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MahaRERA landmark judgement on Society Registration

One of the notable cases under the Maharera landmark judgement on Society registration is the case of the Nisarg Nirman Cooperative Housing Society in Thane, Maharashtra. The society had filed a complaint with MahaRERA against the developer, alleging that the developer had not obtained the Occupancy Certificate (OC) for the society, and had also not completed the common amenities in the society.

The society had approached MahaRERA after it realized that the developer had transferred the property to the society without obtaining the necessary approvals from the authorities. The society argued that without the OC, the society would not be able to get water and electricity connections, and the common amenities such as the parking area, garden, and clubhouse were also incomplete. MahaRERA heard the complaint and ruled in favor of the society, stating that the developer had transferred the property to the society without obtaining the necessary approvals, which was a violation of the provisions of the Real Estate (Regulation and Development) Act, 2016. MahaRERA also directed the developer to complete the common amenities in the society and obtain the OC within a stipulated timeframe.

The ruling in the case of the Nisarg Nirman Cooperative Housing Society set a precedent for cases where developers transfer the property to societies without obtaining the necessary approvals. The ruling ensures that societies are not left in the lurch and that they have a legal recourse against the developer if the developer fails to obtain the necessary approvals or complete the common amenities. The ruling also promotes transparency and accountability in the real estate sector, which is crucial for the protection of the interests of homebuyers and society members.

MahaRERA landmark judgement on Deemed Convenyace

1. Rustomjee Acres: In this case, the developer had failed to convey the land to the society and had also violated the provisions of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963. MahaRERA directed the developer to execute the conveyance deed in favor of the society and also imposed a penalty of Rs. 2 lakh for the delay in executing the conveyance deed.
2. Ashirwad CHS: In this case, the society had filed an application for Deemed Conveyance, as the builder had failed to transfer the ownership of the land to the society. MahaRERA directed the builder to execute the conveyance deed in favor of the society and also imposed a penalty of Rs. 5 lakh for the delay in executing the conveyance deed.
3. Nirmal Lifestyle: In this case, the society had filed an application for Deemed Conveyance, as the builder had failed to transfer the ownership of the land to the society. MahaRERA directed the builder to execute the conveyance deed in favor of the society and also imposed a penalty of Rs. 25 lakh for the delay in executing the conveyance deed.

MahaRERA landmark judgement on Account Discloser

1. Neelkamal Realtors: In this case, the developer had not disclosed the details of the bank account in which the project funds were deposited, which was a violation of the provisions of the Real Estate (Regulation and Development) Act, 2016. MahaRERA directed the developer to disclose the bank account details and also imposed a penalty of Rs. 10 lakh for the violation.
2. Pashmina Developers: In this case, the developer had not maintained a separate bank account for each project, which was a violation of the provisions of the Real Estate (Regulation and Development) Act, 2016. MahaRERA directed the developer to maintain separate bank accounts for each project and also imposed a penalty of Rs. 5 lakh for the violation.
3. Wadhwa Developers: In this case, the developer had not submitted the audited balance sheet for the project, which was a violation of the provisions of the Real Estate (Regulation and Development) Act, 2016. MahaRERA directed the developer to submit the audited balance sheet and also imposed a penalty of Rs. 2 lakh for the violation.
4. Sunil Mantri Realty: In this case, the developer had not submitted the project-wise details of the receivables and payables, which was a violation of the provisions of the Real Estate (Regulation and Development) Act, 2016. MahaRERA directed the developer to submit the project-wise details of the receivables and payables and also imposed a penalty of Rs. 20 lakh for the violation.

MahaRERA landmark judgement on Project Not Registered Under RERA

1. Sai Siddhi Developers: In this case, the developer had launched a project without registering it under RERA, which was a violation of the provisions of the Real Estate (Regulation and Development) Act, 2016. MahaRERA directed the developer to register the project under RERA and also imposed a penalty of Rs. 1 lakh for the violation.
2. JVPD Properties: In this case, the developer had launched a project without registering it under RERA, which was a violation of the provisions of the Real Estate (Regulation and Development) Act, 2016. MahaRERA directed the developer to register the project under RERA and also imposed a penalty of Rs. 2 lakh for the violation.
3. Platinum Developers: In this case, the developer had launched a project without registering it under RERA, which was a violation of the provisions of the Real Estate (Regulation and Development) Act, 2016. MahaRERA directed the developer to register the project under RERA and also imposed a penalty of Rs. 5 lakh for the violation.
4. Shri Ganesh Builders and Developers: In this case, the developer had launched a project without registering it under RERA, which was a violation of the provisions of the Real Estate (Regulation and Development) Act, 2016. MahaRERA directed the developer to register the project under RERA and also imposed a penalty of Rs. 10 lakh for the violation.

The article discusses landmark judgments delivered by MahaRERA in various cases related to society registration, deemed conveyance, and account disclosure by developers. In the case of the Nisarg Nirman Cooperative Housing Society, MahaRERA ruled in favor of the society, stating that the developer had transferred the property to the society without obtaining the necessary approvals, which was a violation of the provisions of the Real Estate (Regulation and Development) Act, 2016. The ruling ensures that societies have a legal recourse against the developer if they fail to obtain necessary approvals or complete common amenities. MahaRERA has also delivered landmark judgments in cases related to Deemed Conveyance, where developers had failed to transfer the ownership of the land to the society. MahaRERA directed the developers to execute the conveyance deed in favor of the society and imposed penalties for the delay in executing the conveyance deed.

Finally, MahaRERA has delivered landmark judgments in cases related to account disclosure by developers, where they had not disclosed details of the bank account in which project funds were deposited or not maintained separate bank accounts for each project. MahaRERA imposed penalties for such violations and directed developers to comply with the provisions of the Real Estate (Regulation and Development) Act, 2016.

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