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...

Karnataka REAT Directs Builder To Provide Car Parking Space Without Charging Extra Money

Karnataka Real Estate Appellate Tribunal (Tribunal) Bench, comprising Santhosh Kumar Shetty N. (Judicial Member) and Mahendra Jain (Administrative Member) directed the builder to provide a car parking space to the homebuyer with their 1BHK flat without charging any extra money. The Tribunal rejected the builder's contention that they had mistakenly mentioned providing the car parking space in the sale agreement. Background Facts Homebuyer (Complainant) booked a flat in the...

Will Homebuyer Who Converted His Paid Amount Into Unsecured Loan Fall Under Definition Of Allottee? MahaREAT Answers

Maharashtra Real Estate Appellate Tribunal (Tribunal) bench, comprising Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Technical Member), has held that homebuyer who converts their paid amount into an unsecured loan will not fall under the definition of an allottee. As the paid amounts are no longer considered as payments for the purchase of the Flat. Instead, they are recognized as a loan which removes the homebuyer from the status of an allottee. Background Facts The ...

Rajasthan REAT Directs Air Force Naval Housing Board To Pay Interest To Homebuyers

Rajasthan Real Estate Appellate Tribunal (Tribunal), comprising Yudhisthir Sharma (Judicial Member), has directed the Air Force Naval Housing Board to pay interest to homebuyers in accordance with the RERA rules, which stipulate an interest rate of SBI MCLR + 2%. This decision comes after the Rajasthan Real Estate Regulatory Authority (Authority) had previously ordered only 3% interest for delayed possession to the homebuyers. AFNHB is a welfare organization that provides residential...

Whether CIDCO Falls Under Definition Of Promoter For Town Development Activities? MahaREAT Answers

Maharashtra Real Estate Appellate Tribunal (Tribunal) bench, comprising Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Technical Member), has held that the City and Industrial Development Corporation of Maharashtra Ltd. (CIDCO), which is a fully owned undertaking of the Government of Maharashtra and functions as a special planning authority for the development of new towns, falls under the definition of a Promoter under RERA, 2016. Background Facts In October 2018,...

MahaREAT - Homebuyers Have Unconditional Right To Claim Interest, Sets Aside MahaRERA Conditional Payment Of Interest Order

While setting aside the order of Maharashtra Real Estate Regulatory Authority (Authority), Maharashtra Real Estate Appellate Tribunal (Tribunal), comprising Justice Shriram R. Jagtap (Judicial Member) and Shrikant M. Deshpande (Technical Member), has held that Homebuyers right to seek interest upon delay under Section 18(1) of RERA, 2016 is unqualified and conditional. The homebuyer appealed to the Tribunal after the Authority allowed the builder to pay interest after obtaining the...

MahaREAT Directs Builder To Refund Entire Amount With Interest From The Date Of Payment

Maharashtra Real Estate Appellate Tribunal (Tribunal), comprising Justice Shriram R. Jagtap (Judicial Member) and Shrikant M. Deshpande (Technical Member), has set aside the decision of the Maharashtra Real Estate Regulatory Authority (Authority) that awarded interest on the refund amount from the due date of possession. Instead, the Tribunal directed Darode Jog Homes Pvt. Ltd. (builder) to pay interest on the refund amount from the date of payment. Background Facts Homebuyer ...

MahaREAT Dismisses Homebuyer's Application For Condonation Of 298-Day Delay In Filing Appeal

Maharashtra Real Estate Appellate Tribunal (Tribunal) Bench, comprising SS Shinde (Chairperson) and Dr. K. Shivaji (Technical Member), has dismissed the homebuyer's application for condonation of a 298-day delay in filing the appeal before the Tribunal. The homebuyer appealed the Maharashtra Real Estate Regulatory Authority (Authority) order dated October 27, 2021. According to Section 44(2) of the Real Estate (Regulation and Development) Act, 2016, the homebuyer had 60 days from the...

Assam REAT - RERA Does Not Have Retroactive Application To Already Completed Real Estate Projects

The Assam Real Estate Appellate Tribunal ('Tribunal') bench, comprising Justice (Retd.) Manojit Bhuyan (Chairperson), has held that the provisions of the Real Estate (Regulation and Development) Act, 2016, cannot be applied retroactively to projects that were completed prior to the enactment of the Act. Accordingly, the Tribunal dismissed the appeal of the appellant regarding the project in question, which obtained an Occupancy Certificate on 07.05.2014.Occupation Certificate is a document...

TNREAT Orders Hiranandani Realtors To Register The Entire Township Project Under RERA As One Unit

The Tamil Nadu Real Estate Appellate Tribunal (Tribunal) bench, comprising of Justice M. Duraiswamy (Chairperson) and R. Padmanabhan (Judicial Member), has ordered Hiranandani Realtors to register the entire Township project, which includes many high-rise buildings, under The Real Estate Regulatory Authority (RERA) as one unit. Furthermore, Tribunal has also ordered Hiranandani Realtors to return 70% of the total corpus fund and all documents related to the township project to the...

MahaREAT: Despite The Allotment Letter Issued During The MOFA Regime, The Registered Project Will Still Be Covered Under RERA

The Maharashtra Real Estate Appellate Tribunal (Tribunal) bench, comprising Justice Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Technical Member), has held that even if the allotment letter has been issued to allottees under the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management, and transfer) Act, 1963 (MOFA), the real estate project will still be covered under the Real Estate (Regulation and Development) Act, 2016 (RERA) if the real...

REAT Delhi: While Exercising Its Authority Through Suo-Motu Proceedings, RERA Must Inform The Concerned Party Of The Alleged Violations

While setting aside the order and penalty imposed by the Delhi Real Estate Regulatory Authority (RERA or Authority), the Delhi Real Estate Appellate Tribunal (REAT or Tribunal) bench comprising of Justice Chander Shekhar (Chairperson), Lorren Bamniyal (Judicial Member), and Sheo Pratap Singh (Technical Member), has held that RERA, while exercising its authority against a promoter or any real estate agent through suo-motu proceedings, must inform the concerned party of the alleged...