Homebuyers facing endless project delays, take note: A recent MahaRERA order dated February 3, 2026, delivers a powerful victory for a Vasai flat owner who waited over 12 years. The Authority ordered the builder to hand over the flat immediately (with full Occupancy Certificate) and pay hefty interest on nearly ₹20 lakh from late 2013 onward—at SBI’s highest MCLR + 2% (currently around 10.8% p.a.). Crucially, the ruling shuts down the common builder tactic: “We offered refund years ago—you chose to wait, so no compensation!”
This case sends a clear signal: RERA’s protections for delayed possession are strong, even in old pre-RERA agreements, and past refund proposals don’t wipe out your rights if you hold on for the flat.
Buyer’s Ordeal: ₹20 Lakh Paid in 2010–Still No Flat in 2026
Vilas Janardan Gode booked a 410 sq ft carpet area flat in “Veena Velocity Phase II” (MahaRERA Reg. P99000014147), Vasai, in October 2010 for ₹19.68 lakh.
- He paid almost the full amount: ~₹19.60 lakh directly (₹14.97 lakh via IDBI Bank home loan) (total ~99.5% towards consideration).
- Extras included stamp duty, service tax/GST, and over ₹8 lakh in loan interest by 2019.
- Agreement registered November/December 2010—but no possession date was specified.
- Builder verbally promised ~1-year delivery, but reality was very different.
Construction halted for years due to a 2011 court injunction in a land dispute (settled only in 2017). Work resumed, completed by November 2018, but no OC from CIDCO/Vasai—blamed on landowner insolvency/legal hurdles. OC finally issued February 13, 2025.
The buyer filed his complaint in September 2020, demanding possession, interest for delay (from 2013 or project proposed date 2017), and ₹5 lakh compensation.
Builder’s Main Defences: Court Stay, Refund Offers, and “No Date Promised”
The developer (M/s. Nikunj Developers) argued:
- No fixed possession date in the 2010 agreement (under old MOFA law), so no breach.
- Delay caused by unavoidable court stay (2011–2017) + later OC technical issues.
- Multiple refund offers with interest (9–12% p.a.) in 2013, 2014, and 2015—buyer refused, so he “waived” claims.
- RERA doesn’t fully apply to pre-2016 sales; project extensions (to 2020) cover them.
- Most other buyers took “fit-out” (semi-finished) possession; only this buyer insisted on full OC.
MahaRERA’s Firm Ruling: Delay Interest Is Your Unqualified Right
Member Ravindra Deshpande rejected key defences:
- RERA applies retroactively to ongoing/incomplete projects (per Supreme Court in Newtech Homes).
- No date in agreement? Reasonable possession time is 3 years from agreement date (Supreme Court in Fortune Infrastructure)—so due by November 2013.
- Court stay/OC delays don’t excuse indefinite wait after buyer paid nearly full amount.
- Section 18 gives unqualified right to interest if buyer stays in project (not withdrawing for refund).
- Rejecting old refund offers ≠ waiver; buyer chose the flat, so interest applies.
- Interest is compensatory—no extra ₹5 lakh needed.
Final Directions (3 Feb 2026):
- Hand over full possession with OC within 30 days.
- Pay interest on ₹19,59,758 (consideration paid, excluding stamp duty/taxes/GST) at SBI highest MCLR + 2% p.a. (currently 8.80% + 2% = 10.80% p.a. as of Feb 2026).
- From 27 November 2013 till actual possession (potential payout: several lakhs—exact calc pending).
- ₹10,000 case costs to buyer.
Key Takeaways for Every Homebuyer in Maharashtra
- RERA trumps old agreements and project extensions for individual delay claims.
- 3-year rule often sets the clock for interest if no date specified.
- Builders’ “we offered refund earlier” defence fails if you stick with the project.
- Interest accrues monthly on what you paid toward the flat price—powerful compensation.
- If delayed beyond reasonable time, check your project’s RERA portal and file under Section 18 early.
This ruling reinforces that homebuyers aren’t powerless against years-long waits. If you’re in a similar boat, your rights are real—and enforceable.
