The common judgment, delivered on 9th April 2026 by Member (Judicial) Shri Shriram R. Jagtap and Member (Administrative) Dr. Rajagopal Devara, allows two appeals filed by Mr. Pankaj Mohan (aged 50) and Mrs. Sudha Agarwal (aged 46), residents of Vishnu Shivam Towers, Thakur Village, Kandivali East.

Case Background

The couple had jointly booked two flats — Flat No. 36-A and 36-B — in the Winter Green wing of Rivali Park through letters of allotment dated 28 April 2012. The promoter had promised possession within 48 months plus 6 months grace period from the commencement of construction (30 June 2011), meaning the original deadline was 31 December 2015.

The allottees paid approximately 90% of the consideration value — ₹1,32,33,859 out of ₹1,39,75,566 per flat. However, possession was not delivered on time. The project, which was ongoing when RERA came into force in 2017, was registered with MahaRERA with a revised completion date of December 2019. The promoter eventually obtained the Occupation Certificate on 7 April 2021, and the allottees took physical possession on 17 May 2021 after executing sale agreements in December 2020.

Aggrieved by the prolonged delay, the homebuyers filed complaints before MahaRERA seeking two main reliefs:

• Direction to execute and register Agreements for Sale.
• Payment of interest/compensation for delayed possession under Section 18 of the RERA Act.

The MahaRERA Order Dated 3 April 2023

On 3rd April 2023, MahaRERA passed a common order in Complaint Nos. CC006000000055723 of 2023 and CC009000000055728 of 2023. The Authority largely rejected the buyers’ claim for delay interest. It appeared to accept the promoter’s defence that the allottees had acquiesced to the delays by continuing to make payments without strong protests and by not objecting promptly to revised timelines communicated via letters in 2015 and 2017.

MahaRERA gave credence to the promoter’s explanations for the delay, including changes in Development Control Regulations (DCR), funding issues with lender Indiabulls Finance, sand scarcity, and the impact of the Covid-19 pandemic. As a result, no interest was awarded to the buyers.

MREAT’s Ruling in Favour of Homebuyers

The allottees challenged the MahaRERA order before the Appellate Tribunal in Appeal Nos. AT006000000154496 of 2023 and AT006000000154497 of 2023, represented by Adv. Manan Sharma. The promoter was represented by Adv. Abir Patel.

In a detailed 24-page common judgment, the Tribunal held that:

• The promoter cannot unilaterally revise possession dates through letters. The dates mentioned in the 2012 allotment letters are binding unless mutually agreed upon in writing by both parties.
• Continued payments or silence by the allottees does not amount to waiver of their right to claim interest under Section 18 of RERA. They never expressly consented to the extensions.
• The promoter’s force majeure excuses (DCR changes, financial crisis with Indiabulls, sand scarcity, and Covid-19) were not sustainable. Covid-19 occurred much after the original 2015 and even the RERA-registered 2019 deadlines.
• Relying on the Supreme Court’s judgment in Newtech Promoters and Developers Pvt. Ltd. vs. State of Uttar Pradesh (2021), the Tribunal reiterated that if the delay is not attributable to the allottee, they have an unqualified right to interest for delayed possession, regardless of external factors.

The Tribunal observed that the allottees had paid nearly the entire amount without default and had even inquired about compensation via email in 2015, showing they did not relinquish their rights.

Final Directions by MREAT

The Appellate Tribunal allowed both appeals and directed CCI Projects Pvt. Ltd. to:

• Pay interest to the allottees on the amounts paid at State Bank of India’s highest Marginal Cost of Lending Rate (MCLR) + 2% per annum, from 1 January 2016 till 17 May 2021 (date of possession).
• Pay costs of ₹10,000 in each appeal.

All pending miscellaneous applications were disposed of.

This ruling reinforces the strong buyer-protection provisions under RERA and sends a clear message that promoters cannot escape liability for delayed possession through unilateral extensions or general excuses.

The dispute is part of a series of cases involving the Rivali Park (Winter Green) project, where multiple homebuyers have approached authorities over delays and related issues.

Also Read: Developers With Incomplete RERA Applications Asked to Reapply After MahaRERA Closes Old Portal Cases

The post MahaRERA Order Overturned: Homebuyers Win Delay Interest from CCI Projects in Rivali Park’s Winter Green Project appeared first on Square Feat India.

This principle was upheld in a December 23, 2025 order by MahaRERA Member II, Ravindra Deshpande, in the case of Rakesh Tailor & Anju Tailor vs. Virendra H. Doshi (successor to Dhanesh Builder). The decision rejects builders’ attempts to rely on COVID-19 extensions for escaping liability, emphasizing that buyers’ contractual rights remain absolute.

The Case Background

The complainants booked a flat in the “Siddharth Nagar Sukhvilla CHS Ltd. Phase-2” project in Goregaon West, Mumbai (MahaRERA No. P51800021400) for ₹1.71 crore. The registered Agreement for Sale, executed on December 21, 2020, explicitly promised possession by September 30, 2021.

Despite this, the Occupancy Certificate (OC) was obtained only on July 28, 2022, and possession handed over on August 1, 2022—resulting in a delay of nearly 10 months. The buyers filed a complaint seeking interest under Section 18 of RERA for the delay period.

The original promoter passed away in 2022, and the proprietorship devolved to his brother, the respondent.

Builder’s Defence: COVID Extensions and Force Majeure

The builder argued no liability for delay, citing:

• The COVID-19 pandemic as a force majeure event under Clause 10 of the agreement.
• MahaRERA circulars (e.g., from 2020) granting automatic 6-9 month extensions to project timelines, deeming possession dates extended accordingly.
• The project’s revised completion date on the portal as September 30, 2022.

They claimed the construction finished by March 2022 and OC by July 2022 fell within the extended timeline.

MahaRERA’s Key Findings

MahaRERA partly allowed the complaint, directing the builder to pay interest, while rejecting the COVID defence:

• The agreement was signed in December 2020, post the initial COVID waves, so the builder should have factored in ongoing challenges when committing to September 30, 2021.
• MahaRERA’s COVID moratorium on interest (Order No. 14) covered only March 15, 2020 to September 14, 2020—not the post-2021 delay here.
• Extensions applied to overall project registration dates but do not override individual possession commitments in Agreements for Sale.
• Citing the Bombay High Court’s ruling in Neelkamal Realtors Suburban Pvt. Ltd. vs. Union of India (2017), MahaRERA held that the right to delay interest is “unconditional and absolute,” regardless of unforeseen events or portal extensions.

Interest was awarded only on ₹1.21 crore (amount paid by the agreed possession date), from October 1, 2021 to July 28, 2022, at the prescribed rate: SBI’s highest Marginal Cost of Lending Rate (MCLR) + 2% (currently around 10.70-10.80% based on latest SBI rates effective December 15, 2025).

Implications for Homebuyers and Builders

This order sends a strong message:

• For Buyers: Scrutinize the possession date in your registered Agreement for Sale—it’s binding and protects you from unilateral extensions.
• For Builders: Cannot hide behind portal revisions or past pandemics if the individual contract specifies an earlier date. Due diligence in committing timelines is crucial.
• Broader Impact: Reinforces Section 18 of RERA, making delay compensation near-automatic if buyers opt to stay in the project.

With SBI’s current highest MCLR at approximately 8.80% (three-year tenor as of December 2025), the effective interest rate stands over 10%, providing substantial relief amid rising loan costs.

Conclusion

As India’s real estate sector matures under RERA, rulings like this prioritize contractual certainty and buyer rights. Homebuyers facing delays should promptly approach MahaRERA—evidence of the agreed date often seals the case.

Also Read: MahaRERA Orders Full Refund with Interest to Homebuyer for Possession Delay

The post Individual Agreement Possession Dates Prevail Over Extended RERA Project Timelines for Calculating Delay Interest appeared first on Square Feat India.