List of Important Cases decided by Hon’ble RERA Authority/ties 

RERA Adj. Officer, RERA Authority and RERA Tribunal have started functioning in Most of the States. For easy reference, we have summarised the important cases;

S. No. Month/Year Authority-State Parties Fact Held
1 Sept 2017 Adj. Officer- MahaRERA, Maharashtra

Roshan Ramnath Nawale

Vs.

Lodha Developers

Applicant applied for cancellation of flat. However, the refund was not given, hence the complaint. The claim was accepted by respondent.
 2  Sept 2017  MahaRERA, Maharashtra  Abhigna Enterprise Vs. Incline Reality Pvt Ltd Complainant alleged about incorrect disclosure while registration of project with RERA and misleading material about the development of project Respondent clarified, however, the complaint was found correct and the respondent is directed to revise the details within 2 days of order.
 3. Oct 2017  MahaRERA, Maharashtra  Avinash Saraf, Neha Duggar Saraf Vs. Runwal Homes Pvt Ltd  The complainant applied for cancellation of unit booked in 2014, due to delay in possession and ask to refund whole money with interest and legal cost.  Held that : (i) RERA has jurisdiction even for agreement executed before RERA came into effect if the cause of action survives after RERA came into force. (ii) possession without occupation certificate is illegal (held by NCDRC and Hon’ble High Court in another case) (iii) the complainant was granted full refund, with interest and cost of the complaint
 4. Oct 2017  MahaRERA, Maharashtra  Mr. Sagar Nigam and Mrs. Sonia Nigam Vs. Spenta Builder Pvt Ltd  The complainant prayed for interest for delay in possession. Respondent submitted that the delay in OC is due to stay by Hon’ble High Court.  Held that the delay is beyond the control of the respondent. The respondent is directed to submit the undertaking that he shall handover the possession before 31/12/2017
 5. Oct 2017  MahaRERA, Maharashtra  Joan Disouza Vs. Deepak Karnik & others  The complainant prayed for full refund with compensation and cost of metal stress, due to misrepresentation of project, delay in possession, non-approval of project and others Held that respondent has failed to keep the promises and sold the project without proper permission, hence directed to refund the whole amount paid with interest @ 8.15 % plus 2% from 01.09.2014 along with Rs. 1 Lac as compensation for mental stress.
6. Nov, 2017 MPRERA Shri Jalvinder Singh Reel V/s. Shri Surdhir dutt and others The complaint was filed regarding the refund of booking amount paid at the time of booking. If the respondent is not willing to buy back the flat the RERA cannot force him to buy back the flat.
7.  Nov 2017  MahaRERA, Maharashtra  Mr. Prasad Patkar Vs. Runwal Homes Pvt Ltd  The complainant prayed that one of the towers of the project has not been registered under RERA. Respondent contended that Towers have received part OC, hence not required to get registered.  Held that the respondent has rightly not registered the towers with RERA, hence RERA does not have jurisdiction over this complaint.
8.  Nov 2017  MahaRERA, Maharashtra Dipak Annapa Patil Vs. Om Builders and Developers the complainant appealed for refund of booking amount for delay Case settled by consent terms that respondent agreed to pay within 90 days with post-dated cheques
9.  Oct 2017  MahaRERA, Maharashtra  Mr. Sandeep Ranjan Vs. Nirmal Lifestyle Pvt Ltd  The complainant applied for cancellation of the unit which was accepted by another party, however, the amount was not paid. Respondent handover the cheque of amt and case is settled
10.  Oct 2017  MahaRERA, Maharashtra  Pravin Utam Hiwale Vs. Darode Jog Homes Pvt Ltd The complainant applied for the complete refund with compensation due to delay in possession of the property.  Held that complainant shall be paid full refund with interest @9% from the date of payment till 30/4/17 and 8.15% plus 2% from 01/05/2017.
11.  Oct 2017  MahaRERA, Maharashtra  Mr. Anand Kapure Vs. Jangid Construction  Complainant applied for interest for delay in possession, the respondent argued that possession is delayed due to stay on OC by Hon’ble High Court.  Held that there was delay in offer to possession even before stay by Hon’ble High Court, hence respondent was ordered to pay interest @ MCLR +2%,
12.  Dec 2017  MahaRERA, Maharashtra  Ganesh More/Mathura More Vs. Lucina Land Development Limited Complainant alleged about the delay in possession. Respondent submitted that the delay was due to change in planning authority.  Held that the project was rightly delayed due to change in planning authority, amenity space policy and delay in grant of High Rise Committee Clearance.
 13. Nov 2017 MahaRERA, Maharashtra Nisar Realtor Vs. Nilofar Mohd. Sami Warsi, & others  The promoter alleged for non-payment of balance booking amount by the buyer. The buyer alleged that the promoter has given revised possession date at Dec 2027  Held, that the buyer shall pay the balance amt to the promoter within 45 days of order and the promoter shall offer possession by Dec 2018.
 14. Sept, 2017  MahaRERA, Maharashtra Vishal Kamble Vs. Amol Lalchand Bhilare and Mr. Kiran Ambadas Gote  The complainant, a landowner alleged that the respondent has not forged the development agreement, and has not executed the agreement terms. Held that RERA authority does not have jurisdiction to try any civil disputes for the performance of the agreement. Further, respondent is redirected to upload the details of the complainant, being one of the co-promoter.
 15.  Sept, 2017  MahaRERA, Maharashtra  Shri Nilesh Kudalkar Vs. Kings Empire Heights Pvt Ltd  The complainant being joint developer alleged that the respondent has disclosed incorrect details while registration of project.  Held and respondent is directed to correct the details within 2 days of order
 16. Dec, 2017  MahaRERA, Maharashtra  Jyotindra Nathalal Kansara Vs. Adani Estates Pvt. Ltd  The complainant booked unit on subvention scheme and asked for interest for delay in possession.  Since, the firm date of possesion was not committed in agreement, the respondant would handover the possession before the date mentioned in RERA registration

Disclaimer – The above analysis of cases is for education purpose only which have been decided by respective Hon’ble Authority. This is just summary of the case based on personal interpretation which may differ person to person. The readers are advised to rely on the complete copy of the order for any reference. For more information, please discuss with our RERA team at rera@centrik.in

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