Browsing Tag

MahaREAT

17 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.

⚡ 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.
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.

MahaREAT Orders Developer to Pay Interest and Upfront Payment Rebate to Homebuyers in Key RERA Ruling

A significant ruling by the Maharashtra Real Estate Appellate Tribunal has mandated a developer to pay both delayed possession interest and a promised upfront payment rebate to homebuyers, in addition to the refund amount. The judgment clarifies that these financial reliefs are a mandatory part of the allottee’s protection under the RERA Act.
The Maharashtra Real Estate Appellate Tribunal (MahaREAT) set aside a MahaRERA order, ruling that a cooperative housing society that terminates a developer and undertakes self-redevelopment is not a 'Promoter' under RERA and is not liable for the former developer's debts or obligations to third-party allottees.

MahaREAT Landmark Ruling: Housing Societies Not Automatically ‘Promoter’ for Erstwhile Developer’s Liabilities

The Maharashtra Real Estate Appellate Tribunal (MahaREAT) set aside a MahaRERA order, ruling that a cooperative housing society that terminates a developer and undertakes self-redevelopment is not a ‘Promoter’ under RERA and is not liable for the former developer’s debts or obligations to third-party allottees.
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.

Delay Excused: Developer’s Appeal Against MahaRERA to Proceed

In a significant ruling for homebuyers, the Maharashtra Real Estate Appellate Tribunal (MahaREAT) has allowed a developer’s delayed appeal to proceed. The developer, Runwal Developers Pvt. Ltd., successfully argued that a long delay in challenging a MahaRERA order was due to their “bonafide” pursuit of a review application. While the court recognized the delay , it concluded there was no negligence or intentional prolonging of the matter. The appeal was allowed on the condition that the developer pays a cost of ₹10,000 to the homebuyers.
In a landmark decision, the Maharashtra Real Estate Appellate Tribunal ruled that developers cannot cancel registered sale agreements merely because of delayed payments — a major win for Indian homebuyers and a strong reinforcement of legal protections under RERA and property law.

Indiabulls Sky Forest Case: Landmark RERA Ruling Orders Developer to Issue Full Refunds with Interest

The Maharashtra Real Estate Appellate Tribunal has issued a pivotal ruling in the Indiabulls Sky Forest case, directing the developer to provide homebuyers full refunds with interest, notably calculating interest on a significant portion from the original payment dates. This decision underscores RERA’s strength in safeguarding consumers against project delays.