RERA
RERA Cases Weekly Round Up: 11th January To 18th January, 2026
NOMINAL INDEX PS Group Realty Pvt. Ltd. v. Ayush Trade-links Private Limited, 2026 LLBiz REAT (WB) 2Forum Projects Private Limited & Ors. v. Chittaranjan Choudhury & Ors., 2026 LLBiz REAT (WB) 1Sanju Daulatraj Desai v. Realgem Buildtech Private Limited & Ors., 2026 LLBiz REAT (MH) 5Bhopal Development Authority v. Roop Laxmi Singh, 2026 LLBiz REAT (MP) 4Parth Developer v. Yogesh Mahajan & Anr., 2026 LLBiz REAT (MP) 3Alok Kumar Singh & Ors. v. Intofinity Promoters Private...
J&K High Court Sets Aside Interim Order Against Developer Passed By Special Tribunal Without Jurisdiction
The Jammu & Kashmir and Ladakh High Court has set aside a status quo order passed against a real estate developer by the Jammu and Kashmir Special Tribunal, which was functioning as the interim Real Estate Appellate Tribunal. Justice Rahul Bharti held that once a tribunal acknowledges that it lacks jurisdiction, it cannot issue or continue any interim or supplementary directions. Any such directions, the court said, are “nugatory in the eyes of law”. The petition was filed by Royal Omkar...
Haryana RERA Orders Vatika Ltd to Pay ₹38 lakh Compensation Over Refund For Delayed Gurugram Project
The Haryana Real Estate Regulatory Authority (RERA) has directed developer Vatika Limited to pay Rs 38 lakh as compensation to a homebuyer for loss of property appreciation caused by prolonged delay in completing a housing project in Gurugram. Adjudicating Officer Rajender Kumar said the developer gained unfairly by holding the buyer's money without building the project. Referring to the rise in developmental activities in that area, he observed that “money paid by the complainant to the...
MahaREAT Grants Interim Relief to Homebuyer, Says RERA Jurisdiction Not Ousted by Arbitration Clause
The Maharashtra Real Estate Appellate Tribunal (MahaREAT), Mumbai, recently granted interim relief to a homebuyer of the "Rustomjee Crown" project, holding that an arbitration clause in an allocation letter cannot be deemed to oust RERA's jurisdictional power. Additionally, in order to avoid future third-party complications, the Tribunal imposed a status quo on the subject flat and held that a developer cannot demand more than 10% of the consideration without a registered agreement for sale. In...
K-RERA Holds Welfare Societies Collecting Funds For Plots as 'Promoters,' Orders ₹22.45 Lakh Refund to Home Buyer
The Karnataka Real Estate Regulatory Authority (K-RERA) has recently ordered a Welfare Society to reimburse an allottee over ₹22 lakh with interest for the entire cost of a plot in an unregistered project. The Authority, led by Chairman Rakesh Singh, on 12th January, 2026, made it clear that if a welfare organisation develops and sells real estate, it qualifies as 'Promoter' under the Real Estate (Regulation and Development) Act, 2016 (RERA Act). The Bench clarified that it cannot avoid its...
Offering Possession Of Flat Without Occupation Certificate Is Illegal: Punjab RERA
The Punjab Real Estate Regulatory Authority (RERA) has recently ruled that a developer cannot legally offer possession of a flat without first obtaining mandatory statutory approvals and that extensions granted for project completion do not override the possession date promised to a homebuyer. RERA Chairman Rakesh Kumar Goyal, while partly allowing a complaint against Omaxe Chandigarh Extension Developers Private Limited, said that “the extension in completion by RERA, Punjab, has no relevance...
Enforcement Officer Not An 'Authority' Under RERA Act, Orders Have No Force of Law: Madhya Pradesh REAT
The Madhya Pradesh Real Estate Appellate Tribunal (MP REAT) has recently held that an Enforcement Officer under the RERA law is not “the Authority” and therefore has no power to direct a developer to complete project amenities. The tribunal ruled that any such order is without jurisdiction and has no force in law. The bench, comprising Chairman Justice V.P.S. Chauhan and Judicial Member P.C. Gupta, while dealing with an appeal filed by Parth Developer against a 2022 order of a RERA...
Collective Grievances Under RERA Must Be Filed by Homebuyers' Associations, Not Individuals: MahaRERA
The Maharashtra Real Estate Regulatory Authority (MahaRERA) has held that collective grievances affecting a real estate project must be pursued by a homeowners' association or with the backing of a majority of allottees, and not by a few individuals acting in their personal capacity. Dismissing a complaint filed by five homebuyers of the 'Kohinoor Kaleido – Phase 1' project in Pune, a bench comprising Member Mahesh Pathak held that “In the absence of such authorization, issues of a collective...
K-RERA To Levy Penalties On Builders For Non-Submission Of Annual Audit Reports For FY 2024–25
The Karnataka Real Estate Regulatory Authority (K-RERA) has issued a circular mandating the imposition of annual penalties on promoters who have failed to submit their annual audit reports for their housing projects for the Financial Year 2024–2025. Despite the regulatory mandate, the authority noted that several projects had bypassed the final deadline of December 31, 2025, even though the initial statutory due date for the FY 2024–25 reports had been extended through earlier circulars on...
Carpet Area Means Net Usable Space, Cannot Be Diluted By Engineering Tolerance: WBREAT
The West Bengal Real Estate Appellate Tribunal (WBREAT) has held that “carpet area” must strictly conform to the statutory definition of net usable floor area. It ruled that promoters cannot rely on tolerance clauses, plaster thickness, or engineering explanations to justify a shortfall in the promised area. A coram of Chairperson Justice Rabindranath Samanta and Administrative Member Dr. Subrat Mukherjee observed that “the intention of law maker was to protect the interest of consumers in real...
WBREAT Upholds Interim Ban On Forum Projects From Selling or Transferring Kolkata 'Atmosphere' Project
The West Bengal Real Estate Appellate Tribunal has upheld an interim order against real estate developer Forum Projects Private Limited. The order restrains the company from selling, transferring, or otherwise dealing with any part of its luxury residential project “Atmosphere” on Kolkata's EM Bypass. A bench of Chairperson Justice Rabindranath Samanta and Administrative Member Dr. Subrat Mukherjee dismissed the developer's appeal. It held that “the interim directions passed by the learned...