Browsing Tag

MahaRERA

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In a landmark decision, the Maharashtra Real Estate Appellate Tribunal ruled that developers cannot cancel registered sale agreements merely because of delayed payments — a major win for Indian homebuyers and a strong reinforcement of legal protections under RERA and property law.

“Justice Over Technicalities”: Tribunal Condones Delay, Admits Ruparel Ariana Buyers’ Appeal

In a major relief for Ruparel Ariana homebuyers, the Maharashtra Real Estate Appellate Tribunal condoned a 394-day delay in filing their appeal, emphasizing that “substantial justice must prevail over technical considerations.” The Tribunal admitted the plea on condition that the buyers pay ₹25,000 to the developer, citing their good faith in pursuing earlier remedies without mala fide intent.
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.

MahaRERA Tribunal Slams Developer: No Proof of Homebuyer Consent for Porject Delays

In a significant win for homebuyers, the Maharashtra Real Estate Appellate Tribunal on July 9, 2025, rejected developer Joy Homecreation Limited’s claim that allottees consented to project delays for “Joys Adinath Tower-II.” The Tribunal found no documentary proof of such consent and ordered the promoter to pay interest immediately for delayed possession, overriding a previous MahaRERA order.
In a blow to real estate borrowers, the Bombay High Court has ruled that a single mortgage securing multiple loans counts as separate transactions, forcing Mumbai developer Neepa Real Estates to pay an extra ₹72 lakh in stamp duty and penalties on ₹625 crore worth of loans.

Homebuyer Wins Relief: Developer Ordered to Fix Structural Issues in Flat

A Mumbai homebuyer, Palvinder Singh, has secured a partial victory against developer Mohan Lifespaces LLP, with MahaRERA ordering the rectification of structural defects in his flat. While a refund request was denied due to the timely issuance of the Occupancy Certificate and delayed possession by the buyer, the Authority mandated the developer to fix issues like wall cracks and tile problems within 30 days, upholding Section 14(3) of the RERA Act.
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.

Developer Faces Property Attachment for Ignoring MahaRERA Payment Order

In a major win for homebuyers, the Mumbai Collector has issued a notice to attach and auction the properties of Desai Residency Pvt. Ltd. for ignoring a MahaRERA compensation order. Under Section 267 of the Maharashtra Land Revenue Code, authorities can seize movable and immovable assets to recover over ₹42 lakh in dues.
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.

MahaRERA Orders Full Refund with Interest to Homebuyer for Possession Delay

In a significant win for homebuyers, MahaRERA has ruled in favor of a complainant against Viijcon Properties for failing to deliver possession in the Viijcon Cellandine project. The authority ordered a full refund with interest, while dismissing three other complaints due to lack of valid promoter-allottee relationships or incomplete documentation.