Browsing Tag

Delayed possession

50 posts
In a sharp rebuke to one-sided builder clauses, the Appellate Tribunal has ordered Omkar group to refund nearly ₹1.15 crore with interest to an NRI allottee in the Omkar Meridia project, holding that making refund conditional on selling the flat to a new buyer is unconscionable and against RERA.

Delayed Possession Claim Fails After Accepting Flat – Key MahaRERA Ruling

In a notable ruling, MahaRERA rejected a homebuyer’s claim for delay interest after they took possession of the flat and filed the complaint 10 months later, citing inbuilt limitation under Section 18.
Bombay HC rules flat agreements don’t give land ownership to societies, sets aside decades-old Thane dispute.

Homebuyers Beware: Unregistered MOU + Project Change = Zero Rights in MahaRERA

MahaRERA has dismissed a complaint seeking interest on ₹1.53 crore paid in 2011, ruling that an old unregistered MOU offers no protection when a project undergoes major changes through a Joint Development Agreement.
MahaRERA has allowed deregistration of Prithvi Sneh project but made it clear that the builder remains liable for all previous orders and cannot escape past liabilities.

Builder Sells Flat 701, Renumbers it 702, RERA Orders Buyer to Take 702 + Delay Interest

In a peculiar case, a Nagpur promoter renumbered the buyer’s Flat 701 to 702 without consent and sold the original flat to another person. MahaRERA has now directed the promoter to correct the documents and hand over Flat 702 along with substantial delay interest.
MahaRERA rejected a review filed after four years, highlighting why delay and weak legal grounds can defeat your case.

21-Year Wait: MahaRERA Orders Refund + Interest from 2009 for 2005 Andheri Booking

MahaRERA has directed refund of ₹21,84,318 with interest from 5 June 2009 in Complaint No. CC006000000302896 after finding 21-year delay in handing over possession of Flat 901 in Sun Beam, Andheri West.
In a strong pro-homebuyer ruling, the Bombay High Court has held that allottees who continue with a delayed project do not lose their statutory right to claim interest under Section 18 of RERA. The Court dismissed the promoter’s appeal and upheld interest from the original due date of possession.

Homebuyers Can Claim Interest for Delayed Possession Even If They Stay in the Project

In a strong pro-homebuyer ruling, the Bombay High Court has held that allottees who continue with a delayed project do not lose their statutory right to claim interest under Section 18 of RERA. The Court dismissed the promoter’s appeal and upheld interest from the original due date of possession.