The Maharashtra Real Estate Regulatory Authority (MahaRERA) has directed Caroa Properties LLP, the promoter of “The Highlands, Godrej City, Panvel” (MahaRERA Registration No. P52000026790), to refund ₹3,73,531 to a homebuyer while dismissing another complaint challenging specific clauses in the Agreement for Sale.
In a detailed final order dated 18 May 2026 passed by Member II Ravindra Deshpande, MahaRERA disposed of two complaints filed against the promoter and other respondents.
Case 1: Partial Refund Allowed (CC006000000209849)
Complainant: Bharat Babu Ishwar Peta Booking: Flat No. 3604, Tower-4 on 21 September 2021 Amount Paid: ₹5,00,000 (booking amount)
The complainant cancelled the booking within 16–18 days citing inability to secure a home loan. He claimed the promoter had advertised a “pre-launch refundable booking” and sought full refund with interest.
MahaRERA observed that the cancellation was on personal grounds and not due to any fault of the promoter. However, noting that the Application Form was not countersigned by the promoter and the cancellation occurred at a very early stage, the Authority held that full forfeiture of ₹5 lakh was not justified.
Ruling: Applying MahaRERA Order No. 60/2024, the promoter was allowed to forfeit 1% of the total consideration (₹1,26,46,880), i.e., ₹1,26,469. The promoter must refund the balance ₹3,73,531 within 45 days from the date of the order without interest. In case of delay, interest at SBI’s Highest Marginal Cost of Lending Rate + 2% p.a. shall apply. No costs were awarded.
Case 2: Complaint Dismissed (CC006000000198880)
Complainants: Manoj Agiwal & Nutan Lohia Booking: Flat No. 1905, Tower-1 in March 2021 Amount Paid: ₹4,27,590 + ₹1,57,100 (stamp duty & registration)
The complainants challenged four clauses in the draft Agreement for Sale — primarily Clause 4.1(iv) (payment milestones), Clause 28 (transfer/NOC charges of ₹2,422 per sq.mtr.), Clause 30.8, and Clause 31 (area variation).
MahaRERA noted that three of the clauses were already addressed by the promoter. On Clause 28, the Authority held that it was not among the non-negotiable clauses declared by MahaRERA (Orders 38/2022, 54/2024, 57/2024, etc.) and was a standard administrative charge. The complainants had also shown inconsistency by withdrawing and re-joining the transaction.
Ruling: The entire complaint was rejected. The Authority held that no violation of the Real Estate (Regulation and Development) Act, 2016 was established.
Key Observations by MahaRERA
- The promoter’s reliance on clauses in the Application Form and MahaRERA-approved model Agreement for Sale was upheld in the second case.
- Early cancellations before Agreement for Sale execution are governed by MahaRERA’s forfeiture guidelines.
- Homebuyers must act consistently and cannot indefinitely challenge standard clauses after booking.
The order underscores MahaRERA’s balanced approach — protecting genuine homebuyer interests in early-stage cancellations while upholding the sanctity of promoter agreements that comply with regulatory norms.
Also Read: MahaRERA Orders Refund Paid for Seven Flats in Godrej RKS Project
