MahaRERA Orders Refund With Interest as Homebuyers Win Long-Running Delay Battle
In a significant ruling reinforcing homebuyer protections under the Real Estate (Regulation and Development) Act, 2016, the Maharashtra Real Estate Regulatory Authority (MahaRERA) has categorically held that uploading Form 4 (Architect’s Certificate) does not amount to legal project completion in the absence of an Occupation Certificate (OC).
The Authority passed the order while deciding a batch of complaints filed by homebuyers in the “Kuber Ganraj” project (MahaRERA Registration No. P51700008998), developed by promoter Ashvinkumar Dahyabhai Patel. The ruling resulted in refunds with interest being granted to three allottees after years of delay.
Form 4 Uploaded, But Project Still Without OC
As recorded by MahaRERA, the project was originally scheduled for completion in 2018, with a revised completion date of 2019. However, the project never obtained an Occupation Certificate from the competent planning authority.
Instead, the promoter uploaded Form 4 (Architect’s Certificate) dated 2 December 2020 on the MahaRERA portal, declaring that construction was complete. MahaRERA made it clear that such a certificate cannot substitute the statutory requirement of an Occupation Certificate, which alone validates legal possession under RERA.
Contractual Possession Due in 2016, Regulatory Direction in 2018 Ignored
The homebuyers had booked their flats between 2014 and 2015, and their registered Agreements for Sale recorded the contractual possession date as on or before 31 May 2016. Despite substantial payments having been made, possession was not handed over within the agreed timeline.
MahaRERA further noted that the Authority had passed a common order in October 2018, directing the promoter to hand over possession by 31 December 2018. This regulatory direction was also not complied with, and the delay continued unabated.
Promoter Remains Absent, Matters Proceed Ex-Parte
During the proceedings, the promoter remained absent for four consecutive hearings and failed to file any written submissions or documents to justify the delay or counter the homebuyers’ claims.
In view of repeated non-appearance, MahaRERA proceeded ex-parte, observing that the allegations and documents placed on record by the complainants remained uncontroverted.
MahaRERA: No OC Means Delay Continues
In its findings, MahaRERA reiterated that:
- Architect’s Certificates only attest to construction completion
- Occupation Certificates are mandatory statutory approvals
- Possession without OC is impermissible under Sections 17 and 19(10) of the RERA Act
The Authority held that the delay in the project continued until the date of the order, entitling the homebuyers to exit the project and seek refund with interest.
Refund With Interest Ordered From Contractual Due Date
Allowing three of the four complaints, MahaRERA directed the promoter to:
- Refund the entire amount paid by the allottees (excluding statutory charges such as stamp duty and registration fees)
- Pay interest from 1 June 2016 until realization, at the rate prescribed under Rule 18 of the Maharashtra RERA Rules, 2017
- Complete the refund within 60 days of the order
- Execute and register cancellation deeds after payment
One complaint was dismissed solely due to the absence of a registered Agreement for Sale, which the Authority held to be a foundational document for adjudication.
COVID Moratorium Relief Denied
MahaRERA also ruled that the promoter cannot claim the benefit of COVID-19 moratorium notifications, noting that the delay arose much before the pandemic and was attributable entirely to the promoter’s failure to perform contractual and statutory obligations.
Why the Ruling Matters
The order sends a clear message to developers across Maharashtra that project completion cannot be declared through professional certificates alone. Without an Occupation Certificate issued by the competent authority, buyer rights under RERA remain fully enforceable, including the right to refund with interest.
For homebuyers stuck in delayed projects, the ruling reaffirms that Form 4 cannot be used as a shield against accountability.
Also Read: Homebuyers Can’t Double-Dip: MahaREAT Says Civil Suit Blocks Later RERA Complaints
