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Odisha REAT Upholds Penalty on Promoter for Uncertified Flats

BHUBANESWAR: The Odisha Real Estate Appellate Tribunal (OREAT) has dismissed an appeal from a local promoter and upheld the Rs 3 lakh penalty for delivering flats in the Gadakana housing project without the necessary occupancy certificate (OC) and failing to secure registration from the Odisha Real Estate Regulatory Authority (ORERA). This ruling was issued on March 6. The tribunal affirmed ORERA’s March 4, 2024, directive, which penalized the promoter for breaching Section 3(1) of the Real Estate (Regulation and Development) Act, 2016, which stipulates that all eligible projects must be registered before any sales or promotions occur. The tribunal also…

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SC Upholds Orissa HC Ruling on Pahala Project CC Legality

BHUBANESWAR: The Supreme Court has stayed the Odisha High Court’s December 2025 decision that overturned the orders of the Odisha Real Estate Appellate Tribunal (OREAT) concerning a significant real estate project in Pahala, located on the outskirts of the city, along with the interests of its allottees. The High Court previously determined that the project was completed before the initiation of the Odisha Real Estate (Regulation and Development) Act, 2016 (RERA), rendering homebuyers’ complaints inadmissible. This conclusion was based on a completion certificate issued for the project in 2015. However, the Supreme Court’s intervention has placed this ruling on hold,…

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Odisha REAT Upholds ORERA Order on Builder’s OC and Common Areas

BHUBANESWAR: The Odisha Real Estate Appellate Tribunal (OREAT) has rejected an appeal from a local realtor, affirming an order from the Odisha Real Estate Regulatory Authority (ORERA) that mandates the developer acquire completion and occupancy certificates (OC) for a duplex project in Janla. Upon discovering violations by the builder, OREAT instructed the formation of an allottees’ association and the transfer of common areas and statutory documents to the property buyers within two months. The project comprises 41 duplex apartments. An OREAT panel asserted that the real estate company is the promoter of the entire development and cannot lessen its legal…

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Odisha REAT Ensures Homebuyer Rights in Realty Dispute

BHUBANESWAR: The Odisha Real Estate Appellate Tribunal (OREAT) has dismissed appeals from a public sector bank that sought to auction a real estate project in the city, where buyers have made significant investments. The bank’s appeal challenged a prior ruling from the Odisha Real Estate Regulatory Authority (ORERA) after the project promoters defaulted on loan repayments. The tribunal concluded that by initiating auction proceedings under the SARFAESI Act, 2002, the bank “stepped into the shoes of the promoter” and is required to assist in completing the halted housing project. This dispute originated from two separate complaints lodged by allottees of…

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Odisha REAT Fines Developer for Unfair Trade Practices

BHUBANESWAR: The Odisha Real Estate Appellate Tribunal (OREAT) recently issued a groundbreaking ruling, referencing Shakespeare’s notorious moneylender Shylock from *The Merchant of Venice*, and imposed a fine of ₹10 lakh on a real estate developer. The tribunal was reviewing an appeal from the promoter of a large real estate project situated in Cuttack alongside NH-16. The tribunal criticized the developer’s actions as “dubious,” accusing them of “unfair trade practices” against the buyer. The appeal was made by the project promoter contesting an earlier ruling by the Odisha Real Estate Regulatory Authority (ORERA). The complainant had paid over ₹3.19 crore for…

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Odisha REAT Affirms Homebuyers’ Rights in Landmark Ruling

BHUBANESWAR: In a significant ruling that supports homebuyers’ rights, the Odisha Real Estate Appellate Tribunal (OREAT) has dismissed an appeal from a local promoter, affirming the allotment of a flat to a buyer and deeming its cancellation as arbitrary and unlawful. The case involved a flat in a multi-storey residential development in Brahmeswarpatna. The buyer had already paid over Rs 60 lakh of the total Rs 70.68 lakh but was denied possession after the promoter unilaterally canceled the allotment, citing delayed payments. However, the tribunal determined that the buyer had adhered to the payment schedule outlined in the registered sale…

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Odisha REAT Supports Buyer Amid Builder Delays and Amenities Issues

BHUBANESWAR: The Odisha Real Estate Appellate Tribunal (OREAT) has rejected an appeal from a local realtor disputing the applicability of the RERA Act, 2016 to its residential project in Andharua. During a recent session, the tribunal affirmed the Odisha Real Estate Regulatory Authority’s (ORERA) previous decision, mandating the developer to compensate the buyer and adhere to essential legal requirements. The case stemmed from a complaint by homebuyer Surya Prakash, who cited delays in possession, the absence of mandatory occupancy and fire safety certificates, and the failure to deliver the promised amenities as outlined in the sale agreement. Despite investing Rs…