Homebuyers Can't Enforce Rights Against New Developer After Termination of Erstwhile Builder's Contract: MahaREAT

The Maharashtra Real Estate Appellate Tribunal (REAT) has held that homebuyers who executed agreements for sale with an erstwhile developer cannot enforce their claims for possession, interest, or other entitlements arising from those agreements against the society or a new developer due to the absence of privity of contract. Dismissing the appeals, the tribunal upheld the order dated August 26, 2024 passed by MahaRERA, rejecting the homebuyers' claims for possession, interest, and cancellation...

Karnataka RERA Orders Casagrand To Compensate Buyer For Premature Demands Without Proof Of Construction

The Karnataka Real Estate Regulatory Authority (KRERA) has held that a developer cannot raise construction-linked payment demands without substantiating the stage-wise progress with architect or engineer certificates, faulting Casa Grande Garden City Builders Pvt Ltd for issuing premature demand letters without any such proof. Adjudicating Officer Maheshwari S. Hiremath found that the developer had failed to produce “a single iota of evidence” to show that the payment demands were backed by...

RERA Overrides Contract Act, Homebuyers Can Claim Interest for Delay Despite Continued Payments: Maharashtra REAT

The Maharashtra Real Estate Appellate Tribunal (REAT) has recently held that homebuyers can claim interest for delayed possession under the Real Estate (Regulation and Development) Act, 2016 even if they continued making payments after the promised possession date. A bench of Judicial Member Shriram R. Jagtap and Administrative Member Rajgopal Devara rejected the developer's reliance on Section 55 of the Indian Contract Act, 1872 to argue waiver of claims. The tribunal said, “The substantive...

Developer Liable To Fix Non-Structural Defects Reported Within Five Years: TN RERA

The Tamil Nadu Real Estate Regulatory Authority (RERA) has held that a developer remains liable to rectify defects arising from poor workmanship, including non-structural cracks and seepage, where such defects are brought to its notice within five years from the date of handing over possession. “As per Section 11(4)(a) of the RERA Act, the Respondent Promoter is responsible for all obligations and functions under the provision of the Act. Further, as per Section 14(3) of the RERA Act, any...

LiveLawBiz RERA Cases Weekly Digest: April 20- April 25, 2026

Nominal IndexSanroyal Builders and Contractors Pvt Ltd & Anr v. Divya Balu, 2026 LLBiz HC(KER) 67Vandana Parvez v. IVR Hotels and Resorts Ltd & Ors., 2026 LLBiz HC (MAD) 104Nidhi Sao v. Greenearth Infraventures Private Limited, 2026 LLBiz HC (CHH) 10M/s Sai Enterprises v. Sangeeta Ravi Punjabi & Ors., 2026 LLBiz HC (BOM) 232Soumya Ranjan Jena v. Priyata Lipsa & Ors., 2026 LLBiz REAT (OD) 25Kamlesh Valji Balsara & Anr. v. M/s Shree Siddhivinayak Infrastructure and Realty &...

Maharashtra REAT Says No Jurisdiction Over Banks Lending To Homebuyers; Refuses Stay On SARFAESI Recovery

Holding that it has no jurisdiction to hear complaints by allottees against lending banks, the Maharashtra Real Estate Appellate Tribunal (REAT) refused to stay recovery proceedings initiated against homebuyers, while restraining the promoter from creating third-party rights in the flats. The tribunal clarified that RERA authorities can examine claims against banks in cases such as where loans are extended to a promoter and, upon default, the lender steps into the shoes of the promoter. In...

Homebuyers In Possession Must Pay Maintenance Charges Even Without Completion Certificate: RERA Punjab

The Punjab Real Estate Regulatory Authority (RERA) on 15 April held that homebuyers in possession of their units and enjoying project amenities cannot evade maintenance charges on the ground that the developer has not obtained a completion or occupancy certificate. Chairman Rakesh Kumar Goyal, directed the Arvind Nagar Residential Welfare Society to take over maintenance of the colony in Bathinda, holding that Sections 11(4)(d) and 17 of the Real Estate (Regulation and Development) Act, 2016...

Homebuyer Labelled As 'Investor' To Undermine Rights: Bombay High Court Dismisses Developer Appeal

The Bombay High Court has dismissed a developer's second appeal, holding that it could not justify cancelling a flat allotment and pushing the homebuyer toward a refund by treating her as an "investor" instead of honoring the allotment. The court found that, in this case, calling the buyer an “investor” was not an innocent choice of words. She had already paid 30% of the price for a clearly identified flat. Describing her as an investor was a way to deny her the apartment and steer her toward a...

Only Promoter, Allottee Or Agent Can Be Made Party Under RERA: Odisha REAT Removes Site In-Charge From Complaint

The Odisha Real Estate Appellate Tribunal (OREAT) has held that under Section 31 of the Real Estate (Regulation and Development) Act, 2016, only statutorily recognised parties such as promoters, allottees, or real estate agents can be made respondents in a complaint, setting aside an order rejecting a site in-charge's plea for deletion from a flat dispute. The tribunal struck off the name of Soumya Ranjan Jena, described as the in-charge of the building site, holding that he did not fall within...

Limitation Act Not Applicable To Homebuyer Complaints Before RERA: Chhattisgarh High Court

The High Court of Chhattisgarh has recently held that complaints filed under Section 31 of the Real Estate (Regulation and Development) Act, 2016, before the Real Estate Regulatory Authority (RERA) or its Adjudicating Officer are not subject to the three-year limitation period prescribed under Article 137 of the Limitation Act, 1963. Setting aside a tribunal's suo motu order that had dismissed a homebuyer, Nidhi Sao's complaint as time-barred, the court remanded the matter for fresh...

RERA Can Probe Developers' Financial Affairs; Madras High Court Remands Aavisa Township Dispute To TNRERA

The Madras High Court has recently held that authorities under the Real Estate (Regulation and Development) Act, 2016 can examine the “affairs” of promoters (developers), including financial dealings, while dealing with complaints by homebuyers. It set aside orders of TNRERA and TNREAT and remanded the Aavisa Golf Township dispute for fresh consideration, including whether the Kotak Mahindra entities qualify as “promoters” under the Act. A Division Bench of Justice R. Suresh Kumar and Justice...

RERA Orders Not Civil Decrees, Recoverable As Arrears Of Land Revenue: Kerala High Court

The Kerala High Court has held that amounts awarded by the Real Estate Regulatory Authority (RERA) can be recovered as arrears of land revenue under the Real Estate (Regulation and Development) Act, 2016, and that such orders do not amount to “decrees” requiring execution through civil courts. By dismissing an appeal moved by Sanroyal Builders and Contractors Pvt. Ltd. and its managing director against homebuyer Divya Balu, the Court has effectively allowed the recovery process under the RERA...