Browsing Tag

Delayed possession

44 posts
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.

Possession Dates Are Not Up For Negotiation

In a landmark relief for homebuyers, the Maharashtra Real Estate Appellate Tribunal has stayed a MahaRERA order that overturned refund reliefs, ruling that review powers cannot amend substantive orders. This precedent strengthens homebuyer protections against promoter tactics.
In a key ruling, MahaRERA held that even when an Agreement for Sale is silent on the possession date, the builder must hand over the flat within a reasonable period of three years from the agreement date — failing which, interest is payable for the delay period. The order in the Mauli Omkar project case awarded interest from March 2019 to April 2023 to complainant Sabirali Tufhel Shaikh.

MahaRERA Orders Full Refund with Interest to Homebuyer for Possession Delay

In a significant win for homebuyers, MahaRERA has ruled in favor of a complainant against Viijcon Properties for failing to deliver possession in the Viijcon Cellandine project. The authority ordered a full refund with interest, while dismissing three other complaints due to lack of valid promoter-allottee relationships or incomplete documentation.
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.

Ex Parte MahaRERA Ruling Put on Hold

The Maharashtra Real Estate Appellate Tribunal has temporarily halted an ex parte MahaRERA order against Siddhitech Developers. The ruling, which previously mandated the developer to execute sales agreements and pay interest for delayed possession, is now stayed pending appeal, though the developer is barred from creating third-party rights on the subject flats.
Based on the provided news article, here is an excerpt that captures the essence of the ruling: "In a significant legal victory for homebuyers, the Maharashtra Real Estate Appellate Tribunal (MahaRERA Tribunal) has delivered a detailed order affirming the retroactive power of the Real Estate (Regulation and Development) Act, 2016 (RERA Act). The ruling came in the appeals of two allottees from an incomplete project in Malad, solidifying the protection RERA offers to consumers even for agreements made before the law was enacted.

MREAT Rules Part OC No Shield: Lodha Group to Pay Interest for Delay in Possession

In a major boost for homebuyers, the Maharashtra Real Estate Appellate Tribunal (MREAT) has ordered Lodha Crown Buildmart Pvt. Ltd. to pay interest for delayed possession of flats in the New Cuffe Parade project. The Tribunal clarified that partial Occupancy Certificates do not exempt builders from liability and reinforced that delay must be calculated from the date promised in the sale agreement.
The Bihar RERA has fined a developer ₹1 lakh for displaying "Coming Soon" posters and online ads for an unregistered project, holding that even minimal promotions violate Section 3 of the RERA Act and defeat buyer protection goals.

Neelkanth Infracon Directed to Compensate Homebuyers for Delay

The Maharashtra Real Estate Appellate Tribunal has dismissed Neelkanth Infracon LLP’s appeal and upheld MahaRERA’s order mandating interest payments to homebuyers for delayed possession of flats in the “Neelkanth Kingdom” project.