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MahaRERA

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Tribunal Rules Housing Society Not a Promoter Under RERA

Tribunal Rules Housing Society Not a Promoter Under RERA

In a landmark order, MREAT has clarified that a housing society redeveloping its property is not a “promoter” under RERA. The ruling could impact thousands of societies undertaking redevelopment across Mumbai and Maharashtra.
The Supreme Court has ruled that earnest money cannot be forfeited when both the buyer and seller are at fault, offering vital clarity on homebuyer rights and equitable remedies in real estate disputes.

How Much Money Can a Builder Forfeit If a Homebuyer Cancels a Deal?

MahaRERA’s 2022 order limits how much developers can deduct when a buyer cancels a flat booking — capping forfeiture at 2% before the agreement is signed, ensuring fairness and faster refunds for Maharashtra homebuyers.
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.
In a setback to the housing society, the Maharashtra State Co-operative Appellate Court has allowed renovation work for a nursing home to continue on the first floor of Mahatma Phule Bhavan CHS in Vashi, citing current UDCPR provisions that permit such facilities in residential zones. The main dispute remains pending.

Ask for Full Interest Upfront – Or Lose It in Appeal: Mumbai Tribunal’s Wake-Up Call to Homebuyers

Buyers won delay interest at MahaRERA despite default — but lost appeal for asking extra interest “till date” without pleading it earlier. Tribunal: “No new demands in appeal.”
Should capital gains on a flat be calculated from the allotment letter date or registration date? ITAT Mumbai says allotment letter date prevails, giving major relief to homebuyers in a key order.

Homebuyers’ Lesson from MahaRERA: Group Complaints Can Get Dismissed if Individual Issues Are Clubbed

In a key ruling, MahaRERA dismissed a group complaint by 20 Pune homebuyers against their builder, saying that individual issues like parking or leakage can’t be clubbed together. Here’s what every homebuyer should know before filing a RERA case.