India's comprehensive legal resource covering landmark Supreme Court & High Court judgments on property law.
Expert legal summaries, FAQs, and practical guidance across 20 property dispute categories.
๐ 20 Categories
โ๏ธ SC & HC Judgments
โ Legal FAQs
๐ก Practical Examples
โ ๏ธThis content is for educational purposes only and does not constitute legal advice. For specific legal matters, consult our Legal Consultancy service.
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Builder-buyer disputes are among the fastest growing category of property litigation in India, involving delayed possession, defective construction, deviation from sanctioned plans, and refund disputes.
โ๏ธ Key Legal Principles
1RERA (Real Estate Regulatory Authority) governs all registered projects
2Builder must deliver as per Buyer Agreement specifications
3Penalty at prescribed rate for delayed possession
4Consumer Forum also has jurisdiction alongside RERA
๐๏ธ Important Supreme Court Judgments
โ๏ธ Kolkata West International City v. Devasis Rudra (2019)
(2019) 16 SCC 22 | AIR 2019 SC 3671
Buyer can seek refund with interest if possession not given within agreed time
โ๏ธ Pioneer Urban Land v. Union of India (2019)
(2019) 8 SCC 416 | AIR 2019 SC 4055
Home buyers are financial creditors under IBC and can file insolvency proceedings against builder
๐๏ธ Important High Court Judgments
โ๏ธ Delhi HC โ Ansal Properties v. DRERA (2021)
RERA authority has power to direct registration of projects and impose penalties
โ๏ธ Bombay HC โ Godrej Properties v. Buyer (2020)
Developer cannot change flat specifications without buyer's written consent
โ Frequently Asked Questions
Q: What is the RERA timeframe for filing complaints?
A: RERA complaints must be filed within 5 years from the date the cause of action arose. Consumer Forum complaints must be filed within 2 years.
Q: Can I claim interest for delayed possession?
A: Yes. Under RERA, you are entitled to interest at SBI MCLR + 2% on your deposited amount for the period of delay, or full refund with interest.
๐ก Practical Example
Developer promises possession of flat by December 2022. In 2024, construction is still incomplete. Buyer can file complaint with RERA Authority seeking possession or refund with 10.65% interest per annum.