In a significant order that strengthens promoters’ rights against defaulting allottees, the Maharashtra Real Estate Regulatory Authority (MahaRERA) has directed two homebuyers to execute a Deed of Cancellation after they paid only a minuscule amount and failed to honour their payment obligations.
The complaint was filed by Skyi Property Ventures LLP, promoter of the project “Skyi Star City Phase–III” (MahaRERA Registration No. P52100029474), against allottees Pankaj Bhagwat Misal and Pooja Pankaj Misal.
Chronological Timeline of Events
- 27–28 July 2022: The Misal couple booked Flat No. 103 on the first floor (carpet area 62.78 sq.m. + balconies + covered parking) in the project. An Agreement for Sale was executed and registered before the Sub-Registrar, Haveli No. 4. Total consideration was fixed at ₹44,99,999 (excluding taxes and other charges).
- Post-booking: Despite repeated demand letters issued as per the construction-linked payment schedule mentioned in the Agreement, the buyers paid only ₹49,504. They repeatedly assured the promoter that outstanding dues would be cleared but failed to do so.
- 23 November 2022: After giving sufficient opportunities, the promoter issued a 15 days’ notice calling upon the allottees to clear the dues.
- 7 February 2023: As the buyers failed to comply, the promoter issued a formal Termination Notice, terminating the Agreement for Sale.
- 15 March 2023: A public notice was published in the daily newspaper “Pudhari”, informing the public that the Agreement stood terminated and that the allottees had no right, title or interest in the flat.
- 16 May 2023: The promoter filed Complaint No. CC005000000258848 before MahaRERA seeking declaration of termination, direction to execute Deed of Cancellation, and other consequential reliefs.
- 11 November 2025: The matter came up for hearing. None appeared for the respondents. MahaRERA noted that the respondents had remained absent despite service of notice and proceeded ex-parte against them for the second time. The complainant was directed to file written arguments.
- 9 December 2025: Written arguments were uploaded by the complainant.
- 22 June 2026: Member-II Shri Ravindra Deshpande pronounced the Final Order.
MahaRERA’s Order & Reasoning
Since the respondents neither appeared nor filed any reply, all contentions and documents submitted by the promoter remained unchallenged. MahaRERA observed that the promoter had followed due process — issuing demand letters, a 15-day notice, termination notice, and public notice — before approaching the Authority.
Relying on precedents such as M/s. SMP Namrata Associates vs. Mrs. Suvarna Santosh Nazrekar and Platinum Properties vs. Ashok Tukaram Khaladkar, the Authority held that an allottee is bound to make payments as per the Agreement and that failure to do so entitles the promoter to terminate the Agreement under Section 11(5) of the RERA Act.
Key Directions in the Order:
- The allottees are directed to execute and register the Deed of Cancellation of the Agreement for Sale dated 27.07.2022 within 60 days from the date of the order.
- The promoter shall bear the stamp duty, registration charges and all incidental expenses for the cancellation deed.
- If the allottees fail to comply, the promoter can initiate a non-compliance application under MahaRERA Circular No. 50/2025.
- After cancellation, the promoter shall refund the amount, if any, payable to the allottees strictly as per the terms of the Agreement.
- The allottees must clear any encumbrances created on the flat.
- All other reliefs (including compensation) were rejected. No costs were awarded.
Significance of the Order
This order is notable because it is a promoter-initiated complaint that has succeeded at MahaRERA. It sends a clear message that while RERA protects genuine homebuyers, it will not shield allottees who book flats and then default on payments. The order also provides a practical mechanism for promoters to remove registered Agreements that have become an impediment to re-selling units.
Also Read: MahaRERA Orders Interest for Delayed Possession in Kalyan’s Vrundavan Project
