The Maharashtra Real Estate Appellate Tribunal delivered its verdict on 17th October 2025, dismissing the buyers’ appeal not because they missed payments (though they did), but because they tried to expand their claim mid-way through the legal process. This ruling sends a clear message to lakhs of homebuyers across India: file your full grievance at the first instance — or risk losing it forever.

A Dream Delayed: The Story of Flat No. 401

It began with hope. In October 2017, Jawahar Prasad, along with his children Ravi and Suchitra, signed the Agreement for Sale for Flat No. 401 in Wing D of PALAAZIO, a premium project on Kurla-Andheri Road. The 835.96 sq ft apartment came with a price tag of ₹1.65 crore (excluding stamp duty), and the builder promised possession by 31st December 2017.

Like many middle-class families, the Prasads paid diligently at first — ₹1.19 crore in total. But as months turned into years with no sign of the Occupation Certificate (OC), frustration grew. Construction lagged, excuses piled up, and by 2020, the flat was still unfinished.

Finally, on 14th July 2020, Spenta Builders received the OC. The next day, they emailed the buyers:

“Your flat is ready. Pay the balance ₹65.76 lakh + interest on delayed payments, and take possession.”

But the Prasads had a counter-demand. They wanted interest for the 2.5-year delay — from January 2018 to July 2020 — as allowed under Clause 9 of the Agreement and Section 18 of RERA.

A tense back-and-forth followed: letters, emails, a legal notice in August 2020. When talks failed, the family approached MahaRERA on 31st August 2020, asking for:

• Interest from 1st Jan 2018 to 15th July 2020
• Interim deposit of the same
• Costs and other reliefs

They did not ask for interest beyond July 2020.

MahaRERA’s Balanced Order: Both Sides Told to Pay Up

On 21st June 2024, MahaRERA Chairperson delivered a pragmatic order that surprised many. Despite the buyers being in default, the authority granted them interest for the delay period — from 1st Jan 2018 to 14th July 2020 — at SBI MCLR + 2%.

But there was a catch.

The buyers were directed to:

• Pay the balance ₹65.76 lakh
• Plus interest on their own delayed installments
• Within 60 days

Both parties could set off what they owed each other. If the buyers failed to pay within 30 more days, the builder could cancel the allotment under Section 11(5) of RERA.

In short: MahaRERA didn’t punish the buyers for non-payment — it gave them relief, but tied it to fulfilling their obligations.

The Fatal Mistake in Appeal

Emboldened but unsatisfied, the Prasads appealed to the Maharashtra Real Estate Appellate Tribunal. This time, they changed their demand:

“Give us interest from 1st Jan 2018… till date.”

That small phrase — “till date” — became their undoing.

The Tribunal, presided by Chairperson S.S. Shinde and Member (A) Shrikant M. Deshpande, heard arguments via video conferencing on 9th October 2025. The builder’s advocate, Sana Khan, pounced:

“They only asked for interest till 15th July 2020 in the original complaint. Now, five years later, they want it till 2025? That’s a new claim. It wasn’t pleaded, wasn’t argued, and we never got a chance to respond.”

She cited Supreme Court judgments:

• Om Prakash vs Ram Kumar (1991): You can’t get relief you never claimed
• Bhagwati Prasad vs Chandramaul (1965): No new grounds in appeal
• Bharat Amratlal Kothari (2010): Courts can’t grant unprayed relief

The buyers’ lawyer, Shashank Choudhary, argued that delays continued, so interest should too. But the Tribunal wasn’t convinced.

The Verdict: Appeal Dismissed for “Expanding Relief”

In a 19-page judgment pronounced on 17th October 2025, the Tribunal ruled:

“The appellants have enlarged the scope of relief in appeal… There are no pleadings in the complaint for interest beyond 15.07.2020. The appeal is not maintainable.”

Key reasons:

• The original complaint was filed after the OC was issued — they could’ve claimed ongoing interest then
• They never amended their plea during the MahaRERA proceedings
• Allowing new claims in appeal would prejudice the builder and violate natural justice

The appeal was dismissed with costs to be borne by each party.

What This Means for You – 5 Must-Know Rules Under RERA

1. Claim everything in your first complaint Don’t assume you can “add later.” The Tribunal made it clear: no unpleaded relief.
2. File early and update if needed If possession is delayed beyond your expected date, amend your MahaRERA complaint to extend the interest period.
3. Pay your dues — even if the builder delays Section 19(6) is strict: default weakens your case. MahaRERA still gave interest, but only up to OC date.
4. Take possession within 2 months of OC Under Section 19(10), refusal without paying balance can lead to cancellation.
5. Keep records of every payment and communication Emails, demand letters, and receipts are your shield in court.

A Cautionary Tale with a Silver Lining

The Prasads didn’t lose because they defaulted — they lost because they changed the goalpost too late. Had they asked for interest “till actual possession” in their August 2020 complaint, the outcome might have been different.

For homebuyers stuck in delayed projects, this case is both a warning and a guide:

Act fast. Document everything. And most importantly — say exactly what you want, from day one.

As Mumbai’s real estate boom continues, thousands more will face similar battles. The Tribunal’s message is loud and clear: RERA protects you — but only if you play by the rules.

Also Read: MahaRERA Appellate Tribunal Rejects Developer’s Appeal Over Delay in Filing

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Of the 628 housing projects, 312 are from the Mumbai region, 250 from the Pune region and 66 from the Nagpur region.

The Mumbai region includes Mumbai, Mumbai suburban, Thane, Nashik and Konkan. These 312 projects faced penalties totalling to Rs 54.25 lakh, of which Rs 41.50 lakh has been recovered.

Similarly, the Pune region covers Pune city, western Maharashtra and Marathwada. Here, action has been initiated against 250 projects with the consolidated penalty amount levied at Rs 28.30 lakh and Rs 24.75 lakh already recovered.

There were 66 projects in the Nagpur region comprising all the districts of Vidarbha. A total of Rs 6.35 lakh penalty was imposed on the violators and Rs 6.10 lakh has been recovered, so far.

To keep one’s investment secured, MahaRERA appeals to homebuyers not to engage in transactions with housing projects without the mandatory RERA registration number.

For effective implementation of guidelines and to identify violators, MahaRERA takes assistance from the Advertising Standards Council of India (ASCI). Advertisements are no more limited to the traditional medium. It is crucial to keep a check on the new-age formats as well. The collaboration with ASCI aims at expanding the horizons and identifying such violators in the new-age media as well as it is backed by artificial intelligence. Thus far, the collaboration has helped in zeroing in on the violators in newspapers, websites, online video streaming channels and social media. Surprisingly, what has come to light is that the rate of violation is significantly higher on social media as compared to the traditional formats of advertisements.

As per the Real Estate (Regulation and Development) Act, it is binding for any project in Maharashtra that exceeds 500 square meters or involves more than eight apartments (including plots) to be registered with MahaRERA. No marketing activities or sales in such housing projects are permitted without securing registration number  from the MahaRERA. Moreover, starting August 1, 2023, it has become mandatory for the developers to provide detailed information pertaining to the project such as project’s name, developer’s name, renewal of project’s registration, expected date of completion, registration status, pending complaints, pending litigations, any recovery warrants issued, among others. A simple scan of the project’s QR code should disclose all these  information related to the project. Despite making it mandatory to print Registration number and QR code in all publicity materials, it was observed that some developers continue to have disregard for the guideline. Hence, MahaRERA initiated suo motu action against such violators and also served them show cause notices.

With the intent of ensuring homebuyers’ investments remain secured in real estate and prevent any financial loss, the government implemented the Real Estate (Regulation and Development) Act, 2016 and established MahaRERA for effective management for the sector. MahaRERA is vigilant about fundamental issues in the sector and it is also essential for the homebuyers to be alert and law abiding. MahaRERA urges flat purchasers to invest in only those projects that are regulator approved.

Ajoy Mehta, Chairman, MahaRERA, said, “Promoters of housing projects are not permitted to advertise their projects without a MahaRERA registration number. Starting August 1, 2023, it is also mandatory to display QR code with every advertisement. This enables homebuyers to access project related important information. Despite this, some developers are violating these guidelines. Therefore, MahaRERA is always on the lookout for such advertisements and regularly initiates action against the violators. Having MahaRERA registration number is synonymous to secure investment in real estate as it instils a sense of trust among flat purchasers. Post QR code success in Maharashtra, housing regulatory authorities in other states have also made it mandatory. MahaRERA’s commitment to maintain the trust continues and will not tolerate marketing content without a registration number as well as QR code. MahaRERA will continue taking punitive action against the violators.”

Also Read: MahaRERA urges homebuyers to be cautious while investing in any of these projects

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In an attempt to ensure homebuyers get better quality homes, the Maharashtra Real Estate Regulatory Authority (MahaRERA) has floated a Draft Regulation for Project’s Quality Assurance. Through the self-certification declaration of the same, the developer will have to provide detailed information on the project’s technical aspects.

The draft has been published on MahaRERA website seeking suggestions and views. The window to share the opinions to suggestions.maharera@gmail.com is open upto May 23.

In December, MahaRERA had released a consultation paper on the measures for better quality homes and pre-empt homebuyer complaints related to defects in construction or sub-standard construction quality. Based on the information received, a fresh document has been drafted .

It is proposed that during the initial phases, abiding by the new regulations will be optional. Names of those developers voluntarily adopting the system will be put up on MahaRERA website and will assist in adding credence to their reputation towards potential homebuyers. Once the transition phase is over, it will become mandatory for all the developers to follow suit.

The Real Estate (Regulation and Development) Act, 2016 has a provision on defect liability. The law safeguards flat purchaser’s rights by making a developer accountable to rectify any structural defects, at their own expense, which are brought to the notice within the initial five years. These have to be rectified within 30 days.

While the law provides remedial measures for defect rectification, it is essential to safeguard homebuyers’ interests. Therefore, the need to have processes and standards to minimise the occurrence of defects.

The need for such a regulation arose owing to repeated discussion and concerns over construction quality delivered by the real estate sector. This will alleviate concerns about the quality of construction in the real estate sector, MahaRERA emphasises the importance of structural design and stability. Already, multiple real estate stakeholders have been consulted to put together the draft. Prior to formalising the same, suggestions and opinions have been sought.

There are several essential questions that need to be addressed on-site. Some of those include, in terms of structural design and stability, is soil testing done before the design process? Are structural engineers appointed for the project? Are all the works getting periodically certified for quality control, and is a record of this maintained on-site? Is there an on-site testing facility to inspect raw material quality? Is there regular inspection of the construction site to ensure the quality of materials like cement, concrete, steel, electrical wires, plumbing fittings, etc.? In case of a multi-storied building, is there an anti-seismic system? Is there a flood prevention system in place? Is water quality testing done for construction purposes?

For the execution of all the civil works, it is important to have engineers and contractors overseeing important aspects such as electricity, water supply and sanitation. Any negligence or laxity should not be tolerated, and meticulous attention should be paid to avoid errors and discrepancies as basic as dampness in the wall and leakages.

Furthermore, after completion of the project, details regarding fire safety, earthquake-resistant measures, and other similar matters need to be documented and certified by the project supervisor and engineers. The promoter of the project will also have to re-validate these prior to submitting the “Self-Declaration on Quality Assurance” to MahaRERA.

Also Read: MahaRERA says only trained and certified agents to operate in the real estate sector

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After the hearing, 90 cases were settled and MahaRERA fined the developers a total of 18.30 lakhs ranging from 10 thousand to 1.5 lakhs. 11.85 lakhs was recovered. This includes 52 developers from Mumbai region, 34 from Pune region and 4 from Nagpur region

MahaRERA has sent notices to 197 developers in the state who are printing advertisements of housing projects without MahaRERA number.

Of these a hearing in case of 90 developers was held by MahaRERA where fines ranging from Rs 10,000, Rs 25,000, Rs 50,000 and Rs 1.5 lakh totaling to Rs 18.30 lakh was imposed of this Rs 11.85 lakh has been recovered.

It includes 52 developers in Mumbai area, 34 in Pune area and 4 in Nagpur area. Remaining i.e. 107 developers hearing process is going on.

In the beginning, only in the Mumbai headquarters, the hearings were held in this regard. Now apart from Mumbai, inspections and hearings have also started in the regional offices of MahaRERA in Pune and Nagpur. Mumbai city, Mumbai suburbs, Konkan, Thane are included within the Mumbai area. Pune region includes the districts of Kolhapur, Solapur, Nashik, Ahmednagar while Nagpur region includes the districts of Marathwada and Vidarbha.

In these advertisement some developers in spite of MahaRERA registration number did not print it in the advertisement or it was printed in such fine print that it could not be read. It has also been pointed out that MahaRERA number is not printed in many advertisements on Facebook, online and similar social media.

It is mandatory as per RERA act, that all advertisements of MahaRERA registered projects should have the registration number allotted. Any advertisement without the registration number means a violation of the law.

The post MahaRERA fine Builders for printing ads without MahaRERA number appeared first on Square Feat India.

The 12 developers include five from Nashik, four from Aurangabad, two from Pune and one from Mumbai.

According to RERA, any project (including flats) of more than 500 square meters or 8 flats is required to be registered with MahaRERA. And without MahaRERA registration number, no developer can do any kind of advertisement of the project, registration of houses in that project, sale.

However, it has come to MahaRERA’s notice that some developers ignore this rule and print advertisements without MahaRERA registration number. It was taken seriously by MahaRERA and started sending show cause notices. So far, MahaRERA has sent such notices to 54 projects in the state. These developers were given 7 days to present their case.

MahaRERA heard 15 of these projects in the first phase and took penal action against 12 projects. 11 of these developers were fined even though they had MahaRERA registration number but did not print it in the advertisement. One developer has been fined Rs 1.5 lakh, 7 developers Rs 50,000 each and 3 developers Rs 25,000 each.

One of these developers was fined Rs 10,000 for printing his registration number in very fine print. These developers have to pay the penalty amount within 15 days and those who do not pay, they will have to pay an extra 1 thousand rupees per day for delay. Moreover after 15 days they will not be able to avail the services of MahaRERA till they pay the fine.

3 of these developers requested to change the date of hearing due to some unavoidable reason and their request was accepted. Hearings of remaining developers are also proposed soon.

Henceforth apart from advertisements in newspapers, MahaRERA will also monitor the advertisements of housing projects in various social media and penal action will be taken against developers who advertise without registration number.

In order to ensure that the home buyers and the investment in the real estate sector as a whole are safe, the government has implemented the Real Estate Act and established the MahaRERA for proper regulation of this sector. MahaRERA takes care of many fundamentals on behalf of home buyers and other investors in the sector. But consumers should also be careful to invest only in MahaRERA registered projects, it has been appealed on behalf of MahaRERA .

Also Read: MahaRERA auctions Developer’s property to repay homebuyers

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These warrants against errant developers are sent to the collector offices of the district in the state and the action is initiated accordingly.

The follow-up and monitoring initiated by MahaRERA has helped the affected home buyers in 118 cases in Mumbai city, Mumbai suburbs, Pune and Raigad districts to get compensation of around ₹100.56 crore so far.

As part of strengthening the control system, Maharera started from December to review the warrants announced from time to time. For this, reminders and request letters were sent to the 13 District Collectors of Mumbai City, Mumbai Suburb, Thane, Pune Raigad, Palghar Aurangabad, Nagpur, Nashik, Chandrapur, Sindhudurg, Satara and Ratnagiri.

Out of this, ₹413.79 crore rupees were expected to be recovered in 594 warrant cases in Mumbai city, Mumbai suburbs, Pune and Raigad collectorate. ₹100.56 crores has been recovered from 118 of these warrants in these 4 districts, bringing great relief to many affected home buyers in these areas.*

₹11.42 crore was recovered from 3 warrants instead of ₹44.92 crore from 14 warrants in Mumbai city. This amount is much higher in Mumbai suburbs ₹255.84 crore are to be received from 343 warrants ₹55.57 crore was recovered in 80 of these cases.

163 warrants worth ₹107.93 crore were issued in Pune district ₹32.76 crore have been recovered under 33 warrants. 74 warrants were issued for the recovery of ₹15.10 crore in Raigad district ₹81 lakhs have been recovered from 2 of these warrants.

Complaints of home buyers regarding non-handover of possession on time by concerned developers (builders), partial abandonment of projects, non-maintenance of prescribed quality, etc. come to MahaRERA. The respective developers are ordered to pay interest/damage compensation/refund etc. within the prescribed time frame after hearing these various forms of complaints of the home buyers properly.

The Collector’s office plays an important role in recovering the amount if the developer fails to pay the amount within the given period. Under Section 40(1) of the Immovable Property (Regulation and Development) Act, 2016, the Collector Office has the authority to recover the said recovery as arrears of land revenue as per the provisions of the Maharashtra Land Revenue Act. Therefore such warrants are sent from MahaRERA to the concerned Collectors.

Also Read: MahaRERA sends show cause notices to 19,539 Realty Projects

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This case will set a precedent, and also be a case law that will be spoken extensively in the real estate sector. The reason being, that Maharashtra Real Estate Regulatory Authority (MahaRERA) has held that a builder is responsible for representations made by a real estate agent to a homebuyer.

Earlier this month MahaRERA delivered a landmark judgement where homebuyers Aftab Shaikh and Nilofar Shaikh had approached the housing authority against, builders Glider Buildcon Realtors Private Limited and Omkar House.

There were multiple contentions of the home buyers including the one, that they invested in the property South Tower, located at Saat Rasta near Mahalaxmi station, on the representation made to them by the real estate agent that the project had a subvention scheme.

A letter of allotment was issued in August 2018 to the homebuyers for their booking of a flat measuring 1046.84 sq ft, carpet area in the building of which total consideration was above Rs 5 crore.

The homebuyers approached MahaRERA and they had many contentions, of which they mainly contended that believing the representation made to them that the said flat would be given under subvention scheme of 20:50:30 , they booked the flat, to which the developers subsequently denied by station that they cannot provide the subventions scheme. Hence, the homebuyers sought refund of the entire amount paid by them. The builder in this regard conceded that it never gave such commitment or advertisement to the homebuyers. However, the same was represented by the real estate agent.

MahaRERA noted, in the 14 page order, “Though the respondent no. 1 (Glider Buildcon) has not advertised that the project has subvention scheme, however, admittedly, the agent who acted an appointed by the respondent no. 1 has given such representation to the complainant (homebuyers). Since the agent acted on behalf of the respondent no. 1, for any such representation made by the said agent the respondent no 1 is responsible for the same. Admittedly, the respondent no. 1 has failed to provide the subvention scheme shown to the complainant.”

MahaRERA also noted that the homebuyers feel that they have been taken for a ride by the promoter, The complainants in this case are therefore entitled to seek refund for violation of RERA.

Dr Vijay Satbir Singh, Member-1, MahaRERA finally directed the builder to refund the entire amount paid by the homebuyers along with interest at the rate prescribed by RERA, i.e. Marginal Cost of Fund based Lending Rate (MCLR) of SBI plus 2% within sic months in the mitigating circumstance. The builder was also allowed to take benefits of mortarium period with regard to the payment of interest.

Adv Nilesh Gala who represented the complainants said, “The order is a landmark judgement, where promoters via their real estate agents give various commitments to flat purchasers, and thereafter promoter disowns these commitment. This order will bind the promoter who through their real estate agents make commitments Even under contract act, a principal is bound by the commitment made by the agent, this same analogy is applied by MahaRERA in this case.

Detailed emails sent to Glider Buildcon Realtors Private Limited and Omkar House got us no response.

Also Read: Maharashtra govt plans to redevelop Machchimar Nagar at Cuffe Parade

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By Varun Singh

In an interesting order passed by MahaRERA over a complaint from the homebuyer, where the builder failed to execute the original order of the authority, MahaRERA has now asked the builder to refund the entire amount paid by the homebuyer along with interest in two months time or else pay Rs 5,000 per day as penalty.

Homebuyer Vishal Raut approached MahaRERA recently against the builder Ginger Country Living Pvt Ltd for non execution of an order passed by MahaRERA in 2020.

In 2020 the homebuyer had approached MahaRERA against the builder stating that he had paid a certain amount to the developer and was now seeking refund of the amount he had paid. The project is named Ginger Hills located in Shahpur, Thane.

Raut had booked the flat in the developer’s project in the year 2013 and the allotment letter was  has issued in September 2012. The homebuyer had paid an amount of Rs 4.17 lakh in 2012, however, the builder had neither executed registered agreement for sale nor handed over possession of the apartment to him since last more than seven years. Hence he had lost faith in the builder.

During the hearing in 2020, MahaRERA directed the respondent to execute the registered agreement for sale in accordance with the
allotment letter within a period of one month. Failing which the money paid by the complainant be refunded.

In June the homebuyer again approached MahaRERA, this time for non execution of the order by the developer. While an advocate represented the homebuyer, there was no one from the developer.

MahaRERA’s Vijay Satbir Singh, while hearing the complaint finally passed an order on June 23, that directed the builder to to refund the entire amount paid by the homebuyer  towards the consideration of the flat along with  interest as prescribed under RERA within a period of 2 months failing which, the respondent shall be liable to pay penalty of Rs 5,000 per day for every day of default till actual compliance of the said order. The said penalty amount will get doubled per day after every month.

Also Read: Maharashtra govt plans to redevelop Machchimar Nagar at Cuffe Parade

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By Varun Singh

Builder was fined Rs 2 Lakh for delaying in registration by MahaRERA in September 2017. On January 29, 2020, a suo motu action was taken against the builder by MahaRERA.

The complainant is MahaRERA secretary who filed the case against the developer Ganpati Builders and Developers. The action was taken on review of the developer’s project registration. The project is named Sai Krupa located in MMR.

MahaRERA observed that the project registrations of these 23 projects had lapsed. However, none of these projects had sought or were granted any extension under the provisions of the Real Estate (Regulation and Development) Act, 2016 and the rules and regulations made thereunder.

Further the details that MahaRERA found on its website about this project registraion showed that the project was not yet completed. Moreoever, these developers had not uploaded the annual audit report and other forms that are required under provisions of RERA read with MahaRERA General Regulations, 2017.

While hearing the suo motu Complaint the developer and project professionals, associated with the project were called for the hearing. But no one appeared for the builder and project professionals, associated with the project in spite of service of notice.

According to rules, every ongoing project where the developer is selling or advertising any project, land, or plot to sell has to register the project with MahaRERA. Without a valid registration a developer cannot go ahead with the sale of his ongoing project.

“At this stage when the project regstration period has lapsed, the only way forward would be to protect the right of the allotteess (home buyers) and enable them to form an Association of Allottees, who can take an informed decision regarding carrying out the balance work to complete the project,” read the order passed by MahaRERA in the suo-motu case.

Ganpati Builders and Developers was directed to handover the list of the allottees (home buyers) along with the their contact details to all the allottees of the project, along with a copy of the suo-motu order by MahaRERA. This to enable the allottees to form an association of allottees and thereafter which the allottees can take an informed decision pertaining tot he project.

The Assocaition of Allottes can proceed under section 7 (Revocation of registration) or section 8. Section 8 states that upon lapse of the registration or on revocation of the registration, the Authority, may consult the appropriate Government to take such action as it may deem fit including the carrying out of the remaining development works by competent authority or by the association of allottees or in any other manner, as may be determined by the Authority.

MahaRERA had imposed a penalty of Rs 2 lakh on the promoter, Ganpati Builders & Developers, for delayed application for registration of their on-going Project ‘Sai Krupa”. The builder had applied for registration on 30.09.2017. Subsequently, the promotor has not only failed to pay the penalty amount in spite of continuous follow up by MahaRERA Secretariat, they have also not been able to complete the Project in the stipulated time which was 30.06.2018.

Therefore, the said penalty amount due to MaiaRERA, shall form a part of the financial blue Print to be prepared by the Association of Allottees for carrying out the balance work to complete the Project under section 8 of the Real Estate (Regulation and Development) Act, 2015.

The developer also has been restrained from creating any third Party rights against the unsold apartments in the project.

Also Read: To Protect Home Buyers, MahaRERA Takes Suo-Motu Action Against 23 Projects.

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