Omkar 1973: Builder Delayed Possession, MahaRERA Denied Interest & Cut 2%; Tribunal Grants Full Refund + Interest

In a landmark ruling, the Maharashtra Real Estate Appellate Tribunal has directed Omkar Realtors to refund ₹7.69 crore plus interest from 2016 to a family for a flat in the stalled Omkar 1973 project, overturning MahaRERA’s order that denied interest and allowed a 2% deduction.

Homebuyer Paid to Director of Real Estate Firm, Director Died, Surviving Directors Claimed Ignorance — MahaRERA Steps In to Deliver Justice

In a significant win for homebuyers, MahaRERA and the Appellate Tribunal upheld a 2005 booking despite the handling director’s death and promoters’ denial of knowledge, directing execution of agreement for an equivalent flat or refund with interest — a reminder of RERA’s buyer protections even in legacy cases.

What Is Carpet Area?

The RERA Act clearly defines carpet area under Section 2(k), removing long-standing confusion for homebuyers by specifying what is included and excluded from an apartment’s usable space.

Developers Mandated to Execute Conveyance Deed Within 3 Months of Occupancy Certificate

Under RERA, developers must mandatorily handover conveyance deeds to allottees or societies within 3 months of OC issuance, as per Section 17(1), to secure full property rights.

MahaRERA’s Rule on Housing Society Formation: A Guide for Homebuyers in Maharashtra

Under MahaRERA guidelines, developers must enable the formation of a housing society or legal entity within three months from when 51% of apartments are booked or upon receiving the Occupancy Certificate (OC). This provision, per Section 11(4)(e) of the RERA Act, empowers homebuyers by shifting control from promoters to residents.