In a stark example of promoter indifference towards regulatory proceedings, the Maharashtra Real Estate Regulatory Authority (MahaRERA) has passed an ex-parte order directing a builder to refund homebuyers in a stalled project after the promoter failed to appear or file any reply despite multiple notices.
The orders, pronounced by Member II Ravindra Deshpande on 10 June 2026, pertain to two separate complaints filed by homebuyers Rajendra Shashidhar Umadi and Pravin Sudam Pawade against Tushar Satyavijay Heda, proprietor of M/s Kasturi Developers. The project in question is Kasturi Premium (MahaRERA Registration No. P52100010083).
Both complainants had booked flats in the B Wing of the project — Flat No. 302 and Flat No. 202 respectively — through registered Agreements for Sale executed in 2018. The promoter had promised possession by 31 December 2020. However, construction reportedly stopped in 2019, and the project has remained stalled for years. The homebuyers alleged that despite repeated follow-ups through calls, emails, and personal visits, the promoter stopped responding and failed to deliver possession.
Seeking relief under Section 18 of the Real Estate (Regulation and Development) Act, 2016, both complainants demanded a full refund of their payments along with 12% interest. Rajendra Umadi had paid ₹10,95,900 while Pravin Pawade had paid ₹10,60,601.
Key Highlight: Complete Absence of Builder The most significant aspect of these orders is the promoter’s total non-participation. Despite being duly served with notices and hearing links, and even after being granted time until 30 July 2025 to file a reply, Tushar Heda neither submitted any response nor appeared before the Authority on the hearing date of 18 September 2025. The Authority proceeded with the matter ex-parte and drew an adverse inference against the promoter for withholding material facts.
In its detailed reasoning, MahaRERA noted that the promoter’s failure to complete the project or offer possession amounted to a clear breach of statutory and contractual obligations. The Authority observed that homebuyers cannot be expected to wait indefinitely for a stalled project.
Partial Refund Granted While the complaints were partly allowed, the Authority granted refund only to the extent of amounts supported by documentary evidence (loan disbursement records). Accordingly:
- In Complaint No. CC005000000177819 (Rajendra Umadi): Refund of ₹8,65,750 along with interest at SBI MCLR + 2% from 1 January 2021 till actual realization.
- In Complaint No. CC005000000177820 (Pravin Pawade): Refund of ₹8,63,400 along with interest at SBI MCLR + 2% from 1 January 2021 till actual realization.
The promoter has been directed to make the payment within 60 days from the date of the order. Additionally, the builder must pay ₹20,000 towards litigation costs in each case.
This order underscores a growing concern in RERA proceedings where promoters frequently ignore notices, forcing the Authority to pass ex-parte orders. Such conduct not only delays justice for homebuyers but also reflects poorly on builder accountability in the sector.
Homebuyers in stalled projects can draw confidence from this order that MahaRERA continues to protect allottee rights under Section 18 even when promoters choose to stay away from the process.
Also Read: MahaRERA Rejects Homebuyers’ Brokerage Refund Plea
