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Real Estate Delay

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In a key ruling, the Maharashtra Co-operative Appellate Court has held that past members of housing societies can directly sue for refund of amounts paid under disputed NOC conditions without needing permission from current flat owners. The court dismissed the society’s challenge to jurisdiction, clarifying that such disputes arising during membership fall squarely under Section 91 of the MCS Act.

Mumbai Homebuyers Wait 16 Years for Flats, Finally Gets Relief

Family paid ₹4.22 crore in 2010 for Godrej project flats. MahaRERA rejects Godrej’s objections, orders Agreement for Sale execution and delay interest after 16 years.
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.

Deceptive “Automatic Extension” Clause Fails: MahaRERA Tribunal Rescues Homebuyer from Builder’s Delay

In a significant win for property buyers, the Maharashtra Real Estate Appellate Tribunal has ruled that builders cannot use “automatic extension” clauses to bypass RERA deadlines. The Tribunal ordered Theme Infraprojects to refund ₹62 lakh with interest to a buyer after rejecting the builder’s claim that one-sided agreement clauses justified a six-year delay.
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.
MahaRERA has ruled that a booking application form does not by itself create a binding sale contract and directed Mahindra Happinest Developers to refund ₹1.50 lakh to a homebuyer, holding that forfeiture was illegal as the booking was never completed.

MahaRERA While Dismissing Homebuyer’s Complaint: “We Cannot Guess the Possession Date”

A homebuyer’s MahaRERA complaint in the Bhakti Meadows project was dismissed after the Authority found that the Agreement for Sale lacked the possession date, making delay assessment impossible.