Browsing Tag

Appellate Tribunal

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MahaRERA Appellate Tribunal rules that settlement on possession & payment does not waive homebuyer’s right to RERA delay interest unless explicitly recorded.

Settlement on Possession & Payment Does NOT Waive Homebuyer’s Right to Interest on Delayed Possession

MahaRERA Appellate Tribunal rules that settlement on possession & payment does not waive homebuyer’s right to RERA delay interest unless explicitly recorded.
In a landmark ruling, the Maharashtra Real Estate Appellate Tribunal has directed Omkar Realtors to refund ₹7.69 crore plus interest from 2016 to a family for a flat in the stalled Omkar 1973 project, overturning MahaRERA’s order that denied interest and allowed a 2% deduction.

Omkar 1973: Builder Delayed Possession, MahaRERA Denied Interest & Cut 2%; Tribunal Grants Full Refund + Interest

In a landmark ruling, the Maharashtra Real Estate Appellate Tribunal has directed Omkar Realtors to refund ₹7.69 crore plus interest from 2016 to a family for a flat in the stalled Omkar 1973 project, overturning MahaRERA’s order that denied interest and allowed a 2% deduction.
In a stark reminder of delayed justice in Mumbai’s property cases, the Bombay High Court has finally ordered eviction of a licensee from a Bandra flat after nearly 48 years of legal battle. (130 characters)

Homebuyers Are Vulnerable, Developers Not on Equal Footing: Bombay High Court

In a powerful pro-homebuyer verdict, the Bombay High Court has held that allottees are “generally very vulnerable” and cannot be placed on equal footing with promoters, clearing the way for withdrawal of deposited refund amounts during developer appeals.
India’s housing market is shifting toward bigger homes, with average apartment sizes rising 17% in two years as luxury demand surges and buyers prioritize space, lifestyle, and premium living.

Deceptive “Automatic Extension” Clause Fails: MahaRERA Tribunal Rescues Homebuyer from Builder’s Delay

In a significant win for property buyers, the Maharashtra Real Estate Appellate Tribunal has ruled that builders cannot use “automatic extension” clauses to bypass RERA deadlines. The Tribunal ordered Theme Infraprojects to refund ₹62 lakh with interest to a buyer after rejecting the builder’s claim that one-sided agreement clauses justified a six-year delay.
In a pioneering ruling, MahaREAT directs developers to repay a buyer's 2009 cash booking of ₹7.5 lakh as part of ₹15 lakh relief with interest, upholding an unregistered deal and piercing partnership defenses.

MahaRERA Tribunal Slams Developer: No Proof of Homebuyer Consent for Porject Delays

In a significant win for homebuyers, the Maharashtra Real Estate Appellate Tribunal on July 9, 2025, rejected developer Joy Homecreation Limited’s claim that allottees consented to project delays for “Joys Adinath Tower-II.” The Tribunal found no documentary proof of such consent and ordered the promoter to pay interest immediately for delayed possession, overriding a previous MahaRERA order.