Real Estate (Regulation and Development) Act, 2016

Ferani Hotels Pvt. Ltd. (appellant) entered into a development agreement with Mr. Nusli Neville Wadia (respondent No.3), who later terminated the agreement and sought certified copies of the development plans, layouts and related documents filed with the Municipal Corporation of Greater Mumbai under the Right to Inform…

M/s Orator Marketing Pvt. Ltd., the assignee of a Rs 1.60 crore interest‑free term loan given to M/s Samtex Desinz Pvt. Ltd. for working‑capital, filed a petition under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) to initiate a corporate insolvency resolution process (CIRP). The National Company Law Trib…

The Association for Consumer Welfare and Aid filed a consumer complaint before the National Consumer Disputes Redressal Commission (NCDRC) seeking possession of flats and restraint of extra charges, alleging that Three C Universal Developers Private Limited was the main promoter of the Lotus Panache project. The NCDRC …

The Supreme Court considered appeals concerning the corporate insolvency resolution process (CIRP) of Jaypee Infratech Limited (JIL) under the Insolvency and Bankruptcy Code, 2016. The resolution plan submitted by NBCC (India) Ltd. was approved by the Committee of Creditors (CoC) with a 97.36% voting share, but various…

Home buyers booked flats in various projects of the Amrapali Group of companies in Noida and Greater Noida, paying substantial amounts between 2010-2014. The builders failed to deliver possession within the promised 36 months and did not pay dues to the Noida and Greater Noida Authorities or repay loans taken from bank…

The builder Laureate promised delivery of a flat by October 2015. The original allottee, after paying several instalments, sold the flat to Charanjeet Singh in 2016, who stepped into her rights. Construction stalled due to environmental orders, and the builder failed to deliver possession. Singh sought a refund of the …

The developer, IREO Private Limited, was sued by apartment buyers for failing to hand over possession of their flats within the contractual period and for not providing promised amenities. The buyers sought specific performance and, alternatively, a refund of the amount paid with interest. The NCDRC ordered a refund wi…

The petitioners challenged Sections 3, 4, and 10 of the Insolvency and Bankruptcy Code (Amendment) Act, 2020, which introduced threshold requirements for allottees and certain financial creditors to initiate corporate insolvency resolution process (CIRP), clarified that a corporate debtor can initiate CIRP against anot…

The Supreme Court examined whether the New Okhla Industrial Development Authority (NOIDA), as the lessor in a 90‑year lease of land for a residential project, could be treated as a financial creditor under the Insolvency and Bankruptcy Code, 2016. The Court held that the lease does not qualify as a financial lease unde…

The appellant society, representing homebuyers, challenged the NCLAT's order admitting Takshashila Heights India Private Ltd (the corporate debtor) into the Corporate Insolvency Resolution Process (CIRP) on a petition filed by Edelweiss Asset Reconstruction Company Ltd (the financial creditor). The society also contest…

The Supreme Court examined whether the appellants, who entered into buy‑back memoranda of understanding for residential units, were "speculative investors" and thus barred from filing Section 7 insolvency petitions, and whether the 2019 Insolvency and Bankruptcy Code (Amendment) Ordinance and the subsequent 2020 Amendm…

The Supreme Court considered appeals by CREDAI, Godrej Properties and Sai Sahara Developers challenging a National Green Tribunal (NGT) order that applied the General Conditions (GC) of the EIA 2006 Notification to building and construction projects (Item 8(a)) and township projects (Item 8(b)) within 5 km of environme…

The Supreme Court considered appeals filed by Newtech Promoters and Developers challenging orders of the Uttar Pradesh Real Estate Regulatory Authority that directed refund of home‑buyers' money with interest. The promoters argued that the authority, a single member, lacked jurisdiction, that the Real Estate (Regulatio…

The petitioner, a single home buyer, filed a writ petition under Article 32 of the Constitution seeking cancellation of agreements, refund of monies, or completion of the Sushant Megapolis real estate project, along with directions for a monitoring committee, forensic audit, and investigations by various agencies. The …

The Supreme Court considered a batch of writ petitions challenging the constitutional validity of the Insolvency and Bankruptcy Code (Second Amendment) Act, 2018, which classifies home‑buyers/allottees of real‑estate projects as "financial creditors" under the Code, thereby permitting them to invoke Section 7 and to be…

Jaypee Infratech Ltd (JIL) defaulted on a loan from IDBI Bank, prompting the bank to initiate a Corporate Insolvency Resolution Process (CIRP) under the Insolvency and Bankruptcy Code, 2016 (IBC). Home buyers filed a writ petition alleging that the CIRP ignored their interests and sought a pro‑rata refund of the Rs 750…

The developer Experion Developers failed to deliver possession of an apartment to the consumer, Sushma Ashok Shiroor, within the 42‑month period stipulated in the Apartment Buyer’s Agreement. The consumer filed a complaint before the National Consumer Disputes Redressal Commission, which ordered the developer to refund…

The appellants, home buyers in a real‑estate project, obtained a decree from the Uttar Pradesh Real Estate Regulatory Authority (UPRERA) ordering a refund of their investments with interest. While insolvency proceedings under the Insolvency and Bankruptcy Code, 2016 (IBC) were pending, the resolution professional propo…

The appellant, Dharmendra Sharma, purchased an apartment from the Agra Development Authority (ADA) and sought possession after paying the agreed price, but ADA's offer of possession on 4 December 2014 was made without a completion certificate or firefighting clearance certificate. The appellant filed a consumer complai…

The appellant, Imperia Structures Ltd., launched a housing scheme in 2011 and entered builder‑buyer agreements with the respondents in 2013. After the Real Estate (Regulation and Development) Act, 2016 (RERA) came into force, the respondents filed consumer complaints alleging delay and deficiency, seeking refunds with …

The respondents booked an apartment with Godrej Projects and paid a 20% earnest money deposit as per the Apartment Buyer Agreement. After the developer offered possession in June 2017, the respondents cancelled the purchase citing a market recession and demanded a full refund of Rs.51,12,310 with interest. The NCDRC or…

The Supreme Court examined whether Spade Financial Services Ltd. and AAA Landmark Pvt. Ltd. could be treated as financial creditors of AKME Projects Ltd. during its corporate insolvency resolution process. It held that the transactions between the corporate debtor and the two entities were collusive, lacking genuine di…