Browsing Tag

homebuyers rights

26 posts

Homebuyers Have a Right to Peaceful Protest and Freedom of Speech: Supreme Court

In a significant judgment dated April 17, 2025, the Supreme Court ruled in favor of homebuyers who peacefully protested against a developer for unmet promises. The Court upheld their right to freedom of speech and quashed a defamation case, calling it a misuse of the legal process. This ruling strengthens the voice of consumers in real estate disputes.
In a blow to real estate borrowers, the Bombay High Court has ruled that a single mortgage securing multiple loans counts as separate transactions, forcing Mumbai developer Neepa Real Estates to pay an extra ₹72 lakh in stamp duty and penalties on ₹625 crore worth of loans.

MahaRERA Appellate Tribunal Overturns RERA Order, Emphasizes Homebuyer Rights Over Arbitration Agreements

The Maharashtra Real Estate Appellate Tribunal has overturned a RERA order, clarifying that arbitration clauses in prior agreements do not override the jurisdiction of the RERA Act in homebuyer disputes. The tribunal’s decision reinforces the importance of RERA in protecting homebuyers and ensures cases are decided on their merits.
MahaRERA has cleared more than 5,000 homebuyer complaints in just 10 months, a move that brings long-awaited relief to families struggling with delayed homes and broken promises. With faster hearings and tighter checks on new projects, the regulator is aiming to protect buyers and prevent future disputes.

MahaRERA Directs Developer to Allocate Car Parking to Homebuyers, Warns of Penalty for Non-Compliance

The Maharashtra Real Estate Regulatory Authority (MahaRERA) has ordered the developer of Suyog Nisarg Phase III to allocate promised car parking spaces to three homebuyers within 30 days. The ruling, delivered after the developer’s absence from the hearing, warns of penalties for non-compliance and highlights ongoing registration and compliance issues with the project.
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.

Possession Without an Agreement for Sale? MahaRERA Cracks Down on Builder

In a shocking turn of events, homebuyers in Gagan Nulife Phase 1 took possession of their flats without an Agreement for Sale. MahaRERA has now stepped in, ordering Gagan Lifespaces to execute the agreement within 60 days, ensuring buyers’ legal rights.
Depressed homebuyer

MahaRERA Dismisses Homebuyers’ Refund Plea as They Relinquished Property to Lender

MahaRERA has ruled that homebuyers who relinquish their property to a lender lose their right to claim refunds from the developer. In a case involving the Zeal Regency project, two buyers sought a refund after the project was delayed, but MahaRERA dismissed their plea, citing that they had surrendered ownership to the lender, who later auctioned the flat.