Search Results for "Homebuyer Claim"

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Search Results for "Homebuyer Claim"

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Tribunals

NCLAT Dismisses Appeal of Homebuyer Seeking Late Claim Filing in CIRP — Resolution Plan Approved Prior to Claim Filing Cannot Be Reopened. Homebuyer's claim filed after CoC approval of resolution plan was rightly rejected by RP as per IBC Regulations.

3 Jul 2025

The case involves an appeal filed by Sonia Kapoor, an allottee of a unit (A-1-104) in a real estate project of Dream Procon Pvt. Ltd. (Corporate Debto...

High Court

Karnataka High Court Quashes RERA Authority's Refund Order Against Builder for Lack of Jurisdiction as Project Was Completed Before RERA Act Came Into Force. The Court held that the Real Estate (Regulation and Development) Act, 2016 applies only to ongoing projects where completion certificate is not issued, and since partial occupancy certificate was issued prior to the Act, the complaint was not maintainable and the order was without jurisdiction.

2 Jan 2023

The case arose from a writ petition filed under Articles 226 and 227 of the Constitution of India by M/s Provident Housing Limited, a real estate deve...

Supreme Court

Supreme Court Allows Refund of Premium for Unutilized FSI in Land Development Case — Absence of Express Refund Provision Does Not Bar Refund When Privilege Not Availed. Appellants paid ₹30,46,290/- as premium for additional FSI but abandoned construction; Court held that retention of premium without utilization is unjust enrichment and directed refund with interest.

1 Jan 2026

The appellants, Prasad Pandurang Tapkir and Shakuntala Pandurang Tapkir, owned agricultural land in Survey No. 103/2/2 of Alandi Taluka, Pune District...

Supreme Court

Supreme Court Allows Refund of Premium for Unutilized FSI in Land Development Case — Absence of Statutory Bar Permits Refund When Privilege Not Availed. Appellants Paid Premium for Extra FSI but Abandoned Project; Court Held Retention of Premium Without Benefit Amounts to Unjust Enrichment.

1 Jan 2026

The appellants, Prasad Pandurang Tapkir and Shakuntala Pandurang Tapkir, owned agricultural land in Survey No. 103/2/2 of Alandi Taluka, Pune District...

High Court

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.

18 Jun 2026

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

Supreme Court

Supreme Court Orders Forensic Audit and Status Quo in Real Estate Project Dispute Over Fund Siphoning Allegations. The Court Approved Forensic Audit Findings That the Amrapali Group Controlled the La-Residentia Project and Diverted Buyer Funds, Leading to Interim Relief for Apartment Buyers Under Writ Petition (Civil) No. 940 of 2017.

29 Jun 2022

The Supreme Court of India, in a civil original jurisdiction matter, addressed a dispute concerning the Amrapali La-Residentia real estate project. Th...

High Court

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)

18 Jul 2025

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...

High Court

Bombay High Court Dismisses Promoter's Appeal in RERA Delayed Possession Case, Upholds Allottees' Right to Interest. Section 18 of RERA Overrides Section 55 of Contract Act; Acceptance of Delayed Possession Does Not Waive Right to Compensation.

18 Jun 2026

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

Tribunals

NCLAT Allows Appeals by Commercial Space Buyers in CIRP of IP Constructions Pvt. Ltd. — Resolution Plan Must Include Allottees' Claims. The Tribunal held that commercial space allottees are 'financial creditors' under Section 5(8)(f) of the Insolvency and Bankruptcy Code, 2016, and their claims must be considered in the resolution plan.

30 Nov -0001

The judgment arises from three appeals filed by commercial space allottees against orders of the National Company Law Tribunal (NCLT), Principal Bench...

Tribunals

Company Appeal (AT) (Ins) No. 1563 of 2023

3 Jul 2025

The appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 arises from the order of the NCLT, Allahabad Bench dated 06.10.2023 dismissing...

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