RERA Cases Weekly Roundup: August 5 to August 11, 2024
RERA directs builders to pay interest to homebuyers for delayed possession, refund amounts paid, and imposes penalties for selling unregistered projects.
ReraReal EstateHomebuyersDelayed PossessionRefundPenaltyUnregistered ProjectReal Estate NewsAug 15, 2024
In another case, Haryana RERA ordered Czar Buildwell to refund the amount paid by a homebuyer along with interest. Although the due date for possession was set for 2026, the Authority revoked the project's registration on March 11, 2024, due to numerous violations of the Real Estate (Regulation and Development) Act, 2016.
Haryana RERA also ordered Vatika Ltd to refund the amount paid by a homebuyer after failing to hand over possession even after an eight-year delay.
Maharashtra Real Estate Appellate Tribunal (MahaREAT) directed Adani Estates to pay interest to homebuyers for delayed possession. Earlier, the Maharashtra Real Estate Regulatory Authority (Authority) had dismissed the homebuyer's complaint seeking interest for the delay from the builder.
MahaREAT also held that homebuyers can approach the Real Estate Regulatory Authority (Authority) even if they have already filed a complaint before the Consumer Court. However, if both complaints seek the same relief, the Doctrine of Election will apply. In such cases, homebuyers will need to withdraw their complaint from the Consumer Court to ensure that the complaint filed before the Authority remains valid.
Karnataka Real Estate Regulatory Authority (Karnataka RERA) ordered Shrivision Towers to pay interest to a homebuyer for delayed possession. According to the agreement, the builder was supposed to hand over possession by September 2021.
Karnataka RERA also ordered Mantri Technology Constellations to refund the amount paid by a homebuyer after the builder failed to complete the project despite a four-year delay.
Maharashtra Real Estate Regulatory Authority (MahaRERA) ordered a builder to pay interest to a homebuyer of Gokul Silvermist for delayed possession. The homebuyer had booked three flats in Gokul Silvermist, Santacruz (West), and was expecting possession by December 2017.
Telangana Real Estate Regulatory Authority (Telangana RERA) ordered Jayathri Infrastructures to refund the amount paid by homebuyers and imposed a penalty of ₹1.16 crores for selling an unregistered project. Additionally, Telangana RERA ordered Jayathri Infrastructures to refund the amount paid by homebuyers of Jaya Gold and imposed a penalty of ₹9.78 Lakh for selling an unregistered project.
Tamil Nadu Real Estate Regulatory Authority (Tamil Nadu RERA) ordered a builder to provide a full refund of a homebuyer's money without charging any cancellation fee.
Frequently Asked Questions
Can homebuyers file concurrent complaints before RERA and Consumer Court seeking similar reliefs?
Yes, homebuyers can approach the Real Estate Regulatory Authority (Authority) even if they have already filed a complaint before the Consumer Court. However, if both complaints seek the same relief, the Doctrine of Election will apply.
What is the Doctrine of Election?
The Doctrine of Election says that if an aggrieved party has two options to get the same relief, they must choose one option and cannot pursue both.
Can a builder be penalized for selling an unregistered project?
Yes, a builder can be penalized for selling an unregistered project. Telangana RERA imposed a penalty of ₹1.16 crores on Jayathri Infrastructures for selling an unregistered project.
Can a homebuyer get a full refund of their money without charging any cancellation fee?
Yes, a homebuyer can get a full refund of their money without charging any cancellation fee. Tamil Nadu RERA ordered a builder to provide a full refund of a homebuyer's money without charging any cancellation fee.
What is the role of RERA in protecting homebuyers' interests?
RERA plays a crucial role in protecting homebuyers' interests by ensuring that builders comply with the provisions of the Real Estate (Regulation and Development) Act, 2016. RERA can direct builders to pay interest to homebuyers for delayed possession, refund amounts paid, and impose penalties for selling unregistered projects.
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