Apartment Owners Cannot Avoid Maintenance Charges Merely Because No Separate Agreement Was Signed: Punjab RERA

The Punjab Real Estate Regulatory Authority (RERA) has recently ruled that apartment owners cannot refuse to pay maintenance charges merely because they did not sign a separate maintenance agreement. The obligation arises from the buyer's agreement and Section 19(6) of the Real Estate (Regulation and Development) Act, 2016.Allowing a complaint filed by Fortune Multitech Private Limited, the authority directed two apartment owners to pay ₹2,85,472 towards outstanding maintenance charges and...

RERA| Brochure Clause Allowing 20% Deduction On Refund Without Interest Is Unfair: Allahabad High Court

The Allahabad High Court at Lucknow has recently held that a clause in a development authority's brochure permitting it to deduct 20% of the registration amount and return the balance without interest where an allottee withdraws after allotment is a one-sided, unfair, and unreasonable term of the contract. It held that the Lucknow Development Authority was not entitled to the benefit of such a clause. Clause 8.2 of the brochure of the Lucknow Development Authority provided that...

Karnataka REAT Upholds Order Directing Homebuyer To Pay ₹2.45 Lakh For Bengaluru Flat

The Karnataka Real Estate Appellate Tribunal has upheld an order directing a homebuyer to pay ₹2.45 lakh in outstanding dues for a flat in ALN Buildtech's ALN Arambh project in Bengaluru..Dismissing the homebuyer's appeal, a Bench comprising Chairperson Justice J.M. Khazi and Judicial Member Santhosh Kumar Shetty N. held that compensation claims requiring a detailed inquiry must be pursued before the Adjudicating Officer, while grievances concerning common amenities must be raised through the...

Karnataka High Court Upholds Unishire Property Attachment, Says Final K-RERA Order Can't Be Reopened

The Karnataka High Court on 6 October held that a developer cannot challenge a consequential property attachment after its appeal against the underlying Karnataka Real Estate Regulatory Authority (K-RERA) order has been dismissed and the order has attained finality. Justice E.S. Indiresh dismissed Unishire Promoters Private Limited's writ petition and upheld the attachment of its property in Bengaluru to recover unpaid dues owed to a homebuyer. The Bench observed: “In that view of the matter,...

Complaint Filed Before Possession Deadline Alone Can't Bar Relief To Homebuyer: Maharashtra REAT

The Maharashtra Real Estate Appellate Tribunal (MahaREAT), on 9 October, held that a homebuyer's complaint cannot be rejected as premature merely because the contractual possession deadline had not expired when the complaint was filed, particularly when the developer subsequently failed to hand over possession. A Bench comprising Chairperson Justice S.S. Shinde and Administrative Member Dr. Rajagopal Devara set aside the Maharashtra Real Estate Regulatory Authority's (MahaRERA) order rejecting...

Karnataka High Court Upholds Cancellation Of Occupancy Certificates For 33 Raffles Park Villas

The Karnataka High Court has recently upheld the cancellation of occupancy certificates issued for 33 villas in Raffles Residency Private Limited's Raffles Park project in Bengaluru, finding that the project was incomplete and unfit for occupation when the certificates were issued.Justice Suraj Govindaraj recalled an earlier order that had restored the certificates, finding that the developer had suppressed material documentary evidence bearing on the project's completion.The court observed that...

LiveLawBiz RERA Cases Weekly Digest: October 5 - October 10, 2026

NOMINAL INDEXRensar Infra Private Limited v. Rais Kasam Shaikh & Ors., 2026 LLBiz HC (BOM) 550 M/s Selene Estates Limited v. M/s Green Apartment Owners Welfare Association – Jalladianpettai & Others, 2026 LLBiz REAT (RJ) 76 Sachin Prakash Dhavle, Authorised Partner, M/s P.R. Builders & Developers v. Maharashtra Real Estate Regulatory Authority & Ors., 2026 LLBiz REAT (RJ) 75 Vikas Gupta v. IREO Waterfront Private Limited & Anr., 2026 LLBiz RERA (PB) 148 Cherukuri Hema...

Maharashtra RERA Imposes ₹10 Lakh Penalty On Developers For Failing To Allot Flat

The Maharashtra Real Estate Regulatory Authority (MahaRERA) has imposed a ₹10 lakh penalty on Sai Enterprises and Super Construction for failing to comply with an earlier order directing them to allot a flat to two homebuyers.Adjudicating Officer R.K. Malabade found that the developers had also failed to pay interest on ₹17.49 lakh received from the homebuyers. The authority directed recovery of the interest from June 24, 2012, along with ₹20,000 in complaint costs.“However, there is non...

Companies Not Bound By Original RERA Order Cannot Be Added During Its Enforcement: Tamil Nadu REAT

The Tamil Nadu Real Estate Appellate Tribunal (REAT) on 7 October held that parties not bound by an original order of the Real Estate Regulatory Authority (RERA) cannot be impleaded in proceedings to execute that order, and partly allowed two appeals filed by Selene Estates Limited. A Bench comprising Chairperson Justice M. Duraiswamy and Judicial Member K. Babu set aside the impleadment of Lakisha Real Estate Limited, Airmid Infrastructure Limited and Ozone Facility Management Private...

Telangana RERA Says Additional Floors Cannot Dilute Agreed UDS, Directs PBSR To Compensate Buyers

The Telangana Real Estate Regulatory Authority (RERA) on 5 October held that a general clause permitting additional construction cannot allow a developer to reduce the specific undivided share of land promised to homebuyers. A Bench comprising Members Laxmi Narayana Jannu and K. Srinivasa Rao directed PBSR Developers Private Limited to compensate homebuyers of its 'Smondo Gachibowli' project for reducing their agreed undivided share of land. It observed: “A general reference to the terms of...

Are All Promoter-Allottee RERA Disputes Non-Arbitrable? Bombay HC Refers Question To Larger Bench

The Bombay High Court has referred to a larger Bench the question of whether every dispute between a real estate promoter and an individual flat buyer under an agreement for sale governed by RERA is non-arbitrable as a class. The court will consider whether arbitrability must instead be examined by looking at the subject matter, nature of relief and the matters RERA authorities are empowered to determine.Justice Amit Borkar observed, “The issue is whether the existence of a statutory forum under...

Punjab RERA Partly Allows Villa Buyer's Complaint, Says Unpaid Instalments Bar Possession

The Punjab Real Estate Regulatory Authority (RERA) on 30 September held that a homebuyer who failed to pay instalments for a villa despite repeated reminders could not claim an enforceable right to possession, but remained entitled to a refund of the amount paid with interest. Member Binod Kumar Singh partly allowed Vikas Gupta's complaint against IREO Waterfront Private Limited and AIPL Housing & Urban Infrastructure Limited and directed the latter to refund Rs.40 lakh with 10.80% annual...