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...

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...

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...

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...

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...

Maha RERA Appellate Tribunal Rejects Expat Vida Homebuyers' Notional Claims, Says Proof Of Loss Needed

The Maharashtra Real Estate Appellate Tribunal (MREAT) has recently held that compensation cannot be awarded to homebuyers in the absence of proof of actual loss, ruling that notional claims such as loss of property appreciation, time value of money, missed investment opportunities, EMI burden, inflation, and increased cost of living are insufficient to determine compensation under the Real Estate (Regulation and Development) Act, 2016. Holding that the appellants had failed to establish any...

Odisha REAT Holds Builders Cannot Retain Maintenance Funds Without Audited Accounts

The Odisha Real Estate Appellate Tribunal (REAT) has held that a builder cannot withhold residents' funds unilaterally without maintaining transparent accounts supported by authenticated records or audited statements to justify utilisation of maintenance funds. A Bench comprising Chairperson Justice P. Patnaik and Members S.K. Rajguru and Dr. B.K. Das directed NBCC (India) Ltd. to refund the Interest Free Maintenance Security (IFMS) amount of Rs. 2,32,54,200 to the NBCC Imperia Residents'...

LiveLawBiz RERA Cases Weekly Digest: April 5- April 11, 2026

Nominal IndexGera Developers Private Limited v. State of Maharashtra & Ors., 2026 LLBiz HC (BOM) 184Pristine Estates Villa Owners Maintenance Mutually Aided Co-operative Society Ltd v. B. Srinivas Rao & Ors., 2026 LLBiz HC (TEL) 10Sobha Limited v. Karnataka Real Estate Regulatory Authority & Ors., 2026 LLBiz REAT (KA) 22Aruna Garg vs. M/s Chintels India Private Limited, 2026 LLBiz RERA(HR) 64Shri Dinesh Chandra Deka & Anr. v. M/s Vivek Developers & Anr., 2026 LLBiz RERA(AS)...

Builder Cannot Escape Refund Liability For Failing To Deliver Flat With Clear Title By Blaming Landowner: REAT

The Karnataka Real Estate Appellate Tribunal has recently held that a builder (promoter) cannot escape liability to refund amounts paid by homebuyers with interest for failing to deliver a flat with a clear and marketable title by blaming the landowner or citing pending title disputes. A bench of Judicial Member Santhosh Kumar Shetty N and Administrative Member Mahendra Jain said, “The Promoter cannot absolve himself from the responsibility of paying delay compensation to the Allottee solely on...

LiveLawBiz RERA Cases Weekly Digest: March 29- April 4, 2026

NOMINAL INDEXRare Townships Private Limited v. Mitul Gada, 2026 LLBiz HC(BOM) 173Smt. Deepa R. v. Rajiv Raghavan Pillai, 2026 LLBiz REAT (MH) 20Shri T. Kiran Kumar v. The Secretary, ORERA, 2026 LLBiz REAT (OD) 21Avtar Singh Guleria Versus Signature Infrabuild Private Limited, 2026 LLBiz RERA(HR) 62Col. Kanwar Ripu Sain Jaswal & Anr. v. M/s EMAAR India Ltd., 2026 LLBiz RERA(HR) 59Arpan Sarkar & Anr. v. Casa Grande Garden City Builders Pvt. Ltd., 2026 LLBiz RERA(KA) 61Promont...

LiveLawBiz RERA Cases Quarterly Digest: January - March 2026

Amendment Proposal Introduced in Lok SabhaCentre Proposes Penalty Instead Of 1 Year Jail For Allottees Violating RERA Appellate Tribunal Orders The Jan Vishwas (Amendment of Provisions) Bill, 2026, has been introduced in the Lok Sabha as part of a broader legislative push to decriminalise offences and rationalise penalties across a range of laws. One of the changes relates to the Real Estate (Regulation and Development) Act, 2016. Section 68 of the Act currently allows for imprisonment of up to...