In a significant order reinforcing homebuyer rights under the Real Estate (Regulation and Development) Act, 2016, the Maharashtra Real Estate Regulatory Authority (MahaRERA) has held M/s Reliable Builders & Developers and its associated entities liable for delayed possession in the residential project “Gulraj Trinity” located at Goregaon (West), Mumbai.
While two complaints were dismissed, MahaRERA allowed 15 complaints, directing the developer to pay interest for delayed possession and to hand over flats along with the Occupancy Certificate (OC), where applicable.
The order was passed by MahaRERA Chairperson Manoj Saunik on December 26, 2025, following a common hearing of 17 connected complaints.
Background of the Case
The complaints were filed by 17 individual homebuyers against M/s Reliable Builders & Developers, along with its directors and associate firms including Orchid Buildcon Pvt. Ltd., in respect of the project Gulraj Trinity (MahaRERA Registration No. P51800005013).
As per the MahaRERA portal, the project was originally scheduled for completion by July 31, 2019, later revised to June 30, 2021, and further extended to December 31, 2025. Despite multiple extensions, the project has not received its Occupancy Certificate till date.
What Homebuyers Alleged
Homebuyers who had executed registered Agreements for Sale alleged that:
- Possession was contractually due on or before December 31, 2020
- Substantial consideration amounts were paid
- Several buyers were servicing home loans and pre-EMIs
- Construction remained stalled or severely delayed
- Extensions were uploaded on the MahaRERA portal without buyer consent
Some buyers also alleged violations of Sections 11, 12, 18 and 19 of RERA, including lack of transparency and unilateral changes.
Developer’s Defence
The developer argued that:
- Delays were caused by force majeure events, including a stop-work notice by the Slum Rehabilitation Authority (SRA) issued in August 2022
- COVID-19 disruptions and labour shortages affected construction
- MahaRERA’s COVID-related statutory moratorium extensions applied to the project
- Certain buyers were in payment default, disentitling them from relief
Two Complaints Dismissed at Booking Stage
MahaRERA dismissed complaints at Sr. Nos. 1 and 2, noting that:
- Both buyers had booked flats at the Expression of Interest (EOI) stage
- No registered Agreement for Sale was executed
- The complainants themselves sought cancellation or failed to adhere to payment schedules
- Forfeiture of booking amounts was in accordance with EOI terms
The Authority held that no illegality or arbitrariness could be attributed to the developer in these cases.
MahaRERA Allows 15 Complaints, Finds Developer in Default
For the remaining 15 complaints, MahaRERA found that:
- Valid registered Agreements for Sale existed
- Possession timelines had lapsed
- The project still lacked an Occupancy Certificate
- The developer failed to justify delays beyond limited statutory moratorium periods
The Authority ruled that unilateral extensions on the MahaRERA portal cannot override contractual and statutory rights of allottees.
Interest for Delayed Possession Ordered
MahaRERA directed the developer to pay interest for delayed possession to eligible homebuyers:
- Interest to be calculated from January 1, 2021 (or the contractual possession date)
- Payable till actual handover of possession with Occupancy Certificate
- At the rate prescribed under Rule 18 of Maharashtra RERA Rules (SBI MCLR + 2%)
Interest arrears are to be adjusted against any outstanding dues, with the balance payable in one instalment.
Direction to Hand Over Possession
In one case, MahaRERA issued a specific direction to immediately hand over possession of the flat along with OC.
For other complainants, possession is to be handed over upon completion, subject to payment adjustments.
Compensation Claims Kept Open
MahaRERA clarified that:
- Certain homebuyers are at liberty to approach the Adjudicating Officer
- This is limited to quantification of compensation under Section 71 of RERA
- No compensation was quantified in the present order
Key Takeaway for Homebuyers
The order reiterates a settled RERA principle:
Promoters cannot indefinitely delay possession by repeatedly extending timelines on the MahaRERA portal. Where possession is delayed beyond the contractual date, allottees are entitled to interest under Section 18 of RERA.
Why This Order Matters
- Reinforces buyer protection in delayed real estate projects
- Clarifies limits of force majeure and statutory extensions
- Affirms that registered agreements prevail over portal updates
- Provides relief to multiple buyers in a single consolidated order
Also Read: MahaRERA Orders Full Refund with Interest to Homebuyer for Possession Delay
