Let’s get into the latest happenings in the world of real estate regulations. We have a few important judgments from different consumer forums that can be of interest to homebuyers and real estate developers.
Firstly, in the Himachal Pradesh case of Harish Kumar Sethi v. Harsh Tomar & another, the Real Estate Regulatory Authority (RERA) made a crucial direction. The builder has been instructed to build the road that leads to the complainant’s land, as per the original sanctioned plan, within three months. Furthermore, the builder is required to register the project under RERA within one month.
Moving on to the Assam case of Sri Shantanu Baruah v. M/s Dona Builders Pvt. Ltd. & another, the Real Estate Appellate Tribunal (REAT) clarified a significant point. The Tribunal stated that the Real Estate (Regulation and Development) Act, 2016, doesn’t apply retroactively to projects completed before the Act’s enactment. Thereby, the appeal regarding a project that received an Occupancy Certificate prior to the Act, specifically on 07.05.2014, was dismissed.
Next, in the Telangana case, Sri Nishanth Garikipati & Ors. v. M/s Shiva Shakthi Constructions, the Real Estate Regulatory Authority (TSRERA) gave a directive to the builder. The builder was ordered to rectify all the construction quality and amenities related structural defects, as per Section 14(3) of the Real Estate (Regulation and Development) Act, 2016.
In Maharashtra, the Real Estate Appellate Tribunal (MahaREAT) ruled on the case Rituja Ravindra Parab & Anr v. Nirman Realtors & Developers Ltd. The tribunal dismissed the homebuyer’s application that sought to condone a 225-day delay in filing the appeal. The panel concluded that the reason given for the delay was not sufficient.
Lastly, in another Maharashtra case, Ashok Ramachandran Nair and Another v. Keyana Estate LLP and Others, the Real Estate Regulatory Authority (MahaRERA) brought relief to homebuyers. The builder of the Kalpataru Radiance Project has been directed to refund the money with interest to those who wish to withdraw. Additionally, homebuyers who choose to stay invested will receive monthly interest payment.
In summary, these judgments highlight the importance of understanding and abiding by the regulations of the Real Estate (Regulation and Development) Act, 2016. They serve as a reminder for builders to adhere to the approved plans and to rectify any defects promptly. For homebuyers, they emphasize the importance of timely action in the event of any disputes. These cases also underline the importance of RERA in protecting the interests of homebuyers and maintaining the integrity of the real estate industry.
