A homebuyer who claimed to have paid ₹22.67 lakh for two flats in a Palghar project lost his case before the Maharashtra Real Estate Regulatory Authority (MahaRERA). In its order dated October 16, 2026, the Authority dismissed the complaint after finding that the buyer could not prove the money had reached the registered promoter.
The case, Complaint No. CC006000000195277, was filed by Mohammad Irfan Husain Kazi against LXMI Infra (the registered promoter) and Le Classique Realty Pvt. Ltd. The project in question is Aakash Complex at Vasundhara Nagari, Boisar West, Taluka and District Palghar, registered under MahaRERA project number P99000006053. The order was passed by Member-II Ravindra Deshpande. The matter was heard on May 14, 2026, and reserved for orders from June 3, 2026.
What the Homebuyer Claimed
The complainant stated that he booked Flat C-302 (35.46 sq.m. carpet area) and Flat C-303 (32.55 sq.m. carpet area) in November 2019 for ₹10.5 lakh each. He claimed to have paid a total of ₹22.67 lakh — ₹21 lakh towards the flats and ₹1.67 lakh towards stamp duty and registration — through cash and cheques between November 2019 and January 2020.
He alleged that no agreements for sale were executed, possession was not properly handed over (though keys were provided), the flats were later sold to third parties, the project was mortgaged, and the units suffered from defects such as water seepage and non-functional lifts. He sought possession, compensation with interest under Section 18 of the Real Estate (Regulation and Development) Act, 2016, and an injunction restraining creation of third-party interest.
Why the Authority Dismissed the Complaint
The promoter, LXMI Infra, denied any booking or receipt of payment and disputed the authenticity of the documents produced by the complainant. Le Classique Realty made no submissions.
The Authority examined the material on record and held that the complainant had failed to establish the foundational facts. The enquiry form relied upon appeared to be signed on behalf of Le Classique Realty and not the promoter. It did not show that LXMI Infra had allotted the flats or authorised the channel partner to conclude the transaction. The bank statement extracts also failed to clearly identify the recipient or link the payments to the promoter and the subject flats.
In the absence of proof that the promoter had allotted the flats and received the consideration, the Authority ruled that the complainant was not entitled to the reliefs claimed against LXMI Infra. The complaint was dismissed for want of sufficient evidence. The order does not prevent the homebuyer from pursuing other remedies before a competent court or authority. No costs were imposed.
Lesson for Homebuyers
This order highlights a critical point: under RERA, it is not enough to claim that payment was made. The homebuyer must prove that the allotment came from the registered promoter and that the money was received by the promoter. Payments made to channel partners, agents, or intermediaries without clear linkage to the promoter can leave buyers without an effective Section 18 remedy against the builder.
Homebuyers should verify the registered promoter on the MahaRERA website, make payments only into the promoter’s account, obtain an allotment letter or agreement issued by the promoter, and maintain a clear documentary and banking trail. Informal forms, brochures, or cash payments that cannot be traced to the promoter may not suffice when a dispute arises.
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