In a significant ruling that reinforces strict adherence to timelines under the Real Estate (Regulation and Development) Act, the Maharashtra Real Estate Regulatory Authority (MahaRERA) has dismissed six review applications filed by CCI Projects Private Limited, the promoter of the Wintergreen project in Mumbai.
Chairperson Manoj Saunik, in an order dated 23 July 2026, held that the maternity leave of one legal executive of the company cannot be accepted as “sufficient cause” to condone a delay of approximately 136 days in filing the review petitions. The Authority made it clear that the statutory 45-day limitation period is not flexible, particularly for large developers.
Project and Background
The Wintergreen project is registered with MahaRERA under registration number P51800003067. Several homebuyers who had booked flats in 2016 filed complaints seeking interest for delayed possession under Section 18 of the RERA Act.
MahaRERA had earlier allowed the complaints and passed orders in favour of the allottees — five orders on 27 November 2025 and one order on 11 December 2025. These orders directed the promoter to pay interest for the period of delay in handing over possession.
CCI Projects then filed six separate review applications on 27 May 2026 seeking to set aside the original orders and also praying for a stay on their implementation.
The Delay and the Explanation Offered
Under Regulation 36 of the Maharashtra Real Estate Regulatory Authority (General) Regulations, 2017, any person aggrieved by an order of the Authority can file a review application within 45 days from the date of the order. The grounds for review are limited: discovery of new and important evidence that could not be produced earlier despite due diligence, an error apparent on the face of the record, or any other sufficient reason.
In this case, the review applications were filed nearly three months beyond the prescribed 45-day period. CCI Projects attributed the delay to the maternity leave of its Legal Executive, Ms Riddhi Shah, who had been handling the original complaints and around 91 connected matters of the same project. The company stated that she proceeded on maternity leave from 1 December 2025 and the officer who took over needed time to understand the files, obtain instructions and finalise the review applications.
MahaRERA’s Findings
The Authority rejected the explanation. It observed that internal administrative issues or the maternity leave of a single employee cannot constitute sufficient cause for such a long delay, especially when the promoter is a large developer represented by experienced advocates and is already contesting a large number of similar cases.
MahaRERA further held that even on merits, the review applications merely sought re-appreciation of the same facts and arguments that had already been considered and rejected in the original orders. These included claims of force majeure events such as sand scarcity, the 2012 fungible FSI notification, funding issues, COVID-19, contractual extension clauses, and the fact that buyers had eventually taken possession after the Occupation Certificate was issued in April 2021.
The Authority reiterated that the scope of review jurisdiction is narrow and cannot be used as a substitute for an appeal or as a second opportunity to argue the same points.
Consequently, all six review applications were dismissed. No costs were imposed.
Implications
With the reviews dismissed, the original MahaRERA orders granting interest for delayed possession to the homebuyers now stand. The promoter will have to either comply with those orders or challenge them before the Maharashtra Real Estate Appellate Tribunal, subject to the limitation period applicable for appeals.
The ruling sends a clear message to the real estate industry: the 45-day window for filing a review before MahaRERA will be strictly enforced. Personal or internal difficulties of the promoter’s staff will rarely be accepted as sufficient justification once the limitation period has expired and rights have crystallised in favour of homebuyers.
