In a stern reminder to every homebuyer in Maharashtra, MahaRERA has dismissed a complaint in which a partnership firm paid the entire ₹1.38 crore for three premium 2BHK flats in Kurla’s “Ramkrishna Heights” project – yet walked away with nothing. The Authority ruled that because the money was routed to a different company instead of the RERA-registered promoter’s account, the buyer never became a legal “allottee” under the Real Estate (Regulation and Development) Act, 2016.
The final order, pronounced by Member II Ravindra Deshpande on 10 March 2026 in Complaint No. CC006000000194668, has sent ripples through Mumbai’s real-estate circles. It underscores a hard legal truth: paying full consideration does not automatically give you rights if the payment does not reach the promoter’s designated bank account.
The Case in Brief
Complainant A.K. Enterprises claimed it was allotted Flat Nos. 801, 802 and 804 (8th floor) in the project “Ramkrishna Heights” (MahaRERA Registration No. P51800005327) at LBS Marg (West), Kurla, via three allotment letters dated 22 March 2013. The firm said it paid the full amount – ₹53.20 lakh for Flat 801, ₹38.25 lakh for Flat 802 and ₹46.55 lakh for Flat 804 – totalling ₹1.38 crore.
Despite the payment, the developer never executed registered Agreements for Sale nor handed over possession. The complainant approached MahaRERA seeking directions to the promoter, M/s. Pooja Enterprises and its partners, to register the agreements and deliver vacant possession within four weeks.
Developer’s Strong Defence
Pooja Enterprises (Respondent No. 1) and its partners (Respondents 2 to 7) flatly denied the claim. They told MahaRERA that:
- The project is fully completed, Occupation Certificate was received, and the society was registered on 29 June 2022.
- All flats, including the three in question, were sold to genuine third-party buyers through registered sale deeds in 2017 (dated 23.03.2017, 21.03.2017 and 23.05.2017) and possession handed over.
- No money was ever received in the promoter’s bank account from A.K. Enterprises.
- The complainant is not an allottee at all.
The Fatal Flaw That Cost the Buyer Everything
The turning point came when the complainant itself admitted in its rejoinder that the ₹1.38 crore was paid not to M/s. Pooja Enterprises (the RERA-registered promoter) but to M/s. Spaceline Realtors Pvt. Ltd., a separate private company. The buyer argued that some partners of the promoter firm were “associated” with Spaceline.
MahaRERA rejected this argument outright.
In a detailed 6-page order, Member Deshpande held:
“Payments made to third parties or to entities other than the registered promoter cannot automatically create rights of allotment in a RERA-registered project… Such an arrangement cannot bind the registered promoter unless it is demonstrated that the amount was actually received by or on behalf of the promoter.”
The Authority noted that:
- There were no bank entries, receipts or books of accounts of the promoter showing receipt of the money.
- Allotment letters dated 2013 do not constitute a registered Agreement for Sale as mandatorily required under Section 13 of the RERA Act.
- The three flats had already been legitimately transferred to other buyers via registered deeds years ago.
Consequently, the complainant failed to prove it was an “allottee” under Section 2(d) of the RERA Act. The complaint was dismissed with no order as to costs.
Why This Order Is a Wake-Up Call for Every Homebuyer
Maharashtra saw a massive 81% jump in homebuyer complaints in 2025 (6,945 cases disposed). This ruling comes at a time when buyers are increasingly routing payments through “convenient” channels – partners’ accounts, marketing companies, or group entities – to save on documentation or on the advice of middlemen.
MahaRERA has repeatedly emphasised that the promoter’s designated RERA project bank account is sacrosanct. Seventy per cent of buyer funds must flow into this escrow-like account and can be used only for project costs. Paying anywhere else breaks the legal chain.
Legal experts say the order reinforces three iron-clad rules:
- Money must reach the promoter – not a related company, not a partner personally.
- Registered Agreement for Sale is non-negotiable – allotment letters alone give no enforceable rights.
- Third-party rights created later are protected – once flats are sold and registered to genuine buyers, courts will not disturb them.
What Buyers Must Do Now
Real-estate lawyers advise every prospective buyer to:
- Verify the exact name of the RERA-registered promoter and project number on the MahaRERA portal before paying even a rupee.
- Insist on the promoter’s designated project bank account details (mentioned in the allotment letter and Agreement for Sale).
- Never exceed 10% advance without a registered Agreement for Sale.
- Demand official receipts issued only in the promoter’s name.
- Avoid “pay to this account for convenience” requests.
A senior RERA practitioner in Mumbai told this newspaper: “This order is not against buyers – it is for them. It protects the sanctity of the RERA ecosystem so that genuine allottees are not cheated by clever routing of funds.”
The complainant may still pursue civil remedies against Spaceline Realtors or the individual partners, but under RERA its claim against the project promoter stands extinguished.
In an era when homebuyers are fighting hard for timely possession and refunds, this March 2026 order stands as a crystal-clear warning: the path to legal protection under RERA runs only through the promoter’s official account.
The message is loud and simple: Pay to the right account – or risk losing everything.
Also Read: Homebuyer Loses Flat, Payment Forfeited After Ignoring MahaRERA Order to Clear Dues
