Up next
Tags

The Maharashtra Real Estate Regulatory Authority (MahaRERA) has dismissed multiple complaints filed by homebuyers against Evalia Projects and Development Pvt. Ltd. and its associates, ruling that contracts signed before the implementation of the Real Estate (Regulation and Development) Act, 2016 (RERA) cannot be overridden by its provisions. However, the authority granted relief to one homebuyer whose complaint was backed by a registered agreement for sale.

Why MahaRERA Dismissed the Complaints:

  • The dismissed complaints were based on pre-RERA contracts, specifically Letters of Intent (LOI), which included clauses for arbitration and predefined exit procedures.
  • MahaRERA ruled that homebuyers had voluntarily agreed to these terms before RERA came into force, and therefore, their claims could not be considered under the Act.
  • The authority emphasized that it cannot rewrite the terms of contracts signed before RERA’s enactment, upholding the validity of pre-RERA dispute resolution mechanisms.

Relief Granted to One Homebuyer for Delayed Possession:

One homebuyer (Complainant No. 5) had a registered agreement for sale dated January 10, 2020, with a promised possession date of March 31, 2020. Since the developer failed to deliver possession and has not obtained an Occupancy Certificate (OC), MahaRERA ruled that the complainant is entitled to interest compensation from April 1, 2020, until actual handover with OC.

Project Lapses and Developer’s Obligations:

  • The VIDA BLDG B-1 project’s registration lapsed on September 30, 2020, and the developer has not taken steps for renewal.
  • MahaRERA directed the developer to seek an extension within 30 days or face penalties under Section 63 of RERA.

Implications for Homebuyers:

This ruling highlights the limitations of RERA for homebuyers with pre-RERA contracts and underscores the importance of having a registered sale agreement to claim relief under the Act. It also reinforces that developers are liable for delays and must compensate buyers when possession is not delivered on time.

Also Read: Not Cancelling Flat On Time, Proves Costly For Nirmal

SHARE ON
TwitterWhatsappFacebookBufferLinkedInPin It
You May Also Like
Maharashtra government tightens rules to avoid delays in land acquisition court cases, ensuring faster justice and compensation for affected citizens.

‘Scam Within a Scam’: Bombay HC Exposes ₹50 Cr Fraud in NSEL Land Auction

In a landmark ruling, Bombay HC has termed the 2020 auction of NSEL-attached land a “scam within a scam”. A 35-acre Haryana plot valued at ₹60 crore was sold for just ₹10 crore amid rigged valuation, fake publicity and collusion. Court orders fresh transparent auction and returns buyer’s money.

Rahul Vaidya Purchases ₹9 Crore Luxury Apartment in Mumbai’s Bandra West

Rahul Vaidya, the Indian Idol Season 1 runner-up, has bought a ₹9 crore apartment in Mumbai’s Bandra West. Located in the exclusive DLH Signature project, the 3,110 sq. ft. residence is part of a growing trend of celebrity real estate investments in the area.
Runwal Enterprises has launched Altitude, the final 306-metre tower at 7 Mahalaxmi in South Mumbai, offering exclusive 3, 4 and 5-BHK residences with world-class amenities and IGBC Platinum certification.

Runwal Launches Altitude, Final 306m Tower at 7 Mahalaxmi in South Mumbai

Runwal Enterprises has launched Altitude, the final 306-metre tower at 7 Mahalaxmi in South Mumbai, offering exclusive 3, 4 and 5-BHK residences with world-class amenities and IGBC Platinum certification.
MahaREAT has ruled that homebuyers who file civil suits first for possession and interest cannot later file RERA complaints for identical reliefs, dismissing RERA complaints as non-maintainable due to forum shopping.

Landmark MahaRERA Tribunal Ruling: Homebuyers Can Claim Interest on Delay Even After Taking Possession

In a landmark December 16, 2025 ruling, the MahaRERA Tribunal held that homebuyers can claim interest for delayed possession even after taking possession, while also ruling that successor builders inherit all project liabilities under RERA.