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Supreme Court Allows Appeal in Consumer Dispute Over Flat Booking - Reduction of Booking Amount to 15% Upheld as Valid Novation. Developer's Failure to Execute Agreement and Cancellation of Allotment Amounts to Deficiency of Service Under Consumer Protection Act, 1986.

The dispute arose from a residential apartment booked by the appellants, Suman Jindal and another, with the respondent developer, M/s. Adarsh Develope...

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Bombay High Court Considers Whether Allottee's Withdrawal Right Under RERA Section 18 Is Unqualified After Possession with OC Was Offered; Questions If Such Possession Must Be Litigation-Free Under Section 19(10)

The dispute arose under the Real Estate (Regulation and Development) Act, 2016 between a common developer and four sets of allottees for flats in proj...

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Bombay High Court Dismisses Petition Challenging De-registration of Housing Federation in Ongoing Real Estate Project — RERA Rule 9(1)(ii) Overrides MCS Act for Formation of Apex Body Before Project Completion.

The petitioner, Lodha Belmondo Housing Federation Ltd., a federation registered under the Maharashtra Co-operative Societies Act, 1960, challenged the...

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Bombay High Court Allows Petitions Challenging Unilateral Modification of Development Control Regulations by State. Held that DCRs are statutory and cannot be altered without following due process under the Maharashtra Regional and Town Planning Act, 1966.

The judgment concerns two writ petitions filed by D B Realty Limited and Salim Balwa (WP No.366 of 2014) and Savita Homemakers LLP and Akkshay Jain (W...

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Bombay High Court Dismisses Developer's Appeal Against Proposed Cooperative Society in Suit for Declaration and Injunction — Flat Purchasers' Rights Protected Under Maharashtra Ownership Flats Act, 1963.

The appellant, M/s. Atishay Realtors Pvt. Ltd., a developer, filed an appeal against an order of the City Civil Court, Mumbai, which granted ad-interi...

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Bombay High Court Partly Allows Promoter's Appeal in RERA Interest Case. Appellate Tribunal's Suo Motu Adjudication on Termination of Agreement Set Aside as Without Jurisdiction.

The case involves an appeal under Section 58 of the Real Estate (Regulation and Development) Act, 2016 (RERA Act) filed by Satyam Developers, the prom...

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Bombay High Court Allows Promoter's Appeal in RERA Case, Holding That Acceptance of Delayed Possession Without Protest Does Not Waive Right to Interest Under Section 18 of RERA. Statutory Right to Interest Under RERA Cannot Be Waived by Mere Acceptance of Possession Without a Clear Agreement.

The case involves a Second Appeal filed by CCI Projects Private Limited (the promoter) against an order of the Maharashtra Real Estate Appellate Tribu...

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Bombay High Court Upholds Specific Performance of Development Agreement in Favor of Purchasers. Agreement for Development Treated as Agreement for Sale Under Specific Relief Act, 1963 as Essential Terms Constitute Sale of Immovable Property.

The appellants, original defendants, were the owners of a property in Pune. They executed a development agreement dated 18th October 2007 in favor of ...

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Bombay High Court Allows Petition Challenging Conditions in Deemed Conveyance Certificate for Cooperative Housing Society. Conditions requiring payment of additional premium and submission of no-objection certificate from developer held ultra vires the Maharashtra Ownership of Flats Act, 1963.

The petitioner, Royal Accord Avenue Co-operative Housing Society Ltd., challenged two specific conditions in an order/certificate granting Deemed Conv...