C. Gupta, while dealing with an appeal filed by Parth Developer against a 2022 order of a RERA...

Carpet Area Means Net Usable Space, Cannot Be Diluted By Engineering Tolerance: WBREAT

The West Bengal Real Estate Appellate Tribunal (WBREAT) has held that “carpet area” must strictly conform to the statutory definition of net usable floor area. It ruled that promoters cannot rely on tolerance clauses, plaster thickness, or engineering explanations to justify a shortfall in the promised area. A coram of Chairperson Justice Rabindranath Samanta and Administrative Member Dr. Subrat Mukherjee observed that “the intention of law maker was to protect the interest of consumers in real...

WBREAT Upholds Interim Ban On Forum Projects From Selling or Transferring Kolkata 'Atmosphere' Project

The West Bengal Real Estate Appellate Tribunal has upheld an interim order against real estate developer Forum Projects Private Limited. The order restrains the company from selling, transferring, or otherwise dealing with any part of its luxury residential project “Atmosphere” on Kolkata's EM Bypass. A bench of Chairperson Justice Rabindranath Samanta and Administrative Member Dr. Subrat Mukherjee dismissed the developer's appeal. It held that “the interim directions passed by the learned...

Individuals Who Are Not Homebuyers Can Approach RERA If Aggrieved: Odisha REAT

The Odisha Real Estate Appellate Tribunal has ruled that even a person who is not a homebuyer can approach the Odisha Real Estate Authority with a complaint under RERA. It set aside an order of the Odisha Real Estate Regulatory Authority which had dismissed a complaint as not "maintainable”.The tribunal held that the authority wrongly refused to examine whether a project had been registered for land beyond the developer's ownership. The tribunal, comprising Chairman Justice P Patnaik, and...

Homebuyer Cannot Be Forced To Take Possession Of Unallotted Flat: Rajasthan REAT

The Rajasthan Real Estate Appellate Tribunal has held that a real estate developer cannot compel a homebuyer to take possession of a flat that was never allotted to him and cannot deduct administrative charges from a refund when no written Agreement for Sale exists. The tribunal allowed an appeal by a retiree homebuyer and directed the developer to refund the entire amount paid with interest within 45 days.A coram comprising Chairperson Justice Madan Gopal Vyas and Judicial Member Yudhisthir...

UP REAT Orders Probe Into Planning Norm Violations By Greater Noida Authority In Godrej Golf Links Project

The Uttar Pradesh Real Estate Appellate Tribunal (UP REAT) has ordered a government probe into the role of the Greater Noida Industrial Development Authority in granting approvals for the Godrej Golf Links township in Greater Noida, holding that apparent violations of the planning scheme “call for inquiry/investigation as per law”.The tribunal directed the Principal Secretary, Housing and Urban Development, to examine whether the Recreational Entertainment Park scheme and building regulations...