In a significant victory for homebuyers, the Maharashtra Real Estate Appellate Tribunal (MREAT) has set aside a MahaRERA order and directed real estate developer CCI Projects Pvt. Ltd. to pay substantial delay interest to two allottees for late possession of flats in the Winter Green building of the Rivali Park project in Borivali East, Mumbai.
The common judgment, delivered on 9th April 2026 by Member (Judicial) Shri Shriram R. Jagtap and Member (Administrative) Dr. Rajagopal Devara, allows two appeals filed by Mr. Pankaj Mohan (aged 50) and Mrs. Sudha Agarwal (aged 46), residents of Vishnu Shivam Towers, Thakur Village, Kandivali East.
Case Background
The couple had jointly booked two flats — Flat No. 36-A and 36-B — in the Winter Green wing of Rivali Park through letters of allotment dated 28 April 2012. The promoter had promised possession within 48 months plus 6 months grace period from the commencement of construction (30 June 2011), meaning the original deadline was 31 December 2015.
The allottees paid approximately 90% of the consideration value — ₹1,32,33,859 out of ₹1,39,75,566 per flat. However, possession was not delivered on time. The project, which was ongoing when RERA came into force in 2017, was registered with MahaRERA with a revised completion date of December 2019. The promoter eventually obtained the Occupation Certificate on 7 April 2021, and the allottees took physical possession on 17 May 2021 after executing sale agreements in December 2020.
Aggrieved by the prolonged delay, the homebuyers filed complaints before MahaRERA seeking two main reliefs:
- Direction to execute and register Agreements for Sale.
- Payment of interest/compensation for delayed possession under Section 18 of the RERA Act.
The MahaRERA Order Dated 3 April 2023
On 3rd April 2023, MahaRERA passed a common order in Complaint Nos. CC006000000055723 of 2023 and CC009000000055728 of 2023. The Authority largely rejected the buyers’ claim for delay interest. It appeared to accept the promoter’s defence that the allottees had acquiesced to the delays by continuing to make payments without strong protests and by not objecting promptly to revised timelines communicated via letters in 2015 and 2017.
MahaRERA gave credence to the promoter’s explanations for the delay, including changes in Development Control Regulations (DCR), funding issues with lender Indiabulls Finance, sand scarcity, and the impact of the Covid-19 pandemic. As a result, no interest was awarded to the buyers.
MREAT’s Ruling in Favour of Homebuyers
The allottees challenged the MahaRERA order before the Appellate Tribunal in Appeal Nos. AT006000000154496 of 2023 and AT006000000154497 of 2023, represented by Adv. Manan Sharma. The promoter was represented by Adv. Abir Patel.
In a detailed 24-page common judgment, the Tribunal held that:
- The promoter cannot unilaterally revise possession dates through letters. The dates mentioned in the 2012 allotment letters are binding unless mutually agreed upon in writing by both parties.
- Continued payments or silence by the allottees does not amount to waiver of their right to claim interest under Section 18 of RERA. They never expressly consented to the extensions.
- The promoter’s force majeure excuses (DCR changes, financial crisis with Indiabulls, sand scarcity, and Covid-19) were not sustainable. Covid-19 occurred much after the original 2015 and even the RERA-registered 2019 deadlines.
- Relying on the Supreme Court’s judgment in Newtech Promoters and Developers Pvt. Ltd. vs. State of Uttar Pradesh (2021), the Tribunal reiterated that if the delay is not attributable to the allottee, they have an unqualified right to interest for delayed possession, regardless of external factors.
The Tribunal observed that the allottees had paid nearly the entire amount without default and had even inquired about compensation via email in 2015, showing they did not relinquish their rights.
Final Directions by MREAT
The Appellate Tribunal allowed both appeals and directed CCI Projects Pvt. Ltd. to:
- Pay interest to the allottees on the amounts paid at State Bank of India’s highest Marginal Cost of Lending Rate (MCLR) + 2% per annum, from 1 January 2016 till 17 May 2021 (date of possession).
- Pay costs of ₹10,000 in each appeal.
All pending miscellaneous applications were disposed of.
This ruling reinforces the strong buyer-protection provisions under RERA and sends a clear message that promoters cannot escape liability for delayed possession through unilateral extensions or general excuses.
The dispute is part of a series of cases involving the Rivali Park (Winter Green) project, where multiple homebuyers have approached authorities over delays and related issues.
Also Read: Developers With Incomplete RERA Applications Asked to Reapply After MahaRERA Closes Old Portal Cases
