Browsing Tag

MahaRERA

372 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.
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.

MahaRERA Cannot Decide Issues Relating to Eviction or Recovery of Flat

MahaRERA has ruled that eviction, flat recovery, and agreement-cancellation fall outside its jurisdiction. In the Amity Apartments case, the Authority dismissed the promoter’s complaint — clarifying that such civil-property disputes must be addressed in civil courts, not through RERA.
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 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.

Homebuyers Come Before Banks: MahaRERA Pulls Bank For Ignoring Homebuyers While Lending Money to Builder

In a landmark ruling in the Ashish Sea View case, MahaRERA has declared that homebuyer rights take precedence over banks’ SARFAESI claims. The authority criticised lenders for failing to verify third-party rights and directed them to conduct thorough due diligence before granting project loans. The order significantly strengthens protections for Maharashtra homebuyers.
MahaRERA

“Because of Greed of Promoter to Construct More Floors”: RERA Tribunal Dismisses Marathon Nexzone Appeal, Upholds Interest to Buyers

Because of greed of promoter to construct more floors above the originally sanctioned 27 floors, the building could not be completed in time” — Maharashtra RERA Appellate Tribunal’s stinging remark