The order was passed on 1 July 2026 by Member II Ravindra Deshpande in Complaint No. CC001000000080355 filed by homebuyer Narayan Kashinath Pathare against the promoter. The hearing was held through hybrid mode on 23 December 2025 and the matter was reserved for orders.

Background of the Case

The complainant booked Row House No. 33 in the MahaRERA-registered project (P51600021855) for a total consideration of ₹17,27,600 under an Agreement for Sale dated 17 December 2020. The project’s proposed completion date was 21 June 2024, and it received part occupancy certificate on 19 June 2024 (earlier part OC on 28 February 2023).

The complaint was filed on 18 October 2023 highlighting several issues, with the non-execution of the conveyance deed being the central grievance even after nearly three years.

Complainant’s Claims

Narayan Kashinath Pathare submitted:

• Possession was delayed by almost one year and given only in June 2022.
• He had to pay home loan EMIs without possession and claimed compensation for mental agony and financial loss at ₹10,000 per month from June 2021 to May 2022.
• The developer promised rent of ₹5,000 per month (total ₹60,000) but did not pay.
• No drinking water facility was provided after possession; he had to spend ₹3,000 per month for one year.
• Despite repeated requests, the conveyance deed was not executed. He demanded immediate execution without any conditions or extra cost.
• Penalty and compensation under Sections 18 and 31 of RERA.

Respondent’s Defence

The promoter, represented by CA Parnesh Lodha, argued:

• Possession was handed over on 1 June 2022, well before the agreed date of 21 June 2023 mentioned in Clause 12 of the Agreement for Sale. Hence, no delay occurred.
• The complainant had requested a kitchen trolley upgradation and owed ₹1,31,000 in outstanding payments.
• The buyer had breached the agreement terms and was providing misleading information to avoid his liabilities.

MahaRERA’s Observations and Decision

The Authority made these important findings:

• No Delay in Possession: Possession was given earlier than the contractual date. Therefore, all claims related to delay (interest, rent, mental agony) were rejected.
• Violation on Conveyance Deed: This was the key issue. Despite part occupancy certificates being issued and possession handed over, the promoter failed to execute the conveyance deed. This violated statutory obligations.
• Amenities: The promoter must provide all promised amenities, including proper drinking water supply.

Legal Provisions Explained

The order primarily rests on the following sections:

Section 11(4)(f) – Duties of the Promoter: The promoter shall execute a registered conveyance deed of the apartment/plot/building in favour of the allottee along with undivided proportionate title in the common areas.

Section 17 – Transfer of Title: The promoter must execute the registered conveyance deed and hand over possession within the period specified in sanctioned plans or local laws. In the absence of local law, it must be done within three months from the date of issue of occupancy certificate.

Section 61 – General Penalty: For contravention of any other provisions of the Act, the promoter is liable to a penalty up to 5% of the estimated cost of the project. MahaRERA imposed ₹50,000 in this case.

Final Order

A. Complaint allowed. B. Respondent directed to execute the conveyance deed forthwith and submit a copy to MahaRERA. C. Penalty of ₹50,000 imposed under Section 61 for violation of Sections 11(4)(f) and 17. D. Respondent to provide all amenities, including proper water supply. E. All other reliefs (financial compensation for delay, rent, water expenses) rejected. F. No order as to costs.

Also Read: “You Stayed in It — So Stop Complaining”: How MahaRERA Let a Builder Off the Hook After 35 Months of Illegal Delay

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