Important Rera Judgements taken by MahaRERA under different circumstance

READ IN MARATHI

MahaRERA landmark judgement on delay possession:

Maharashtra Real Estate Regulatory Authority (MahaRERA) has delivered several important Rera judgements related to delay in possession of real estate projects in the state of Maharashtra, India. Some of the key judgements include:

1. Imperia Homes: In 2019, MahaRERA imposed a penalty of Rs. 1 lakh per day on the developer for the delay in the delivery of the possession of a project in Pune. The authority also ordered the developer to pay compensation to the homebuyers for the delay.
2. Unique Shanti Developers: In 2018, MahaRERA ordered the developer to refund the money with interest and compensation to the homebuyers for the delay in delivery of possession of a project in Mumbai.
3. Lodha Developers: In 2017, MahaRERA ordered the developer to refund the money with interest and compensation to the homebuyers for the delay in delivery of possession of a project in Thane.
4.  In the case of Avinash Saraf Vs. Runwal Homes Pvt. Ltd the builder promised that they would deliver the flats by August, 2016 and in regard to the same agreements were signed and due consideration was paid.
   The respondent company claimed that here the RERA body has no jurisdiction because the agreement was signed way before RERA came to existence, hence they cannot be made liable according to the provision of the Act.
   The Judgement which was given stated that, since the cause of action relates to failure to provide delivery of flats, it takes with it the retrospective application of the Law, meaning that this court has been entrusted with jurisdiction under Sc79 of RERA. Hence the question of jurisdiction is dissolved, the court is of the opinion that the respondent developer needs to provide compensation and interest for registration as well as stamp duty.

Watch: Mandatory for the builder to give possession of a flat or property to the buyer.

MahaRERA landmark judgement on Poor construction quality:

Important Rera judgements related to poor construction quality of real estate projects in the state of Maharashtra, India. Some of the key judgements include:

1. Avighna India Ltd: In 2020, MahaRERA directed the developer to repair and rectify the structural defects in a building in Mumbai within a stipulated time period. The authority also ordered the developer to pay compensation to the homebuyers for the inconvenience caused due to the poor construction quality.
2. Shapoorji Pallonji Real Estate: In 2018, MahaRERA ordered the developer to pay compensation to the homebuyers for the poor construction quality of a project in Mumbai. The authority also directed the developer to rectify the defects and complete the project within the agreed timeline.
3. Vijay Shanthi Builders: In 2017, MahaRERA ordered the developer to refund the money with interest and compensation to the homebuyers for the poor construction quality of a project.

MahaRERA landmark judgement on Parking:

Maharashtra Real Estate Regulatory Authority (MahaRERA) has delivered several important Rera judgements related to parking in real estate projects in the state of Maharashtra, India. Some of the key judgements include:

1. Rohit Ramesh Saindane vs Sumer Associates: In 2018, MahaRERA ordered the developer to provide a designated parking space to the homebuyer as per the agreement. The authority also directed the developer to pay compensation to the homebuyer for the inconvenience caused due to the delay in providing the parking space.
2. Lokesh Builders vs Bhavesh Rathod: In 2019, MahaRERA ordered the developer to refund the money to the homebuyer for the parking space that was not provided as per the agreement. The authority also directed the developer to pay compensation to the homebuyer for the inconvenience caused due to the delay in providing the parking space.
3. Ambika Developers vs Nilesh Chaudhari: In 2020, MahaRERA ordered the developer to provide the parking space to the homebuyer as per the agreement. The authority also directed the developer to pay compensation to the homebuyer for the inconvenience caused due to the delay in providing the parking space.
4. The builder cannot sell parking spaces in the construction project In the case of Sanjeev Dhakar Vs. M/s. Arkanade Realty, In this case, the builder started to sell the parking area which is violative of the provisions of RERA.After listening to arguments of both the sides the court came to a conclusion that the respondent, who is the developer is obligated to provide the necessary space for parking to its occupants who have bought the flats of the project as per the development control rules. The builder cannot in any way sell that land of parking space to other people

MahaRERA landmark judgement on Amenities:

Maharashtra Real Estate Regulatory Authority (MahaRERA) has delivered several important Rera judgements related to amenities in real estate projects in the state of Maharashtra, India. Some of the key judgements include:

1. Punit Jain vs Poddar Developers: In 2018, MahaRERA ordered the developer to provide the amenities promised to the homebuyer as per the agreement. The authority also directed the developer to pay compensation to the homebuyer for the inconvenience caused due to the delay in providing the amenities.
2. Priyanka Dharankar vs M/s Om Sai Shraddha Builders and Developers: In 2019, MahaRERA ordered the developer to provide the amenities promised to the homebuyer as per the agreement. The authority also directed the developer to pay compensation to the homebuyer for the inconvenience caused due to the delay in providing the amenities.
3. Tanveer Tauseef vs M/s Dilip Buildcon Ltd: In 2021, MahaRERA ordered the developer to provide the promised amenities to the homebuyer as per the agreement. The authority also directed the developer to pay compensation to the homebuyer for the inconvenience caused due to the delay in providing the amenities.

MahaRERA landmark judgement on Occupancy Certificate:

Maharashtra Real Estate Regulatory Authority (MahaRERA) has delivered several important Rera judgements related to occupancy certificate (OC) in real estate projects in the state of Maharashtra, India. Some of the key judgements include:

1. Vijay Waghmare vs Pooja Constructions: In 2018, MahaRERA ordered the developer to obtain the OC for the project within a specified timeline and directed the developer to pay compensation to the homebuyer for the delay in obtaining the OC.
2. Varsha Kulkarni vs M/s Bellagio Colombo Construction Pvt. Ltd.: In 2019, MahaRERA ordered the developer to obtain the OC for the project within a specified timeline and directed the developer to pay compensation to the homebuyer for the delay in obtaining the OC.
3. Nilesh Mhaiskar vs M/s Satguru Lifespaces LLP: In 2020, MahaRERA ordered the developer to obtain the OC for the project within a specified timeline and directed the developer to pay compensation to the homebuyer for the delay in obtaining the OC.

Also Watch: If builder is constructing Additional floor without permission

1. Website –     https://www.dearsociety.in/
2. Instagram –  https://instagram.com/dearsocietymh?igshid=NmE0MzVhZDY=
3. LinkedIn –    https://www.linkedin.com/company/dear-societyin/
4. Facebook –   https://www.facebook.com/dearsocietyMH?mibextid=ZbWKwL

TO BE COUNTINUED