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RERA Maharashtra

6 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.
MahaRERA has ordered the promoter of the Godrej 24 project in Hinjawadi to permanently rectify seepage defects under Section 14(3) of RERA, reinforcing that builders remain responsible for structural defects even after possession and that temporary repairs do not fulfil statutory obligations.

Builder of Godrej 24 Project Directed by MahaRERA to Permanently Repair Seepage Defects

MahaRERA has ordered the promoter of the Godrej 24 project in Hinjawadi to permanently rectify seepage defects under Section 14(3) of RERA, reinforcing that builders remain responsible for structural defects even after possession and that temporary repairs do not fulfil statutory obligations.
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.

Booking Form Alone Does Not Create Binding Sale Contract: MahaRERA Orders Refund to Homebuyer

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.
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.

MahaRERA Rules Developer Cannot Forfeit Entire Booking Amount Upon Cancellation

In a major ruling safeguarding homebuyers, MahaRERA has held that developers cannot forfeit the entire booking amount on cancellation. The Authority ordered refund to the buyer after deducting only 1.5% of the unit cost, directing interest from September 13, 2024.
The Supreme Court has ruled that earnest money cannot be forfeited when both the buyer and seller are at fault, offering vital clarity on homebuyer rights and equitable remedies in real estate disputes.

How Much Money Can a Builder Forfeit If a Homebuyer Cancels a Deal?

MahaRERA’s 2022 order limits how much developers can deduct when a buyer cancels a flat booking — capping forfeiture at 2% before the agreement is signed, ensuring fairness and faster refunds for Maharashtra homebuyers.