Browsing Tag

RERA Section 18

7 posts
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.
The Maharashtra Real Estate Appellate Tribunal has ruled that RERA does not allow homebuyers to return a flat and seek refund after taking possession, holding that acceptance of possession closes the exit route under Section 18 of the Act.

RERA’s “No Return Policy”: Once You Take Possession, There’s No Going Back

The Maharashtra Real Estate Appellate Tribunal has ruled that RERA does not allow homebuyers to return a flat and seek refund after taking possession, holding that acceptance of possession closes the exit route under Section 18 of the 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.

No Possession Date in Agreement? MahaRERA Rules: Builder Must Deliver in 3 Years

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.
In a ruling that clarifies the scope of RERA protections, MahaRERA has held that an initial investment later converted into a registered flat purchase creates a valid allottee-promoter relationship, entitling the complainant to withdraw from a delayed project and claim full refund with interest, irrespective of COVID-related extensions.

MahaRERA Orders Interest for Delay in Gulraj Trinity Project, Allows 15 Homebuyer Complaints

MahaRERA has ordered Reliable Builders & Developers to pay interest for delayed possession to 15 homebuyers in the Gulraj Trinity project, holding that contractual possession dates cannot be overridden by unilateral extensions.
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.

Landmark MahaRERA Tribunal Ruling: Homebuyers Can Claim Interest on Delay Even After Taking Possession

In a landmark December 16, 2025 ruling, the MahaRERA Tribunal held that homebuyers can claim interest for delayed possession even after taking possession, while also ruling that successor builders inherit all project liabilities under RERA.