Background of the Case
Sharan Pal Singh and others (the allottees) had purchased a flat from Transcon Sheth Creators Pvt. Ltd. under an Agreement for Sale for a total consideration of ₹1,29,90,000. They paid approximately 91% of the consideration amount. The promoter acknowledged receipt of this amount by email dated 1 July 2023. The allottees also paid stamp duty of ₹6,49,600 and registration charges of ₹30,000.
By an order dated 29 November 2024, the Maharashtra Real Estate Regulatory Authority (MahaRERA) directed the promoter to pay interest for delayed possession from 1 July 2023 until the date of actual possession along with the Occupancy Certificate. The allottees filed Appeal No. AT12500070/2025 before the Maharashtra Real Estate Appellate Tribunal, Mumbai, challenging the said order.
What Happened After the Occupancy Certificate
The project received the Occupancy Certificate on 3 February 2026. Despite this, the promoter did not offer possession of the flat to the allottees. The allottees repeatedly requested handover of possession and expressed their willingness to pay the remaining amount. They communicated this through an email dated 4 April 2026 and also via WhatsApp.
The allottees stated that they were living in rented accommodation and were bearing the burden of rent along with home loan EMIs. They relied on Section 19(10) of the Real Estate (Regulation and Development) Act, 2016, which requires an allottee to take physical possession within two months of the issuance of the Occupancy Certificate.
Tribunal’s Findings
The Appellate Tribunal noted that the allottees had paid a substantial portion of the consideration (approximately ₹1,17,03,345 towards the consideration, excluding certain taxes and charges) and were ready and willing to pay the balance of ₹19,67,905. The promoter had not disputed the payments made.
The Tribunal observed that once the Occupancy Certificate is issued, the promoter is obligated to offer and hand over possession, and the allottee is obligated to take it. Despite the Occupancy Certificate being issued in February 2026, possession had not been offered. Given the large amount already paid, the allottees’ readiness to clear the balance, and the prolonged delay, the Tribunal found merit in their request.
The Order
By order dated 5 November 2026 in Miscellaneous Application No. 879/2026 (Possession) in Appeal No. AT12500070/2025, the Maharashtra Real Estate Appellate Tribunal (Coram: Shri S.S. Shinde (J), Chairperson and Dr. Rajagopal Devara, Member (A)) allowed the application.
The Tribunal directed the allottees to deposit ₹19,67,905 towards the balance consideration and other charges with the Registry of the Tribunal within four weeks and to inform the promoter in writing. Upon receipt of such written intimation, the promoter shall hand over actual possession of the flat within one week.
The directions are without prejudice to the rights and contentions of both parties in the main appeal. The miscellaneous application stands disposed of.
Main Appeal Still Pending
The main Appeal No. AT12500070/2025 continues. The present order only deals with the interim request for possession. Issues relating to interest for delayed possession and other contentions raised in the appeal remain to be decided by the Tribunal.
Also Read: MahaRERA Told Homebuyers to Cooperate. Tribunal Tells Builder to Pay Up
