In a major relief to a distressed homebuyer, the Maharashtra Real Estate Regulatory Authority (MahaRERA) has ruled against the developer of the Viijcon Cellandine project in Pune for failing to deliver possession on time. The regulatory body has ordered a full refund along with interest, marking a strong stance in favor of genuine allottees suffering from project delays.
The Project and Its Delays
The project, registered under MahaRERA No. P52100004315 by Viijcon Properties, was initially supposed to be completed by 31st December 2017. However, the developer revised the deadline to 31st January 2021, and later extended it again to 31st March 2024. As of the order date (22 May 2025), no Occupancy Certificate (OC) has been received, leaving homebuyers in limbo.
The Complaints
Four separate complaints were heard by MahaRERA in a virtual session on 24th April 2025. The complainants included individuals and one association, all of whom alleged non-delivery, non-refund, or financial loss due to delays:
- Complaint 1 – Involved a business barter for a flat against unpaid dues for construction services. It was dismissed due to absence of a clear promoter-allottee relationship and lack of documentation.
- Complaint 2 – A buyer who paid ₹7.3 lakh and never received a flat or registered agreement. This too was dismissed due to missing documents.
- Complaint 3 – An association that had lent ₹1.5 crore to the developer under a high-interest agreement (25% p.a.) and was allotted flats as collateral. MahaRERA deemed this a money lending dispute, not a homebuyer issue, and dismissed it.
- Complaint 4 – Royal Dsilva, a homebuyer who had booked a flat in October 2017, paid ₹35 lakh (funded through IndiaBulls Housing Finance), and was promised possession by 31 July 2020. The project remains incomplete, and MahaRERA ruled in his favor.
MahaRERA’s Key Observations
- The developer violated Section 18 of the RERA Act, which mandates refund with interest if possession is delayed beyond the promised date.
- The flat purchaser had submitted a registered agreement dated 08.09.2017, clearly showing the agreed possession date as 31.07.2020.
- As no OC has been issued and the project has lapsed as of 31.03.2024, the authority found the developer in breach of contract.
The Final Order for Complaint 4
- The developer must refund the entire amount paid by the complainant (excluding taxes, stamp duty, and registration fees).
- Interest will be calculated from 1st August 2020 until the date of full payment, as per Rule 18 of MahaRERA Rules.
- The amount must be paid within 60 days of the order.
- A cancellation deed for the flat must be executed within 30 days of refund.
- The developer must also apply for an extension of the project registration within 30 days, or face penalties under Section 63 of the RERA Act.
Why This Order Matters for Homebuyers
This ruling sends a strong message that:
- Delays in possession without valid reason or documentation are not tolerated.
- Homebuyers with registered agreements have clear legal recourse under Section 18 of the RERA Act.
- MahaRERA will dismiss non-genuine complaints or those outside its jurisdiction, ensuring its platform is used effectively by real allottees.
Conclusion
The MahaRERA’s decision in this case highlights the importance of documentation, timely possession, and accountability from builders. It also reaffirms the authority’s role as a pro-homebuyer watchdog, ensuring that real estate transactions in Maharashtra remain transparent and fair. Homebuyers are encouraged to maintain proper paperwork and approach MahaRERA confidently in case of genuine grievances.
Also Read: MahaRERA suspends registration of 388 developers for not providing quarterly updates
