Browsing Tag

Delayed possession

50 posts
MahaREAT has ruled that homebuyers who file civil suits first for possession and interest cannot later file RERA complaints for identical reliefs, dismissing RERA complaints as non-maintainable due to forum shopping.

“Fit-Out Possession” Declared Legally Invalid Without OC: MahaRERA Rules in Favor of Delayed Homebuyers

In a landmark MahaRERA ruling, “fit-out possession” without OC is deemed legally invalid, holding promoters liable for delays in a Vasai housing project. Homebuyers awarded interest from Dec 2018, deferred till OC, highlighting RERA’s balance between buyer relief and project viability.
MahaREAT has ruled that homebuyers who file civil suits first for possession and interest cannot later file RERA complaints for identical reliefs, dismissing RERA complaints as non-maintainable due to forum shopping.

⚡ Builder Sold Flat… Then Mortgaged It! MahaRERA Tribunal; Says Builder Must Clear Mortgage, Give Possession & Pay Interest

MahaREAT has upheld a MahaRERA order directing Lokhandwala Kataria Construction to clear an illegal mortgage, hand over OC-backed possession, and pay delay interest to homebuyer Faisal Sabir Rashid. The builder had mortgaged the flat after selling it, violating RERA. The appellate ruling makes the 2024 order final and enforceable.
MahaRERA rules builder's one-sided termination — issued 4 years after homebuyers' complaint — cannot cancel statutory delay interest rights under RERA while project incomplete, granting interest from Jan 2022 till possession with OC in Ruparel Skygreens I case.

RERA Can’t Guarantee Delivery: MahaRERA Orders Justice After 5-Year Delay

A MahaRERA order highlights that RERA registration does not ensure timely possession. After a five-year legal fight, a homebuyer secured a refund with interest as the authority found the developer guilty of defaulting even after signing the agreement post-RERA implementation.
MahaRERA

“Because of Greed of Promoter to Construct More Floors”: RERA Tribunal Dismisses Marathon Nexzone Appeal, Upholds Interest to Buyers

Because of greed of promoter to construct more floors above the originally sanctioned 27 floors, the building could not be completed in time” — Maharashtra RERA Appellate Tribunal’s stinging remark
In a pioneering ruling, MahaREAT directs developers to repay a buyer's 2009 cash booking of ₹7.5 lakh as part of ₹15 lakh relief with interest, upholding an unregistered deal and piercing partnership defenses.

Homebuyer Awarded ₹25,000 as Builder Pays Penalty to Continue Legal Fight

In a mixed verdict for homebuyers, the Maharashtra Real Estate Appellate Tribunal has ordered a developer to pay ₹25,000 to a flat owner as a penalty for filing a late appeal. While the homebuyer gets immediate compensation, the developer now gets a second chance to fight an earlier MahaRERA order that mandated interest payments for delayed possession of a flat. The ruling highlights the long and complex legal road homebuyers often face.