In a significant ruling that could have wide-ranging implications for the real estate brokerage community, the Maharashtra Real Estate Regulatory Authority (MahaRERA) has dismissed a complaint filed by a registered real estate agent seeking 2% brokerage commission from a prominent developer.
Member Mahesh Pathak pronounced the final order on May 22, 2026, in Complaint No. CC12504293, rejecting the claim made by Premji Anandji Rambhia against Arkade Developers Limited (formerly Arkade Developers Private Limited) in the “Arkade Aura” project at Santacruz West, Mumbai.
Case Details
Rambhia, a RERA-registered real estate agent, claimed he had introduced buyers Mr. Suresh Visaria and Mr. Kunal Visaria to the Arkade Aura project as early as 2023. He stated that he had been accompanying the clients and their family members for multiple site visits over two years. In September 2025, he allegedly showed them a 4 BHK flat (Unit C-701), shared the floor plan, and discussed pricing details.
According to the complainant, the buyers later finalized the purchase of the same flat through a third-party referrer, Mr. Shrikant Prasad (a society member), allegedly to avoid paying him the standard 2% brokerage. Rambhia argued that since Shrikant Prasad was not a registered RERA agent, the developer should still pay him the commission. He sought 2% brokerage along with interest.
Arkade Developers strongly denied the allegations. The company stated that while Rambhia had shown the buyers a different 3 BHK + 3 BHK jodi flat earlier, he had no role in the final transaction of the 4 BHK unit. The company maintained that the successful deal was completed through a valid member referral recorded in their register, and the complainant had neither tagged the clients for this specific flat nor participated in the final negotiations.
MahaRERA’s Ruling
After hearing both parties, MahaRERA dismissed the complaint, observing the following key points:
- There was no written brokerage or commission agreement between the agent and the developer specifying the rate, conditions, or obligations.
- The dispute involved complex factual questions — including the agent’s actual role in the specific transaction, oral understandings, market practices, and alleged collusion — which require detailed evidence and cross-examination.
- Such matters fall outside the summary jurisdiction of RERA, which primarily regulates the relationship between promoters and allottees.
- Brokerage disputes are essentially contractual and civil in nature and should be adjudicated before a competent Civil Court.
The Authority explicitly noted that the complainant failed to establish any contractual entitlement to brokerage under RERA provisions. However, it granted liberty to Rambhia to approach the appropriate Civil Court if he wishes to pursue the matter further.
Implications for Real Estate Agents Registered with RERA
This order sends a clear message to thousands of RERA-registered real estate agents across Maharashtra:
- Written Agreements are Crucial: Oral understandings or “market practice” claims are unlikely to be accepted by RERA. Agents should execute formal brokerage agreements with developers specifying commission rates and conditions.
- Proper Tagging & Documentation: Agents must strictly follow internal tagging procedures and maintain proof of their involvement (site visits, communications, floor plan sharing, etc.) for every specific unit.
- Limited RERA Protection: RERA will not act as a recovery forum for brokerage disputes. Agents now have reduced leverage when dealing with powerful developers in commission-related conflicts.
- Shift to Civil Courts: Pursuing such claims in civil courts will involve higher costs, longer timelines, and more rigorous evidentiary standards, which may discourage smaller agents from fighting big developers.
- Industry Practice Under Scanner: Developers may now be more confident in using internal referral schemes or unregistered referrers, knowing that RERA is unlikely to intervene in brokerage battles.
Legal experts believe this ruling will encourage both developers and agents to formalize their relationships through clear agreements and could lead to fewer frivolous RERA complaints on brokerage matters going forward.
Also Read: Results of 5th Real Estate Agents Examination Released
