REAT
West Bengal REAT Dismisses RERA Complaint As Complainants Had Already Filed Identical Case Before State Consumer Commission
West Bengal Real Estate Appellate Tribunal (“Tribunal”) bench comprising of Justice Rabindranath Samanta (Chairperson) and Dr. Subrat Mukherjee (Administrative Member) held that a complainant cannot simultaneously pursue identical reliefs before the State Consumer Commission (“Commission”) and the Real Estate Regulatory Authority (“Authority”). The Tribunal applied the doctrine of election and dismissed the complaint before Authority since the same reliefs were already sought before the...
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 requires registration. Accordingly, the Tribunal directed Wadhwa Constructions to register Building No. 18 of...
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 Authority (Authority), which had dismissed the homebuyer's complaint holding him as an investor. Background...
Haryana REAT Dismisses TDI Infrastructure's Application For Condonation Of 193-Day Delay In Filing Appeal
The Haryana Real Estate Appellate Tribunal (Tribunal) comprising of bench of Justice Rajan Gupta (Chairman) and Shri Rakesh Manocha (Technical Member) has dismissed the TDI Infrastructure application for condonation of a 193-day delay in filing the appeal before the Tribunal. Tribunal observed that the reasons provided by the builder for the delay in filing the appeal were unconvincing and speculative. It noted that the builder being a well-resourced real estate company should have acted...
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...