Omkar 1973: Builder Delayed Possession, MahaRERA Denied Interest & Cut 2%; Tribunal Grants Full Refund + Interest

In a landmark ruling, the Maharashtra Real Estate Appellate Tribunal has directed Omkar Realtors to refund ₹7.69 crore plus interest from 2016 to a family for a flat in the stalled Omkar 1973 project, overturning MahaRERA’s order that denied interest and allowed a 2% deduction.

MahaRERA Orders Kolte-Patil Developers to Pay Interest for Delayed Possession in Vile Parle Redevelopment Project

MahaRERA has partly allowed a complaint by Manohar Shetty and Lalita M. Shetty against Kolte-Patil Developers, ordering payment of interest at SBI’s highest MCLR + 2% for the delay in handing over possession of a flat in the Jai Vijay redevelopment project from October 2019 to March 2020. The ruling underscores that contractual possession dates bind promoters despite project extensions or external delays.

Homebuyers Lose Right to Compensation & Rent Refund Once They Accept Delayed Possession

“Once you take possession, you can get interest for the delay — but not compensation for mental harassment or rent paid elsewhere. That’s the clear message from the Maharashtra Real Estate Appellate Tribunal in a landmark Thane homebuyer case.”

Homebuyers Are Vulnerable, Developers Not on Equal Footing: Bombay High Court

In a powerful pro-homebuyer verdict, the Bombay High Court has held that allottees are “generally very vulnerable” and cannot be placed on equal footing with promoters, clearing the way for withdrawal of deposited refund amounts during developer appeals.

Date of Possession is Sacrosanct: Tribunal Slams MahaRERA for Illegally Altering Agreed Timeline

In a major victory for homebuyers, MahaREAT has overturned MahaRERA’s order in the Cavansite project case, ruling that the possession date in a registered agreement is sacrosanct and cannot be changed by any authority without mutual consent.