Premium Vs Rent: A Principled Approach To RERA's Jurisdiction Over Lease Transactions

The Real Estate (Regulation and Development) Act, 2016 (“the Act”), was enacted with the core objective of safeguarding the interests of homebuyers.[1] While the Act has brought significant transformation to India's real estate landscape, its applicability to lease transactions remains a contentious issue in many states. The ambiguity surrounding the applicability of the Act to lease transactions arises from seemingly contradictory provisions of the Act. Section 2(d) includes within...

Acting As Real Estate Agent Without Registration, Telangana RERA Imposes Rs. 3.69 Lakh Penalty

Telangana Real Estate Regulatory Authority (Authority) bench, comprising Justice Dr. N. Satyanarayana (Chairperson), K. Srinivasa Rao (Member), and Laxmi Narayana Jannu (Member) imposed a penalty of Rs. 3.69 Lakhs on Mr. Sikha Balaraju and his two companies for acting as real estate agents without registration, which is a statutory requirement under Section 9 of the RERA Act,...

Tamil Nadu RERA Directs Tamil Nadu Housing Board To Execute Sale Deed And Handover Possession To Homebuyer

Tamil Nadu Real Estate Regulatory Authority (Authority) bench, comprising Thiru L.Subramanian (Member) directed Tamil Nadu Housing Board to execute the sale deed and officially hand over possession of the flat to the homebuyer. The case involved a homebuyer who had made full payments for a flat but faced delays and unresolved issues regarding the handover of...

MahaREAT – Project Without Completion Certificate Treated As Ongoing, Requires RERA Registration

Maharashtra Real Estate Appellate Tribunal (Tribunal), comprising Justice Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Member), held that any building which has not received a completion certificate from the competent authority as on the date of commencement of the Real Estate (Regulation and Development) Act, 2016 (“Act”), will be treated as an ongoing project and...

Delay Of More Than Nine Years, Haryana RERA Directs Builders Of Capital Gateway Project To Pay Interest & Handover Possession To Homebuyer

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member) has directed builders of Capital Gateway Project to pay interest and handover the possession of the flat to Homebuyer. Homebuyer approached the authority after builders failed to provide the possession even after the delay of more than 9 Years. The promoters of project are KNS Infracon and...

Haryana RERA Directs Savyasachi Infrastructure To Refund Amount With Interest To Complainant Who Booked Commercial Unit

Haryana Real Estate Regulatory Authority (Authority) comprising Justice Ashok Sangwan (Member), has directed the Savyasachi Infrastructure to refund the entire amount paid by the Complainant with interest who had booked commercial unit in their project. Background Facts In 2017, the builder (Respondent) launched a project named Amaya Greens under the Deen Dayal Jan Awas Yojna...

Karnataka RERA Holds Mantri Developers Liable For Delay, Orders 2.56 Crores Refund To Homebuyer

Karnataka Real Estate Regulatory Authority (Authority) bench, comprising GR Reddy (Member), held Mantri Developers liable for delay in handing over possession to the homebuyer and ordered Rs. 2.56 crore refund. Additionally, it directed the builder to foreclose the bank loan taken by the homebuyer in his name to fund the purchase from PNB Housing Finance Limited...

MahaRERA Directs Piramal Estates To Refund Money Paid By Three Homebuyers, After Deducting 2% Of Total Consideration Amount

Maharashtra Real Estate Regulatory Authority (Authority) bench, comprising of Mahesh Pathak (Member – I) has directed Piramal Estates to refund the amount paid by three homebuyers after deducting 2% of the total consideration. Background Facts The homebuyers (Complainants) booked their respective flats in the builder's (Respondent) project, Vaikunth Cluster 4, located in Thane...

HYDRAA - Balancing Development And Justice In Telangana

The recently constituted Hyderabad Disaster Response and Asset Protection Agency[1] (HYDRAA) by the Government of Telangana (Government) has been on a demolition drive of illegal structures since its formation on July 19, 2024 in Telangana, for regulating and safeguarding government property from encroachment, unauthorised allotments and constructions; while preserving lakes, waterbodies and protected zones, namely the Full Tank Level (FTL) lands, Buffer Zones and the G.O. 111 lands. Operating...

Delhi REAT Holds Homebuyer Who Booked Flat Under Buy-Back Scheme As Allottee, Remands Matter To Delhi RERA

Real Estate Appellate Tribunal, NCT of Delhi (Tribunal) comprising of Justice Chander Shekhar (Chairperson) and Lorren Bamniyal (Judicial Member) held in favour of the homebuyer who had booked a flat under the Buy Back scheme. The Tribunal concluded that the homebuyer falls within the definition of 'allottee' and remanded the matter to the NCT Delhi Real Estate Regulatory...

Telangana RERA Penalises Builder For Unilaterally Cancelling Homebuyers Allotment, Also Holds Real Estate Agent Liable

Telangana Real Estate Regulatory Authority (Authority) bench, comprising K. Srinivasa Rao (Member) and Laxmi Narayana Jannu (Member) has imposed a penalty of Rs. 8.57 lakh each on the builder and the real estate agent for unilaterally canceling the allotment of the homebuyer and violating the provisions of the RERA, 2016. Background Facts The homebuyers purchased flats in the...

Haryana RERA Directs Imperia Structures To Pay Assured Returns To Complainant

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Vijay Kumar Goyal (Member) directed Imperia Structures to pay assured returns to complainant who purchased an office in their project under the Assured Returns scheme. Assured returns projects are schemes where builders promise to pay a fixed amount to homebuyers at regular intervals (usually monthly) for a...