Browsing Tag

Real Estate Appellate Tribunal

6 posts
MahaRERA Appellate Tribunal rules that settlement on possession & payment does not waive homebuyer’s right to RERA delay interest unless explicitly recorded.

Delay in Approvals Not Force Majeure, Builder Told to Pay Interest to Homebuyer

Tribunal holds regulatory delays are not force majeure under RERA; Rare Townships directed to pay interest to homebuyer from 1 January 2019.
In a sharp rebuke to one-sided builder clauses, the Appellate Tribunal has ordered Omkar group to refund nearly ₹1.15 crore with interest to an NRI allottee in the Omkar Meridia project, holding that making refund conditional on selling the flat to a new buyer is unconscionable and against RERA.

MahaRERA Allowed Builder’s “Sell First, Refund Later” Condition; Appellate Tribunal Overrules

In a sharp rebuke to one-sided builder clauses, the Appellate Tribunal has ordered Omkar group to refund nearly ₹1.15 crore with interest to an NRI allottee in the Omkar Meridia project, holding that making refund conditional on selling the flat to a new buyer is unconscionable and against RERA.
In a sharp rebuke to one-sided builder clauses, the Appellate Tribunal has ordered Omkar group to refund nearly ₹1.15 crore with interest to an NRI allottee in the Omkar Meridia project, holding that making refund conditional on selling the flat to a new buyer is unconscionable and against RERA.

Homebuyers Lose Right to Compensation & Rent Refund Once They Accept Delayed Possession

“Once you take possession, you can get interest for the delay — but not compensation for mental harassment or rent paid elsewhere. That’s the clear message from the Maharashtra Real Estate Appellate Tribunal in a landmark Thane homebuyer case.”
The Haryana Real Estate Appellate Tribunal has ruled that decisions under RERA cannot be taken by one member alone. The landmark ruling strengthens due process for real estate regulators nationwide.

Policy or Regulatory Decisions Under RERA Must Be Taken by the Authority as a Whole, Not by One Member Sitting Alone

The Haryana Real Estate Appellate Tribunal has ruled that decisions under RERA cannot be taken by one member alone. The landmark ruling strengthens due process for real estate regulators nationwide.
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.

Homebuyer Awarded ₹25,000 as Builder Pays Penalty to Continue Legal Fight

In a mixed verdict for homebuyers, the Maharashtra Real Estate Appellate Tribunal has ordered a developer to pay ₹25,000 to a flat owner as a penalty for filing a late appeal. While the homebuyer gets immediate compensation, the developer now gets a second chance to fight an earlier MahaRERA order that mandated interest payments for delayed possession of a flat. The ruling highlights the long and complex legal road homebuyers often face.