MahaRERA grants aid to homebuyers in Ghatkopar housing dispute, directing developer to pay curiosity for delayed possession | Representational Picture
Mumbai, Feb 27: The Maharashtra Actual Property Regulatory Authority (MahaRERA) has partly allowed complaints filed by homebuyers in opposition to developer Uncommon Townships Personal Restricted in cross-litigation over delayed possession and alleged cost defaults in a Ghatkopar housing venture.
In an order handed by MahaRERA Member Mahesh Pathak, the authority put aside the developer’s termination of agreements for 2 flats within the “North Sea Heights (A1)” venture at Ghatkopar East.
It held that the allottees have to be given a last alternative to clear excellent dues with relevant curiosity. Concurrently, the authority directed the promoter to pay curiosity for the delay in handing over possession.
Compensation declare rejected
In the meantime, MahaRERA rejected the allottees’ declare for compensation beneath Part 18 of the Actual Property (Regulation and Growth) Act, 2016 (RERA). The authority noticed that because the patrons had been prepared to stay within the venture and search possession of the flats, they had been entitled solely to curiosity for the delay and never compensation, in view of Part 18(1) of RERA.
Particulars of the dispute
The dispute pertains to two flats booked by Venkatesh Ramaswamy and Gayatri Sundararajan beneath agreements on the market executed on August 28, 2019. The entire consideration for the flats was over Rs 2.88 crore, of which greater than 50% had been paid.
The promoter, nonetheless, alleged persistent defaults in instalment funds and issued termination notices in July 2024 and February 2025, searching for cancellation deeds.
Advocate Anil D’souza appeared for the complainants. The homebuyers approached MahaRERA in 2025, contending that they had been prepared and prepared to pay however had been issued incorrect and inconsistent demand letters.
In addition they alleged confusion concerning escrow account particulars and argued that the venture was delayed past the promised possession date of December 31, 2021.
Reciprocal obligations beneath RERA
After analyzing submissions from either side, MahaRERA famous that promoters and allottees have reciprocal obligations beneath RERA. It noticed that the registered agreements on the market had been binding on each events and that the allottees had been legally obliged to make well timed funds. In case of delay, they’d be liable to pay curiosity beneath Part 19(7) of the Act.
Termination notices put aside
On the termination challenge, the authority held that though the termination notices appeared to have been validly issued, the rules of pure justice warranted granting the allottees one truthful and last alternative to clear excellent dues together with relevant curiosity. The termination notices had been accordingly put aside.
Delay and absence of OC
Relating to venture delay, MahaRERA famous that even after granting a one-year Covid-19 extension, which prolonged the possession deadline to December 31, 2022, the venture remained incomplete and no Occupation Certificates (OC) had been obtained.
The authority rejected the promoter’s power majeure arguments regarding environmental clearances, civil aviation peak restrictions and modifications in Growth Management Laws.
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Curiosity awarded to homebuyers
Holding that the promoter had violated Part 18 of RERA, MahaRERA directed it to pay curiosity to the allottees from January 1, 2023, till the supply of possession with OC.
The curiosity can be calculated on the State Financial institution of India’s Marginal Value of Lending Fee (MCLR) plus 2%, on the precise quantity paid, excluding stamp responsibility, registration costs and taxes. The authority permitted a set-off mechanism, permitting adjustment of excellent dues in opposition to the curiosity payable on the time of possession.
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