Browsing Tag

homebuyer rights

86 posts
MahaREAT has ruled that homebuyers who file civil suits first for possession and interest cannot later file RERA complaints for identical reliefs, dismissing RERA complaints as non-maintainable due to forum shopping.

“Fit-Out Possession” Declared Legally Invalid Without OC: MahaRERA Rules in Favor of Delayed Homebuyers

In a landmark MahaRERA ruling, “fit-out possession” without OC is deemed legally invalid, holding promoters liable for delays in a Vasai housing project. Homebuyers awarded interest from Dec 2018, deferred till OC, highlighting RERA’s balance between buyer relief and project viability.
In a ruling that clarifies the scope of RERA protections, MahaRERA has held that an initial investment later converted into a registered flat purchase creates a valid allottee-promoter relationship, entitling the complainant to withdraw from a delayed project and claim full refund with interest, irrespective of COVID-related extensions.

Carpet Area Changes: What MahaRERA Rules Actually Say — A Simple Explainer for Homebuyers

A new MahaRERA order reiterates key rules on carpet area variation, the 3% permissible limit, and refund obligations. Here’s a simple explainer on how builders must confirm final area after OC and what rights homebuyers can exercise if the area changes.
MahaREAT has ruled that homebuyers who file civil suits first for possession and interest cannot later file RERA complaints for identical reliefs, dismissing RERA complaints as non-maintainable due to forum shopping.

⚡ Builder Sold Flat… Then Mortgaged It! MahaRERA Tribunal; Says Builder Must Clear Mortgage, Give Possession & Pay Interest

MahaREAT has upheld a MahaRERA order directing Lokhandwala Kataria Construction to clear an illegal mortgage, hand over OC-backed possession, and pay delay interest to homebuyer Faisal Sabir Rashid. The builder had mortgaged the flat after selling it, violating RERA. The appellate ruling makes the 2024 order final and enforceable.
MahaRERA rules builder's one-sided termination — issued 4 years after homebuyers' complaint — cannot cancel statutory delay interest rights under RERA while project incomplete, granting interest from Jan 2022 till possession with OC in Ruparel Skygreens I case.

RERA Can’t Guarantee Delivery: MahaRERA Orders Justice After 5-Year Delay

A MahaRERA order highlights that RERA registration does not ensure timely possession. After a five-year legal fight, a homebuyer secured a refund with interest as the authority found the developer guilty of defaulting even after signing the agreement post-RERA implementation.
In a landmark ruling, the Bombay High Court has cleared the path for the BMC to take direct control of a Malad East slum rehabilitation project, rehabilitating eligible dwellers at its own expense after cancelling a private developer's NOC for non-compliance. The decision prioritizes public amenities on civic land and highlights landowner rights in Mumbai's redevelopment landscape.

Transit Rent Default Can Cost Builders Their Personal Assets, Bombay HC Signals in Strong Order

The Bombay High Court has ruled that developers who default on paying transit rent to slum dwellers can now have dues recovered from their personal assets, thanks to the newly inserted Section 33B. Calling for strict implementation, the Court directed SRA to decide transit rent complaints within 15 days and ensure immediate disbursal with interest.