The Maharashtra Real Estate Regulatory Authority (MahaRERA) has dismissed a complaint filed by two homebuyers seeking a refund from the developer Blue Baron Realtors, ruling that they forfeited their right to claim compensation after voluntarily relinquishing the property to their lender due to financial distress.
The case pertained to the Zeal Regency project (MahaRERA Registration No. P99000003182), which has remained incomplete despite multiple deadline extensions. The complainants, Heena Dinesh Padaya and Santosh Govind Rathod, had purchased Flat No. 809 in C Wing for ₹29 lakh, financing it through IIFL Finance Limited.
Why MahaRERA Rejected Their Complaint:
- The complainants, unable to repay their home loan, signed a surrender letter in February 2023, handing over all rights to the flat to IIFL.
- IIFL later auctioned the flat in March 2024 and sold it to Lal Bahadur Maurya.
- Since the complainants had willingly relinquished ownership, MahaRERA ruled that they were no longer legally recognized as allottees under the Real Estate (Regulation and Development) Act, 2016 (RERA).
- As per RERA, only current allottees or aggrieved parties can seek relief from a developer, making their refund request invalid.
MahaRERA’s Verdict:
MahaRERA Chairperson Manoj Saunik stated that by surrendering their rights to the lender, the complainants ceased to have any legal claim over the flat. With ownership transferred to a new buyer, their demand for a refund from the developer was deemed non-maintainable, leading to the complaint’s dismissal.
What This Means for Homebuyers:
This ruling serves as a crucial reminder for homebuyers facing financial difficulties. Once a property is surrendered to a lender and auctioned, the original buyer loses all rights to claim refunds or compensation from the developer. Legal experts advise homebuyers to carefully assess their options before giving up ownership to financial institutions.
Also Read: MahaRERA says only trained and certified agents to operate in the real estate sector
