In a significant order, Maharashtra Real Estate Regulatory Authority (MahaRERA) has dismissed a homebuyer’s claim for delay interest and compensation after they accepted possession of the flat and filed the complaint almost 10 months later.
The order, passed by Chairperson Manoj Saunik on July 2, 2026, in Complaint No. CC12504320, highlights important limitations on delay claims under RERA once homebuyers take physical possession without protest.
Case Background
The complainants — Pratik Rajesh Savla, Rajesh Chaganlal Savla, and Vaishali Rajesh Savla — had booked Flat No. 603 in the “Shubh Regency” project (MahaRERA Registration No. P51800003145) developed by Shubh Enterprise.
They executed a registered Agreement for Sale on 25 February 2022 for a total consideration of ₹1.05 crore with the promised possession date of 30 June 2022. The project eventually received Occupation Certificate (OC) from Brihan Mumbai Municipal Corporation on 27 February 2025. Physical possession of the flat was handed over to the buyers around 15 March 2025.
In December 2025, the buyers approached MahaRERA seeking:
- Issuance of a formal possession letter
- Interest at 18% per annum on the amounts paid (totaling ₹50.61 lakh) from the dates of payment till 15 March 2025
- Compensation of ₹10 lakh for mental agony and financial loss
Promoter’s Defence
The promoter argued that the buyers were aware of the project status at the time of booking, had taken soft/fit-out possession earlier in 2024, and accepted physical possession in March 2025 without any protest. They also pointed out that the buyers had delayed making payments and continued to occupy the flat.
MahaRERA’s Key Observations
The Authority noted that while Section 18 of the RERA Act does not prescribe a specific limitation period, it contains an “inbuilt limitation”.
In a crucial observation (Paragraph 10 of the order), MahaRERA stated:
“Any grievance of delayed possession must be raised before the date of completion of the project and not on any future date chosen by the allottees. Any grievance raised later on account of delayed possession would clearly be estopped by Section 18 of the Act.”
The Authority further observed that the buyers had accepted possession without raising any reservation and filed the complaint much later, making their monetary claims an “afterthought.” The complainants also could not provide sufficient evidence regarding missing common amenities.
Final Order
MahaRERA dismissed the complaint for interest and compensation. However, it directed the promoter to issue the formal possession letter to the complainants within 30 days from the date of the order. No costs were awarded.
Implications for Homebuyers
This order sends a clear message to homebuyers: Timing matters. Accepting possession of a delayed flat without protest and then approaching RERA after several months can seriously weaken the case for delay interest and compensation.
Homebuyers facing delays are advised to file complaints while the project is still incomplete rather than waiting until after taking possession. The ruling is likely to be cited in future cases where allottees seek relief long after moving into their flats.
This decision strikes a balance — protecting promoters from belated claims while still directing them to complete basic formalities like issuing possession letters.
Also Read: MahaRERA Rejects Homebuyers’ Brokerage Refund Plea
