Browsing Tag

homebuyer rights

68 posts
MahaRERA orders new developer to hand over flat and pay interest despite claiming it never received payment, holding both builders jointly liable in Mumbai Evergreen Woods case.

Booked a Flat but Didn’t Sign Agreement? MahaRERA Says Builder Can’t Keep Your Money

MahaRERA has ruled that builders cannot forfeit the entire booking amount if a homebuyer cancels before signing an agreement for sale. Allowing only a 2% deduction, the Authority reinforced consumer protection principles under RERA.
In a key February 2026 decision, MahaREAT ruled that homebuyers withdrawing from delayed projects under RERA are entitled to interest from the promoter's receipt of payments—not from later default dates—overturning a MahaRERA order in the Mullaji vs. Onyx Builders case involving stalled projects in Kurla West, Mumbai.

Don’t Book Before the Developer-Society Deal is Sealed: Khar Homebuyers Paid the Price with No Interest on Refund

In a January 2026 ruling, MahaRERA directed Parthesh Developers to refund full amounts paid by buyers Rajiv Dayal and Ashok/Jyoti Narang in the lapsed Ganga Jamna Sangam project — but without interest. The Authority cited the absence of a registered Agreement for Sale and the fact that 2010 allotment letters were issued before the 2011 redevelopment agreement, rendering transactions preliminary and ineligible for statutory interest.
India’s housing market is shifting toward bigger homes, with average apartment sizes rising 17% in two years as luxury demand surges and buyers prioritize space, lifestyle, and premium living.

Even Without Agreement for Sale, MahaRERA Can Order Refund to Prevent Injustice

MahaRERA held that even without an Agreement for Sale, it can order refund with interest, as seen in the Ajmeri Heights Andheri case involving Ajmeri Realty.
In a key ruling, MahaRERA held that even when an Agreement for Sale is silent on the possession date, the builder must hand over the flat within a reasonable period of three years from the agreement date — failing which, interest is payable for the delay period. The order in the Mauli Omkar project case awarded interest from March 2019 to April 2023 to complainant Sabirali Tufhel Shaikh.

No Possession Date in Agreement? MahaRERA Rules: Builder Must Deliver in 3 Years

In a key ruling, MahaRERA held that even when an Agreement for Sale is silent on the possession date, the builder must hand over the flat within a reasonable period of three years from the agreement date — failing which, interest is payable for the delay period. The order in the Mauli Omkar project case awarded interest from March 2019 to April 2023 to complainant Sabirali Tufhel Shaikh.
In a ruling that clarifies the scope of RERA protections, MahaRERA has held that an initial investment later converted into a registered flat purchase creates a valid allottee-promoter relationship, entitling the complainant to withdraw from a delayed project and claim full refund with interest, irrespective of COVID-related extensions.

MahaRERA Rejects Builder’s Plea to Sell Flat Before Refunding Buyer

MahaRERA has ruled that builders cannot make refunds conditional upon resale of flats. In the Viva Vishnupuram case, the Authority ordered a full refund with interest after finding a decade-long delay in handing over possession, reinforcing the unconditional rights of homebuyers under Section 18 of RERA.