Browsing Tag

Section 18 RERA

24 posts
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.
MahaRERA has allowed deregistration of Prithvi Sneh project but made it clear that the builder remains liable for all previous orders and cannot escape past liabilities.

Builder Sells Flat 701, Renumbers it 702, RERA Orders Buyer to Take 702 + Delay Interest

In a peculiar case, a Nagpur promoter renumbered the buyer’s Flat 701 to 702 without consent and sold the original flat to another person. MahaRERA has now directed the promoter to correct the documents and hand over Flat 702 along with substantial delay interest.
In a setback for homebuyers in redevelopment projects, MahaRERA has dismissed a complaint by a buyer who paid ₹1.5 crore to the original developer. The Authority ruled that the new developer cannot be held liable after the society lawfully terminated the old agreement, leaving the buyer to pursue remedies only against Zaveri Constructions.

21-Year Wait: MahaRERA Orders Refund + Interest from 2009 for 2005 Andheri Booking

MahaRERA has directed refund of ₹21,84,318 with interest from 5 June 2009 in Complaint No. CC006000000302896 after finding 21-year delay in handing over possession of Flat 901 in Sun Beam, Andheri West.
In a strong pro-homebuyer ruling, the Bombay High Court has held that allottees who continue with a delayed project do not lose their statutory right to claim interest under Section 18 of RERA. The Court dismissed the promoter’s appeal and upheld interest from the original due date of possession.

Homebuyers Can Claim Interest for Delayed Possession Even If They Stay in the Project

In a strong pro-homebuyer ruling, the Bombay High Court has held that allottees who continue with a delayed project do not lose their statutory right to claim interest under Section 18 of RERA. The Court dismissed the promoter’s appeal and upheld interest from the original due date of possession.
In a major relief to homebuyers, the Maharashtra Real Estate Appellate Tribunal has directed Parorch Developers to refund over ₹2.25 crore with interest, holding that an allotment letter is a valid enforceable contract under RERA even in the absence of a registered Agreement for Sale. The Tribunal overturned MahaRERA’s dismissal order in the Trinity Towers, Powai case.

Homebuyers Win ₹2.25 Crore Refund Case in MahaRERA Tribunal After Losing at Authority Level | Allotment Letter Held as Valid Contract

In a major relief to homebuyers, the Maharashtra Real Estate Appellate Tribunal has directed Parorch Developers to refund over ₹2.25 crore with interest, holding that an allotment letter is a valid enforceable contract under RERA even in the absence of a registered Agreement for Sale. The Tribunal overturned MahaRERA’s dismissal order in the Trinity Towers, Powai case.