Homebuyer’s Long Battle Shows RERA Registration Alone Is Not Enough
In a case that exposes the limits of RERA as a safeguard for homebuyers, the Maharashtra Real Estate Regulatory Authority (MahaRERA) has ordered relief to three allottees—Pooja Dudani, Ashok Dudani and Bhavna Dudani—after a five-year delay in possession of their flat in Tycoons Valley Tower A (Emerald Wing), a project of Milestone Space in Kalyan (Reg. No. P51700009259).
The order highlights a painful truth: even with RERA in place and a registered agreement signed after the Act came into force, possession is not guaranteed on time.
Flat Booked in 2018, Promised Possession in 2019… Still Waiting in 2025
- Agreement Signed: 31 January 2018
- Promised Possession Date: 31 December 2019
- Flat: 606, Emerald Wing, Tycoons Valley
- Amount Paid: Approx. ₹37.9 lakh
Despite paying nearly 80% of the flat cost, the Dudani family says the project’s construction saw long periods of complete inactivity, forcing them into years of rent, financial stress, and health consequences, especially for senior citizen Ashok Dudani.
Homebuyers: Financial Loss, Emotional Toll, and Broken Promises
The complainants told MahaRERA:
- They were repeatedly promised possession — first in 2019, then 2021 — but deadlines kept shifting.
- They were assured ₹25,000 per month as rent compensation, which never materialized.
- Construction remained stalled for years, with no even basic updates from the promoter.
- They incurred rent expenses, medical costs, and mental distress over the extended delay.
Initially, they asked for refund + interest, but considering sunk costs and emotional investment, they later sought possession plus interest for the delayed period.
Promoter’s Defence: PILs, TDR Issues, Demonetisation, GST, COVID
Milestone Space claimed the delay was due to external and uncontrollable causes:
- Litigation around the Dombivli dumping ground causing CC delays
- Reservation and TDR complications
- GST rollout, demonetisation
- COVID-19 force majeure
- Financial crisis due to heavy infrastructure investment
The promoter argued that they received extensions up to 30 June 2024 under Section 7(3) and therefore cannot be faulted for the delay.
They also rejected the homebuyers’ request for free parking, offering only a 50% discount, which the complainants did not accept.
Conciliation Attempts Failed — Buyers Proposed Settlement, Promoter Declined
During hearings, the complainants presented a settlement proposal:
- 50% of the calculated delayed interest (~₹16 lakh)
- Free parking
- No interest on the remaining payable amount
- Compensation worth ₹5 lakh
- Fixed possession date with penalties
The promoter refused all except the waiver of interest on the pending amount, which led to the case moving to final adjudication.
MahaRERA: Delay is Undisputed, Homebuyers Entitled to Interest
MahaRERA observed:
- Promoter is bound by the 31 December 2019 possession date mentioned in the registered agreement.
- Delays of this magnitude clearly violate Section 18 of the RERA Act, which guarantees:
- Interest for every month of delay, if the buyer chooses to stay in the project
- OR refund + interest, if the buyer opts out
Since the complainants chose to continue with the project, they became entitled to monthly interest for the delay period, until possession is delivered.
Why This Case Matters
This order reinforces a harsh reality:
A RERA registration and a registered agreement do not guarantee timely possession.
Even after the Act came into effect, and even in a regulated environment, homebuyers can face:
- Multi-year delays
- No rent reimbursement
- Incomplete construction
- Uncertainty around delivery
- Long legal battles
The Dudani family’s case—spanning 5+ years of delay and multiple broken promises—is a stark reminder that RERA ensures accountability, but cannot prevent delays caused by poor planning, financial weakness, or regulatory issues.
Homebuyers Across Maharashtra Are Asking the Same Question
If RERA can penalize developers only after delays occur, does it really protect buyers from delays at all?
The Tycoons Valley case brings this debate back to the forefront.
Also Read: MahaRERA Officer Will Now Register Your Flat or Cancellation Deed if Builder Refuses
