Browsing Tag

homebuyer rights

86 posts
Bombay HC rules tenants' right to safe housing outweighs builder's profits in 11-yr stalled Lower Parel redevelopment. Stay on termination denied; new developer can proceed. Key 23 Jan 2026 judgment.

Builder’s Fraud Backfires: Tried to Cancel Flat After Delaying Registration – Homebuyer Wins Big in Tribunal

In a landmark ruling that highlights how builders cannot escape liability for…
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.

Homebuyers File RERA Complaint – Builder Terminates Agreement 4 Years Later – Authority Says: No Escape

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.
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.

Homebuyer Paid to Director of Real Estate Firm, Director Died, Surviving Directors Claimed Ignorance — MahaRERA Steps In to Deliver Justice

In a significant win for homebuyers, MahaRERA and the Appellate Tribunal upheld a 2005 booking despite the handling director’s death and promoters’ denial of knowledge, directing execution of agreement for an equivalent flat or refund with interest — a reminder of RERA’s buyer protections even in legacy cases.
The Rais booked a flat in 2013, paid ₹79 lakh, and were promised possession by December 2017. What followed was a developer collapse, a project takeover, a majority consent exercise they never agreed to — and a regulator that told them to cooperate. The tribunal disagreed.

Homebuyers Entitled to Interest on Refund from Date of Payment Receipt, Not Project Default Date – Landmark Win in Withdrawal Case

In a key February 2026 decision, MahaREAT ruled that homebuyers withdrawing from delayed projects under RERA are entitled to interest from the promoter’s receipt of payments—not from later default dates—overturning a MahaRERA order in the Mullaji vs. Onyx Builders case involving stalled projects in Kurla West, Mumbai.
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.