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BEFORE THE MAHARASHTRA
REAL ESTATE REGULATORY AUTHORITY, MUMBAI
Hearing held through hybrid mode

1. COMPLAINT NO. CC12400299

1. K V CHARANTEJ

2. AKULURU SWATHI

…COMPLAINANT/S

A/W

2. COMPLAINT NO. CC006000000334031

VILAS BABURAO TARI
…COMPLAINANT/S

A/W

3. COMPLAINT NO. CC006000000428747

KAUSHAL SACHIN DESHMUKH
…COMPLAINANT/S

A/W

4. COMPLAINT NO. CC006000000480109

RAJESHWARI SHETTY
…COMPLAINANT/S

A/W

5. COMPLAINT NO. CC006000000480278

RAM SANJIWAN
…COMPLAINANT/S

A/W

6. COMPLAINT NO. CC006000000480375

SANTOSH NAGAPPA PRABHU
…COMPLAINANT/S

A/W

7. COMPLAINT NO. CC12500351

RAJVIR DUBEY
…COMPLAINANT/S

A/W

8. COMPLAINT NO. CC12400119

RAMESH GANPAT CHAVAN
…COMPLAINANT/S

A/W

9. COMPLAINT NO. CC12500315

HARISH CHANDRA KANDPAL
…COMPLAINANT/S

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A/W

10. COMPLAINT NO. CC12500523

GURMEET SINGH MAKKAR
…COMPLAINANT/S

VS

ADHIRAJ CONSTRUCTIONS PRIVATE LIMITED
…RESPONDENT

1. MAHARERA PROJECT REGISTRATION NO. P52000014859
– complaint at Sr. No. 1

2. MAHARERA PROJECT REGISTRATION NO. P52000007539
– complaints at Sr. Nos. 2 to 7

3. MAHARERA PROJECT REGISTRATION NO. P52000004449
– complaints at Sr Nos. 8 to 10
Order
December 26th, 2025
Sr. No.(s) hereinabove
Heard on
Reserved for order on
1

21. 08.2025

07. 09.2025
2 to 7

05. 09.2025 (reserved for order on
limited issue of maintainability)

11. 09.2025
8 to 10

16. 09.2025

01. 10.2025


Coram: Manoj Saunik, Chairperson, MahaRERA

Advocate Richa Pal present for complainant at Sr. No. 1
Advocate Akshay Dunde present for complainant at Sr. No. 2
Advocate Kunal Maskar present for complainant at Sr. No. 3
None present for complainant at Sr. No. 4
Advocate Gayatri Tikale present for complainant at Sr. No. 5 and 7
Advocate Bruno Castellino present for complainant at Sr. No. 6
Advocate Sushmita Chalke i/b Advocate Anil D’souza present for complainant at Sr. No. 8
Complainant at Sr. No. 9 present in person
Advocate Parth Chande present for complainant at Sr. No. 10
Advocate Abir Patel present for respondent in all the captioned complaints.

1. The complainants at Sr. no. 1 to 10 are home buyers and allottees within the meaning of Section
2(d) of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as the
“said Act”) of Real Estate Regulatory Authority (hereinafter referred to as the “RERA”). The
respondent, Adhiraj Constructions Private Limited, is the promoter/developer within the
meaning of Section 2 (zk) of the Act and is registered as the promoter of Project Nos. 1, 2 and
3 (hereinafter individually referred to as ‘Project No. 1’, ‘Project No. 2’ and ‘Project No. 3’
respectively, and collectively referred to as the ‘Projects’) under section 5 of the Act.

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Table 1 (Project details)
SR.
NOS.

PROJECT NO.
REGISTERED
AS
PROJECT
NAME
PROPOSED
COMPLETION
DATE
(PCD)
REVISED
COMPLETION
DATE
EXTENDED
COMPLETION
DATE
(ECD)
OCCUPANCY
CERTIFICATE
(OC)

1. P52000014859
New project
Adhiraj
Samyama
Tower 1C
31/07/2023
NA

31/03/2027
Not obtained

2. P52000007539
On-going
project
Adhiraj
Samyama
Tower 2A
31/12/2019
30/06/2021
10/11/2023
Part OC dated

10. 11.2023 for
sale
building
2A & 2B till
53rd floor.

3. P52000004449
On-going
project
Adhiraj
Samyama
Tower 1A
31/12/2020
30/06/2022
30/06/2025
Not obtained

2. The complainants are seeking the following reliefs:
SR.
NO.

COMPLAINT NO.
AND
DATE OF
FILING
RELIEF SOUGHT

1. CC12400299

01. 10.2024
The Respondent be directed to refund Rs. 54,69,063.85/- (Fifty-four
lakhs sixty-nine thousand sixty-three rupees and eighty-five paise
Only), the amount received by the Respondent towards consideration
amount of the said flat including stamp duty registration, GST and TDS
bearing Flat No. 501, 2 BHK, admeasuring 44.62 square meters carpet
area (equivalent to about 480 square feet) and in addition area of 7.79
and 4.12 square meters towards niche, flower bed, cupboard space,
balconies, refuge area etc in building “1C” on 5th floor residential
building in the name of the Complainants along with the interest
calculated of the State Bank of India’s highest Marginal Cost of Lending
Rate (MCLR) along with 2% as prescribed under the Act, from the as
agreed in the Agreement for Sale dated 20/04/2018 till date with a sum
of Rs.20,00,000/- (Rupees Twenty lakhs Only) to the Complainants
towards mental trauma, undue hardship caused to due to the acts of
omissions and commissions on the part of the Respondents also Direct
the Respondent to pay a sum of Rs.2,00,000/- (Rupees Two Lakhs Only)
to the Complainants towards the cost of the litigation

2. CC006000000334031

23. 01.2023
A. That the Respondent may kindly be directed to pay the interest at
stipulated rate, as specified under section 18 of the Act, form 1st January
2018 to till handing over the possession of the flat as per section 18(1)
The Real Estates (Regulation and
Development) Act, 2016 to the Complainants.
B. That the respondent shall be directed to pay the compensation and
damages of Rs.5,00,000/- (Rupees Two Lakhs Fifty Thousand Only) for
deficiency of services and mental harassment caused to the complainant.
C. That the respondent shall be directed to pay compensation and
damages which incurred by Complainant due to delay in possession of
Rs.15,000/- (Rupees Fifteen Thousand Only) per
month towards the Rent from the date 1st January 2018 to till the date
of possession which has been paid by the complainant along with
interest.
D. That the Respondent shall directed to give the possession of the said
flat as earliest possible.

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3. CC006000000428747

05. 01.2024
a. That this Hon’ble Authority be pleased to direct the Respondent to handover
the possession of the said Flat for occupation, subject to legal occupation
certificate from concerned authorities.
b. That this Hon’ble Authority be pleased to direct the Respondent, its directors,
their agents, servants or anybody claiming through them or under them to pay
interest to the Complainants on each month’s delay in handing over the
possession of the flat from 31st December 2022 till the actual handing over of
the possession of the flat with occupation certificate for occupying the flat, as per
section 18 of the said Act.
c. That this Hon’ble Authority be pleased to direct the Respondent, its directors,
agents, servants or anybody claiming through them or under them to set off the
interest amount on delayed possession, that may be awarded to the
Complainants against the pending dues of the Complainants towards the
balance consideration to be paid against the said Flat.
d. That this Hon’ble Authority be pleased to direct the Respondent to complete
all the amenities and obtain full occupation certificate and building completion
certificate at the earliest.
e. That this Hon’ble Authority be pleased to inquire against the Respondent on
the fulfilment of the condition stipulated in the part occupation certificate dated
10th November 2023 issued by Panvel Municipal Corporation.
f. That this Hon’ble Authority be pleased to order the Respondent to pay a sum
of Rs.5,00,000/- (Rupees Five Lakh Only) to the Complainants towards mental
suffering and trauma suffered at the hands of the Respondents.
g. For costs;
h. For such further and other reliefs as this Hon’ble Authority may deem fit and
proper in the nature and circumstances of the case.

4. CC006000000480109

17. 04.2024

5. 1. That this Hon'ble Authority be pleased to order and declare that the
Respondent has violate section 18 and/or other provisions of the Maharashtra
Real
Estate
Regulatory
Act,

2016. 5.2. That this Hon'ble Authority be pleased to declare and direct the Respondent
refund/compensate the Amount of 43,66,788/- along with mentioned interest to
the Petitioner from the date of delay possession till date as mentioned in Exhibit
'C' toward refund of amount paid to the respondent as per Agreement of Sale.

5. 3. That this Hon'ble Authority be pleased to declare and direct the Respondent
to pay a compensation of Rs 21,01,591/-towards monetary loss and losses of
opportunity due to loan and EMI incurred as mentioned in Exhibit 'D' based
on representations of Respondent of providing the Flat in stipulated time.

5. 4. That this Hon'ble Authority be pleased to declare and direct the Respondent
to compensate the Amount of Rs.9,60,042/- towards additional monetary losses
due to loss of opportunity of residence to stay and necessity for substitute
accommodation
as
detailed
out
Exhibit
E'.

5. 5. That the Hon'ble Authority be pleased to order and direct the Respondent
to pay the compensation of Rs 25,00,000/- towards hardships, stress and mental
agony caused to the Petitioner and/or penalty towards casual, ignorant and
negligent approach of the Respondent towards the buyers as well as towards the
law.

5. 6. That this Hon'ble court be please to temporarily restrain the respondent
and/or their director's, agents, officers, relatives and employees and/or any other
persons claiming through or under them by an order and injunction from
creating charge, encumbrances and/or any third party rights in respect of the
subject premises pending the hearing and final disposal of this proceeding; and

5. 7. Grant any other relief which this Hon'ble Authority deems fit and proper
under the facts and circumstances of the present case.

5. CC006000000480278

02. 05.2024
a. The respondent be directed to immediately hand over possession of the said
flat, and car parking space along with project amenities complete in all respects
and basic infrastructure facilities like supply of water, electricity, lift etc
b. The Respondent be directed to make payment of interest to the Complainant
on the entire amount paid by the complainant, as per provisions of section 18(1)
of RERA act for delay in handing over possession of the said unit as calculated
from 30th June 2017 till actual handover of possession @SBI’s highest marginal
cost of lending rate plus 2 percent.
c. The Respondent be directed to make payment of compensation of amount of
Rs. 5,00,000/- towards hardships and mental pain harassment and loss suffered
by the complainant.

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d. Legal Cost of the complaint of Rs. 2,00,000/- be provided for.
e. Any other reliefs as it may deem fit by the hon’ble Authority in terms of above
complaint.

6. CC006000000480375

09. 05.2024
i. To direct the Respondents to pay interest on the amount paid till date as
provided under section 18 of the RERA Act from the date of initial possession
being 31st December 2020 till the date of actual possession of the said Flat;
ii. To pay Rs. 25,00,000/- (Rupees Twenty-Five Lakhs Only) as compensation
for loss of opportunity in selling their investments in company shares and
mutual funds in a rising capital market;
iii. To pay Rs. 25,00,000/- (Rupees Twenty-Five Lakhs Only) for damages
caused due to torture and mental anxiety in getting possession of the said Flat;

7. CC12500351

01. 02.2025
a. The Respondent be directed to immediately complete the balance work of the
project and its common areas and amenities
b. The Respondent be directed to make payment of interest to the Complainants
on the entire amount paid by the Complainants, as per provisions of section 18
(1) of RERA act for delay in handing over possession of the said unit as
calculated from 30th June 2017 till handover of said flat @SBI's highest
marginal cost of lending rate plus 2 percent.
c. The Respondent be directed to make payment of compensation of amount of
Rs. 2,00,000/- towards hardships and mental pain harassment and loss
suffered by the Complainants.
d. Legal Cost of the complaint of Rs. 1,00,000/- be provided for.
e. Any other reliefs as it may deem fit by the hon'ble Authority in terms of
above complaint.

8. CC12400119

16. 09.2024
a. To Give possession of flat at an earliest
b. To pay interest at the prescribed rate to the Complainants for every month of
delay from 1st January 2022 till the actual date of handover of possession; c) For
mental agony/harassment.
d. For cost of this complaint be provided for;
e. Such other and further reliefs as deem fit of the said flat No. 1902 on the 19th
Floor, of the building known as Tower 1A, in the project “Adhiraj Samyama”
admeasuring 45.22 sq. mtrs. ( carpet as per RERA) being constructed by
Adhiraj Constructions Pvt. Ltd., (Respondent) at Rohinjan, Panvel, Raigad,
410 208.

9. CC12500315

29. 01.2025
a. To direct the Respondent to handover quiet, vacant and peaceful possession of
the Residential Flat No. 905, 9th floor, area admeasuring about 70.33 Sq. mtrs.
of RERA carpet area along with one parking space of area admeasuring about

9. 29 Sq. mtrs., in the project known as ‘Adhiraj Samyama Tower 1A’’ situated
at Vill. Rohinjan, Tal. Panvel, Raigad - 410208, along with the Occupancy
Certificate on terms of the Agreement for Sale to Complainants.
b. To direct the Respondent to pay interest @ 11% p.a., being Rs.40,09,067/-
(Rupees Forty Lakhs Nine Thousand & Sixty-Seven Only) from the date of
possession promised, i.e., 31/12/2021 till the date and further interest till the
date of quiet, vacant and peaceful possession is handed over by Respondent.
c. To direct Respondent to pay interest amounting to Rs.1,01,450/-(Rupees One
Lakh One Thousand Four Hundred & Fifty Only) for every month of delay
calculated @ 11% p.a. till handing over of possession.
d. To direct Respondent to further obtain the occupancy certificate from the
competent authority within 30 days of the complaint or within such appropriate
time as the Hon’ble Authority may deem fit and proper.
e. To direct the Respondent to update the RERA profile of the said Project.
f. To direct the Respondent to take down all the advertisements and marketed
hoardings etc, promising immediate OC and handover of possession.
g. To direct the Respondent to convey all the rights, title and interest of the said
Project in favour of the Society to be formed of the allottees of the Project.
h. To direct Respondent to pay an amount of Rs. 10,00,000/- (Rupees Ten Lakhs
Only) as compensation towards hardship, financial loss, injury, and mental
agony, caused to the Complainant due to not handing over the possession of the
said Flat within stipulated time and misrepresentation, breaches of the terms of
the agreement, the wrongful acts on Respondent’s part.
i. Legal cost.

10. CC12500523

15. 02.2025
a. To direct the Respondent to handover quiet, vacant and peaceful possession of
the Residential Flat No. 1604, 16th floor, area admeasuring about 46.31 Sq.

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mtrs. of RERA carpet area along with one parking space bearing No. G-B-39
area admeasuring about 13.75 Sq. mtrs., in the project known as ‘Adhiraj
Samyama Tower 1A’’ situated at Vill. Rohinjan, Tal. Panvel, Raigad - 410208,
along with the Occupancy Certificate on terms of the Agreement for Sale to
Complainants.
b. To direct the Respondent to pay interest @11% p.a., being Rs.18,85,212/-
(Rupees Eighteen Lakhs Eighty-Five Thousand Two Hundred & Twelve Only)
from the date of possession promised, i.e., 31/12/2021 till the date and further
interest till the date of quiet, vacant and peaceful possession is handed over by
Respondent.
c. To direct Respondent to pay interest amounting to Rs. 51,706/- (Rupees Fifty-
One Thousand Seven Hundred & Six Only) for every month of delay calculated
@ 11% p.a. till handing over of possession.
d. To direct Respondent to further obtain the occupancy certificate from the
competent authority within 30 days of the complaint or within such appropriate
time as the Hon’ble Authority may deem fit and proper.
e. To direct the Respondent to update the RERA profile of the said Project.
f. To direct the Respondent to take down all the advertisements and marketed
hoardings etc, promising immediate OC and handover of possession.
g. To direct the Respondent to convey all the rights, title and interest of the said
Project in favour of the Society to be formed of the allottees of the Project.
h. To direct Respondent to pay an amount of Rs. 10,00,000/- (Rupees Ten Lakhs
Only) as compensation towards hardship, financial loss, injury, and mental
agony, caused to the Complainant due to not handing over the possession of the
said Flat within stipulated time and misrepresentation, breaches of the terms of
the agreement, the wrongful acts on Respondent’s part.
i. Legal cost.

3. The complaints at Sr. Nos. 1 to 7 were finally heard on 05.09.2025 and the complaints at Sr.
Nos. 8 to 10 were finally heard on 16.09.2025 wherein the following roznama were recorded
by this Authority:
SR. NO.

COMPLAINT NO. AND

DATE OF FILING
ROZNAMA

1. CC12400299

01. 10.2024

1. “The complainant has filed written notes of argument.

2. The respondent seeks time to file reply and written notes of argument.
The Authority has given time till 30.08.2025 to file the same and he shall
serve a copy of the same through e-mail to the complainant. The
complainant has the liberty to respond to the say if he wishes to do so.

3. The matter is reserved for order from 07.09.2025.”

2. CC006000000334031

23. 01.2023

17. 06.2025 – “The learned Advocate for the complainant submits that the
respondent be directed to hand over possession of the flat, as the
complainant has paid the entire consideration amount and is also willing
to pay the delayed charges of ₹23,000/-. The Authority directs the
complainant to pay the said delayed charges, even though the matter is
under protest. Upon receipt of the delayed charges, the respondent is
directed to hand over possession of the flat to the complainant. At the
request of the respondent, the above directions are issued without prejudice
to the rights and contentions of the parties. The matter is adjourned to

29. 07.2025 for hearing on the dismissal application.”

05. 09.2025 - “Heard the parties at length on the application seeking
dismissal of the complaint. The matters are reserved for order limited to the
application for dismissal of complaint from 12.09.2025. The parties are at
liberty to file their written submissions, if any, on or before 11.09.2025.”

3. CC006000000428747

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05. 01.2024

17. 06.2025 – “The Advocate for the respondent has filed dismissal
applications in several of the above complaints. It is submitted that the
complaint at sr. no. 121 is in the process of settlement. In some of the above
matters, the learned Advocate for the complainants seeks time to file their
reply to the respondent's dismissal application. Liberty is granted to the
complainants to file their replies. The matters are adjourned to 29.07.2025
for hearing on the dismissal applications.

05. 09.2025 - “Heard the parties at length on the application seeking
dismissal of the complaint. The matters are reserved for order limited to the
application for dismissal of complaint from 12.09.2025. The parties are at
liberty to file their written submissions, if any, on or before 11.09.2025.”

4. CC006000000480109

17. 04.2024

5. CC006000000480278

02. 05.2024

6. CC006000000480375

09. 05.2024

7. CC12500351

01. 02.2025

8. CC12400119

16. 09.2024
“Heard the parties. Parties are directed to file written submissions by

30. 09.2025. The matters are reserved for order from 01.10.2025.”

9. CC12500315

29. 01.2025

10. CC12500523

15. 02.2025

4. The brief facts of the captioned matters are as follows:
SR.
NO.

COMPLAINT
NO.
AND

DATE
OF
FILING
FLAT /
BUILDING
NO./TOWER
NO.
DATE OF AFS /
BOOKING
LETTER
DATE OF
POSSESSION
TOTAL
CONSIDERATION
RELIEF
SOUGHT

1. CC12400299

01. 10.2024
1C- 501

20. 04.2018
(AFS)

31. 07.2022
Rs. 60,70,000/-
Refund with
interest and
compensation.

2. CC006000000334031

23. 01.2023
2A -705
(As per
submissions of
both parties)
AFS – 06.06.2016
(As per submissions
of both parties)

31. 12.2019
(As per submissions
of both parties)
AFS not placed on
record.
Possession along
with interest and
compensation
for delay

3. CC006000000428747

05. 01.2024
2A-4505

22. 02.2022
(AFS)

30. 12.2022
[As per clause 8 (i)]
Rs. 94,63,771/-
Possession along
with interest and
compensation
for delay

4. CC006000000480109

17. 04.2024
2A-5006
Legible copy of AFS
not provided
Legible copy of AFS
not provided
Rs. 93,99,999/-
(As per complaint
copy)
Refund with
interest and
compensation.

5. CC006000000480278

02. 05.2024
2A-2004

17. 12.2016
(AFS)

31. 12.2020
[As per clause 22 (a)
& scheduled 5 ]
Rs. 49,12,830/-
Possession along
with interest and
compensation
for delay

6. CC006000000480375

09. 05.2024
2A-4201

28. 10.2017
(AFS)

31. 12.2020
[As per clause 8 (i)]
Rs. 94,50,968/-
Possession along
with interest and
compensation
for delay

7. CC12500351

01. 02.2025
2A-702

26. 06.2016
(AFS)

31. 12.2020
[As per clause 22 (a)
& scheduled 5 ]
Rs. 34,53,645/-
Possession along
with interest and
compensation
for delay

8. CC12400119

16. 09.2024
1A-1902

16. 12.2017
(AFS)

31. 12.2021
[As per clause 8 (i)]
Rs. 60,29,082/-
Possession along
with interest and
compensation
for delay

9. CC12500315

29. 01.2025
1A-905

29. 03.2017
(AFS)

4. 6 years from the
date of agreement
+ grace period of
12 months i.e.

29. 09.2022
(As per clause 22 (a)
& scheduled 5)
Rs. 1,07,03,147/-
Possession along
with interest and
compensation
for delay

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SR.
NO.

COMPLAINT
NO.
AND

DATE
OF
FILING
FLAT /
BUILDING
NO./TOWER
NO.
DATE OF AFS /
BOOKING
LETTER
DATE OF
POSSESSION
TOTAL
CONSIDERATION
RELIEF
SOUGHT

10. CC12500523

15. 02.2025
1A-1604

22. 08.2019
(AFS)

31. 12.2021
[As per clause 8 (i)]
Rs. 79,22,700/-
Possession along
with interest and
compensation
for delay

5. The submissions of the complainants at Sr. No. 1 to 10 are as follows:
Sr. No.
Submissions

1. 1. The Complainants booked Flat No. 501 for a total consideration of
₹85,58,785.12/- and have paid ₹54,69,063.85/- till date.

2. That despite possession being promised by 31.07.2022, construction has
remained stalled since May 2022.

3. The complainants, who availed housing loans and paid advances at the
Respondent’s request, are not defaulters and continue to suffer financial
hardship.

4. A refund was sought vide notice dated 05.07.2024, which was denied by
the Respondent. Accordingly, the Complainants seek refund with interest
and compensation under Section 18 of the RERA Act, 2016.

2. 1. That in 2011, the Complainant booked subject flat and paid a down
payment of Rs. 14,22,498/-, followed by further payments of Rs.
33,19,162/-.

2. An Allotment Letter was issued in 2013, whereby possession was promised
to be delivered on or before 31.12.2017 under clause 17 (c), however,
possession has not been handed over till date.

3. The Complainant continues to pay EMIs, resides in rented premises, and
suffers mental agony and financial hardship, hence approaches this
Hon’ble Tribunal for relief.

4. Agreement is registered and possession date is recorded specifically
therein.

5. The respondent has failed to deliver possession as per the agreement and
thus the complainant prays for interest and compensation for delay.

3. 1. The complainant booked the subject flat and registered agreement which
recorded specific date of possession.

2. That Rs. 80,26,175/- including taxes is paid by the complainant to the
respondent.

3. That the complainant addressed letter dated 17.03.2023 (Exhibit D) stating
that they are ready to make the final payment of balance consideration
which is before receipt of occupancy certificate.

4. The respondent has failed to deliver the possession in terms of the
agreement and thus the complainant seeks interest for delay in possession.

5. That the part occupancy certificate is conditional and can be revoked as it
warrants NOC to be submitted by the promoter to the Airport Authority.

4. 1. The complainant booked the subject flat and registered agreement which
recorded specific date of possession.

2. That Rs. 95,19,999/- including taxes is paid by the complainant to the
respondent.

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3. That the complainant addressed notice dated 11.04.2023 stating the details
of damages which the respondent is liable to pay.

4. The respondent has failed to deliver the possession in terms of the
agreement and thus the complainant seeks interest for delay in possession.

5. That even if the respondent’s claim of outstanding amount of Rs.
27,14,899/- (incl. interest) is considered, the compensation which the
respondent is liable to pay to the complainant is higher.

5. 1. The complainant booked the subject flat and registered agreement which
recorded specific date of possession.

2. That Rs. 95,19,999/- including taxes is paid by the complainant to the
respondent.

3. That the complainant addressed notice dated 11.04.2023 stating the details
of damages which the respondent is liable to pay.

4. The respondent has failed to deliver the possession in terms of the
agreement and thus the complainant seeks interest for delay in possession.

5. That even if the respondent’s claim of outstanding amount of Rs.
27,14,899/- (incl. interest) is considered, the compensation which the
respondent is liable to pay to the complainant is higher.

6. In January 2024, the Respondent vide email dated 05.01.2024 informed the
Complainant that the Occupation Certificate had been received and raised
the final possession demand. The Complainant promptly made the
payment and, relying on the Respondent’s assurance of readiness for
possession, executed the possession letter on 22.01.2024.

6. 1. The complainants, being allottees under the RERA Act, entered into an
Agreement for Sale for a residential unit, under which possession was
contractually promised within a stipulated period.

2. That despite substantial payments and repeated requests, the Respondent
has failed to complete the project, obtain the Occupancy Certificate, or
hand over possession within the agreed timeline.

3. The delay has caused financial hardship and mental agony to the
Complainants. Accordingly, the Complainants seek possession along with
statutory interest and compensation under the provisions of the RERA Act,

2016. 7.

8. 9.

10. 6.
The submissions of the respondent in complaints at Sr. No. 1 to 10 are as follows:
SR.
NO.
SUBMISSIONS

1. 1. The transaction is governed by the Agreement for Sale dated 20.04.2018,
which mandates timely payments and contains express clauses permitting
extension of possession timelines.

2. The Complainants have admittedly defaulted in payments, as reflected in
the ledger and the undisputed invoice dated 07.05.2025, and have paid only
₹46,50,665/-, thereby breaching the Agreement and Section 19(6) of RERA.

3. The Respondent contends that the right to refund under Section 18 of RERA
is conditional and unavailable to a defaulting allottee. Project timelines were
duly extended by the Authority, including up to 31.03.2027, which
extensions were never challenged.

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4. The delay, if any, arose due to factors beyond the Respondent’s control,
including infrastructure deficiencies, regulatory changes, Covid-19 and
contractor-related issues.

5. In view of substantial progress, possession already handed over to several
allottees, and binding contractual terms, the complaint is stated to be not
maintainable and devoid of merit in law or equity.

2. 1. Clause 10 of the Agreement for Sale dated 6 June 2016, the Complainants
were required to pay amounts demanded in writing within 15 days. The
Complainants failed to make timely payment of instalments

2. That the respondent has not violated RERA as the complainant being a party
in breach, cannot be shown any equities and that unconditional right of an
allottee under the RERA cannot be extended to defaulters.

3. That the complainant has approached the Authority with unclean hands and
is in violation of section 19(6) of the Act.

4. That the possession is handed over to the complainant on 20.06.2025.

5. On 16.07.2024, (demand letter dated 15.07.2024) along with email, the
respondent raised a final demand letter of Rs. 3,41,995/- to which the
complainant did not respond.

6. The respondent further raised a demand cum cure notice on 25.02.2025 along
with email calling upon the complainant to make the payment of
outstanding amount.

7. The complainants have failed to make payments of instalments of sale
consideration in timely manner and the interest for delayed payment
amounts to Rs. 26,478/- as per clause 11 of the agreement, for which the
respondent sent invoice for late payment on 02.05.2025.

3. 1. That clause 10 of the Agreement for Sale dated 6 June 2016, the Complainants
were required to pay amounts demanded in writing within 15 days. The
Complainants failed to make timely payment of instalments

2. That the respondent has not violated RERA as the complainant being a party
in breach, cannot be shown any equities and that unconditional right of an
allottee under the RERA cannot be extended to defaulters.

3. That the complainant has approached the Authority with unclean hands and
is in violation of section 19(6) of the Act.

4. That on 04.01.2024 the respondent requested to take possession after making
final payment of Rs 22,60,855/- to which the complainant failed to respond.

5. The respondent further raised a demand cum cure notice on 24.04.2025 along
with email calling upon the complainant to make the payment of
outstanding amount.

4. 1. That clause 10 of the Agreement for Sale dated 6 June 2016, the Complainants
were required to pay amounts demanded in writing within 15 days. The
Complainants failed to make timely payment of instalments

2. That the respondent has not violated RERA as the complainant being a party
in breach, cannot be shown any equities and that unconditional right of an
allottee under the RERA cannot be extended to defaulters.

3. That the complainant has approached the Authority with unclean hands and
is in violation of section 19(6) of the Act.

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4. That on 10.04.2024, vide letter dated 05.04.2024 along with email the
respondent requested to take possession after making final payment of Rs
23,02,521/- to which the complainant failed to respond.

5. The respondent further raised a demand cum cure notice on 24.04.2025 along
with email calling upon the complainant to make the payment of
outstanding amount.

6. Thus, the complaint be dismissed for default of complainant allottee under
section 19(6).

5. 1. That on 10th November 2023, the Respondent received a copy of the
occupation certificate for the said Project. The complaint is filed on 02.05.2024
seeking interest for delay in handover of possession.

2. That on 10th August 2024, the Complainant has also taken possession of the
said Flat.

3. The captioned Complaint is filed by the Complainant on 2nd May 2024, i.e. 6
months after occupation certificate was obtained.

4. There are a plethora of judgments of this Authority clearly holding that a
complaint invoking section 18 of the RERA, filed after procurement of the
occupation certificate. is not maintainable. Thus, the complaint is liable to be
dismissed.

6. 1. On 18th December 2023, the Respondent requested the Complainant to take
possession of the said Flat and further raised a final demand of Rs.
11,52,180/- on handover of the Possession as per the Agreement to which
the complainant failed to respond.

2. The respondent further raised a demand cum cure notice on 24.04.2025 along
with email calling upon the complainant to make the payment of
outstanding amount.

3. The Complainant has breached section 19(6) of the RERA for not having
made payments as per Clause 3 (xi) and 5 of the said Agreement. The
Complainant has also violated Clause 10(ii) of the said Agreement and
Section 19(10) of the RERA for not taking possession within the stipulated
timelines.

4. Since the complainant is in breach of the terms and conditions of the said
Agreement and the RERA their rights in respect of the said flat are liable to
be terminated as per Clause 8 (v) of the said Agreement. The action of
termination will be valid with requirements of section 11(5) of the RERA

7. 1. On 10th November 2023, the Respondent received a copy of the occupation
certificate for the said Project.

2. On 28th September,2024, the Complainant has also taken possession of the
said Flat.

3. The captioned Complaint is filed by the Complainant on 30th January,2025,
i.e. 12 months after occupation certificate was obtained and 4 months after
possession is taken. There are plethora of judgments of this Authority clearly
holding that a complaint invoking section 18 of the RERA, filed after
procurement of the occupation certificate, is not maintainable.

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8. 1. The complainant failed to make payments of all instalments of sale
consideration in timely manner raking up interest of Rs. 97,210/- as per
clause 10 of the agreement.

2. The respondent raised a demand cum cure notice on 29.05.2025 along with
email calling upon the complainant to make the payment of outstanding
amount.

3. The Complainant has breached section 19(6) of the RERA for not having
made payments as per Clause 3 (xi) and 5 of the said Agreement. The
Complainant has also violated Clause 10(ii) of the said Agreement and
Section 19(10) of the RERA for not taking possession within the stipulated
timelines.

4. Since the complainant is in breach of the terms and conditions of the said
Agreement and the RERA their rights in respect of the said flat are liable to
be terminated as per Clause 8 (v) of the said Agreement. The action of
termination will be valid with requirements of section 11(5) of the RERA.

5. That the complainants have only paid Rs. 41,64,804/- out of total
consideration of Rs. 60,29,082/-

9. 1. The complainant failed to make payments of all instalments of sale
consideration in timely manner raking up interest of Rs. 34,380/- as per
clause 10 of the agreement.

2. The respondent raised a demand cum cure notice on 02.06.2025 along with
email calling upon the complainant to make the payment of outstanding
amount.

3. The Complainant has breached section 19(6) of the RERA for not having
made payments as per Clause 3 (xi) and 5 of the said Agreement. The
Complainant has also violated Clause 10(ii) of the said Agreement and
Section 19(10) of the RERA for not taking possession within the stipulated
timelines.

4. Since the complainant is in breach of the terms and conditions of the said
Agreement and the RERA their rights in respect of the said flat are liable to
be terminated as per Clause 8 (v) of the said Agreement. The action of
termination will be valid with requirements of section 11(5) of the RERA.

5. That the complainants have only paid Rs. 1,05,57,435/- out of total
consideration of Rs. 1,07,03,147/-

10. 1. The complainant failed to make payments of all instalments of sale
consideration in timely manner raking up interest of Rs. 9,044/- as per clause
8(iv) of the agreement.

2. On 10.05.2025, the respondent sent an invoice for late payment fee to the
complainant.

3. A party itself in violation cannot seek any reliefs thereunder and itself in
breach of the Agreement for sale cannot rely on such agreement not seek
enforcement of the terms thereof.

4. Thus, the Authority be pleased to dismiss the complaint.

7. From the facts and submissions of the complainants the issue that needs to be examined is
A. Whether the complaints at Sr. Nos. 2 to 7 are maintainable?

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B. Whether the complaints at Sr. Nos. 1 and 8 to 10 are entitled to the reliefs under the provisions of
the Act?

8. Thus, in order to answer the above issue framed at para-No.7, the following observations are
noteworthy:
SR.
NO.

COMPLAINT
NO. AND

DATE OF
FILING
OBSERVATIONS

1. CC12400299

01. 10.2024
It is observed that the complainant has made payment of
substantial amounts and the possession is not delivered
till date as no occupancy certificate is obtained by the
promoter till date.

2. CC0060000003
34031

23. 01.2023

1. The respondent has placed on record the possession
letter dated 20.06.2025 which makes it clear that upon
the instructions of the Authority issued in the hearing
dated 17.06.2025, the complainant was handed over
the possession of the subject apartment on 20.06.2025,
however, under protest for delay in handover of
possession.

2. It is seen that the complainant has paid entire amount
of consideration along with the delayed interest as
admitted by both the parties in the hearing dated

17. 06.2025.

3. The complaint is filed on 23.01.2023. Part Occupancy
certificate
dated

10. 11.2023
obtained
by
the
respondent is applicable to the subject flat.

4. After obtaining the occupancy certificate, as per the
respondent, they raised the demand letter for final
payment on 16.07.2024 and for offering possession,
i.e. after one and half years of obtaining occupancy
certificate. The respondent has not placed on record
any explanation for such delay in raising the demand
letter for payment of final amount.

5. After inspection of the subject apartment, the
complainant replied to the aforesaid email dated

16. 07.2024 of the respondent and intimated that the
apartment lacks water supply and electricity
connection and the complainant shall receive
possession once these requirements are in place as per
the agreement. It is pertinent to note that the
complainant sent a legal notice dated 14.12.2022
asking for possession which is acknowledged by the
respondent vide email dated 23.12.2022.

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6. It is further pertinent to note that the possession letter
dated 20.06.2025 clearly states that the water supply
mechanism is still not in place and alternative
arrangement for water supply shall be arranged by
the respondent for which appropriate charges shall be
payable by the complainant under agreed terms.
Thus, the reason stated by the complainant for not
receiving possession appears to be genuine as there
cannot be any habitability without water supply in
the subject apartment. Further, the delay of 1.5 years
after receipt of occupancy certificate by the
respondent in offering possession of the subject
apartment is a primary and foremost default on the
part of the promoter under section 18 of the Act.

7. In view of the above, the Authority observes that the
maintainability application filed by the respondent
cannot be sustained as the contention of the
respondent that the complainant is primarily at
default
cannot
be
established.
Thus,
the
maintainability application is liable to be rejected.

3. CC0060000004
28747

05. 01.2024

1. The respondent obtained occupancy certificate dated

10. 11.2023 and issued final demand letter and offer of
possession with occupancy certificate on 04.01.2024
calling upon the complainant to make the balance
payment and receive possession of the subject flat.

2. The complaint is filed subsequent to the above event
on 05.01.2024.

4. CC0060000004
80109

17. 04.2024

1. That the respondent obtained occupancy certificate
dated 10.11.2023 and issued final demand letter and
offer of possession with occupancy certificate on

10. 04.2024 calling upon the complainant to make the
balance payment and received possession of the flat.

2. The complaint is filed after this event on 17.04.2024

5. CC0060000004
80278

02. 05.2024
The complaint is filed on 02.05.2024 and the complainant
has received possession on 10.08.2024 with occupancy
certificate.

6. CC0060000004
80375

09. 05.2024
The complainant was offered possession by the
respondent on 19.12.2023 with occupancy certificate and
the complainant filed the complaint subsequently on

09. 05.2024.

7. CC12500351

The complainant has received possession on 28.09.2024
with occupancy certificate and filed the complaint
subsequently on 01.02.2025.

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01. 02.2025

8. CC12400119

16. 09.2024
It is observed that the complainant has made payment of
substantial amounts and the possession is not delivered
till as no occupancy certificate is obtained by the
promoter till date.

9. CC12500315

29. 01.2025

10. CC12500523

15. 02.2025

9. As observed in paragraph number 8 hereinabove, the maintainability application filed by the
respondent in complaint at Sr. No. 2 is dismissed for reasons more specifically mentioned
therein. Thus, the issue famed at paragraph no. 7 A hereinabove pertaining to complaint at
Sr. No. 2 is answered in the affirmative. The complaint at Sr. No. 2 is held maintainable and
shall be heard on merits on 13.01.2026.

10. With respect to complaints at Sr. No. 3 to 7, before delving into the merits of the cases it is
pertinent to note that while section 18 of the RERA does not spell out a limitation period, the
section has an inbuilt limitation as it does not provide for raising and addressing grievances
which are known today, in the future. Hence, the Authority is constrained to rule that any
grievance of delayed possession must be raised before the date of completion of the project
and not on any future date chosen by the allottees. Any grievance raised later on account of
delayed possession would clearly be estopped by section 18 of the RERA. If this section was
not self-limiting, no real estate project or commercial deal would ever see a financial closure.

11. The spirit of this enactment is to bring finality and settlement in a time-bound manner. In these
complaints at Sr. Nos. 3 to 7, the date of possession were in the year 2016, 2017 and 2022 in the
respective complaints (as per the said agreement for sale), however, the complainants kept
silent and failed to take any steps before the Authority under provisions of section 18 of the
RERA till the respondent completed its statutory liability and obtained part occupancy
certificate on 10.11.2023 and also till the offer of possession of the said flat to the complainants.

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12. Thus, a grievance that was waived by the complainants till the Part OC was obtained for the
subject flats and till offer of possession and even much later cannot now be raised just to reap
some benefits by relying upon the various judgements passed by the MahaRERA. Moreover,
each case has its own merits and hence, the ratio held in those cases cannot be made applicable
by citing some portion of the orders. Hence, the complainants herein have waived their right
to file these complaints before the Part OC was received and offer of possession of the said flat
and thus, the violation of section 18 is not proved on the date of filing of the complaints. Hence,
the MahaRERA is not inclined to grant any interest for the delayed possession as sought for
by the complainant under section 18 of the RERA.

13. The complainants at Sr. Nos. 3 to 7 ought to have approached this Authority immediately after
the lapse of date of promised date of possession as per Agreement for Sale and before receiving
Part OC. As the complaints at Sr. Nos. 3 to 7 hereinabove are filed after receipt of part
Occupancy Certificate, the same are not maintainable in the light of the above observations.
Thus, the issue famed at paragraph no. 7 A hereinabove pertaining to complaints at Sr. Nos.
3 to 7 is answered in the negative.

14. Moving ahead to examine the issue framed at para–No. 7 B pertaining to complaints at Sr.
Nos. 1 and 8 to 10 pertaining to reliefs claimed under section 18 of the said Act for refund /
possession along with interest and compensation on account of delay in handover of
possession. The Authority shall move its attention towards section 18 of the Act, and upon
perusal of the same the essentials to seek relief under Section 18 are:
(i)
Failure of promoter to give possession in accordance with the terms of the contract
between the Parties (such as Booking Form, Allotment Letter, Agreement for Sale, etc.)
and within the date specified in the contract between the Parties;
(ii)
Inability of the Promoter to complete the said Project.

15. After perusal of records, it is observed that the respective projects for complaints at Sr. Nos. 1
and 8 to 10 are still not complete as no occupancy certificate or completion certificate

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pertaining to the subject flat has been uploaded by the promoter-respondent on the
MahaRERA Project registration webpage. Thus, there is a delay on part of the respondent
regarding the handover of possession of the subject flat to the complainant with occupancy
certificate in terms of the date of possession mentioned in the agreement.

16. Therefore, after considering the aforementioned observations, provisions of the Act, facts of
the case, submissions of the parties and the material placed on record, the Authority hereby
concludes that the respondents have failed to handover possession along with occupancy
certificate to the complainants at Sr. Nos. 1 and 8 to 10 by the date of possession mentioned in
the agreement thereby causing considerable delay in completion of the said project and as such
the complainant are entitled to seek relief under section 18 for refund / possession along with
interest on account of delay in handover of possession. Thus, the issue framed at para-No. 7
B hereinabove with regard to the complaints at Sr. Nos. 1 and 8 to 10 is answered in the
affirmative

17. The complainants at Sr. Nos. 1 and 8 to 10 have placed before the Authority respective
registered agreements entered into between the parties pertaining to the subject flat. The date
of possession of the subject flat agreed between the parties recorded in these agreements and
the same shall be considered for calculation of interest on account of delay caused. Thus, the
manner in which the interest for the delay caused shall be paid is tabulated hereunder:
Sr. Nos.
herein
COMPLAINT
NO. / DATE OF
FILING
DATE OF
AFS
DATE OF
POSSESSION
INTEREST
TO
BE
PAID
FROM
INTEREST
TO
BE
PAID TILL
1
CC12400299

01. 10.2024

20. 04.2018
(AFS)

31. 07.2022

01. 08.2022
The date of
realisation of
amount of
refund with
accrued
interest
8
CC12400119

16. 09.2024

16. 12.2017
(AFS)

31. 12.2021
[As per clause 8 (i)]

01. 01.2022
The date of
actual
handover of
possession
with
occupancy
certificate
9
CC12500315

29. 01.2025

29. 03.2017
(AFS)

4. 6 years from the
date of agreement +
grace period of 12
months i.e.

29. 09.2022

30. 09.2022
The date of
actual
handover of
possession

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(As per clause 22 (a)
& scheduled 5)
with
occupancy
certificate
10
CC12500523

15. 02.2025

22. 08.2019
(AFS)

31. 12.2021
[As per clause 8 (i)]

01. 01.2022
The date of
actual
handover of
possession
with
occupancy
certificate

18. The respondent-promoter is entitled to claim the benefit of “moratorium period” as mentioned
in the Notifications / Orders Nos. 13, 14 and 21 dated 02.04.2020, 18.05.2020 and 06.08.2021
respectively issued by the MahaRERA, since the date of possession agreed falls in the period
for which the aforesaid notifications are applicable.


FINAL ORDER

19. Therefore, after considering the observations and provisions of the Act, the materials placed
on record, the facts of the case and submissions made by the parties, the Authority passes the
following order:
A.
The complaints at Sr. No. 1, 8 to 10 are allowed.
B.
The Respondent is held liable and hereby directed to refund the entire amounts paid by
the complainant at Sr. No. 1 along with interest accrued thereon from the date mentioned
hereinabove in the column namely “INTEREST TO BE PAID FROM” in the table at para
17 at the rate as prescribed under Rule 18 of the Maharashtra Real Estate (Regulation and
Development) (Registration of Real Estate Projects, Registration of Real Estate Agents, Rate of
Interest and Disclosures on Website) Rules 2017, till the realization of the full amount of
refund along with accrued interests within sixty days from the date of this order.
C.
Further, both the parties in complaint at Sr. No. 1 are also duty bound to execute and
register cancellation deed with respect to the agreement and also cancel the Allotment
letter, booking forms, if any upon the refund of the amounts with interest.
D.
In case the complainant at Sr. No 1 has taken any loan(s) which have created lien on the
subject apartment purchased, he/she shall be duty bound to settle the dues of the
Financial Institution, for releasing the apartments from the mortgage / lien so that it is
free from any encumbrances.
E.
The maintainability application filed by respondent in complaint at Sr. No. 2 is rejected
and the complaint at Sr. No. 2 shall be heard on merits on 13.01.2026.

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F.
The complaints at Sr. Nos. 3 to 7 are dismissed for reasons more specifically recorded
at para-Nos. 10 to 13 hereinabove.
G.
The complainants at Sr. No. 8 to 10 are entitled to claim possession along with interest
for delay on the amounts paid (excluding amounts paid towards taxes and other charges such
as stamp duty, registration fees and such other amounts paid to statutory authorities) to the
Respondent from the date mentioned in the column namely “INTEREST TO BE PAID
FROM” in the table at para 17 at the rate as prescribed under Rule 18 of the Maharashtra
Real Estate (Regulation and Development) (Registration of Real Estate Projects, Registration of
Real Estate Agents, Rate of Interest and Disclosures on Website) Rules 2017 till the date of
handover of possession with occupancy certificate.
H.
With respect to the complaints at Sr. No. 8 to 10, the total arrears of interest accrued, shall
be set off /adjusted against any outstanding dues required to be paid by the
complainants at Sr. Nos. 8 to 10 towards the cost of the subject flat in terms of their
respective agreement for sale and the remaining amount shall be paid by the respondents
in one instalment to the complainants within sixty days from the date of this order.
Further any interest accruing up to date of actual handover of possession subsequent to
payment of above to be paid in one instalment within thirty days of actual handover of
possession with occupancy certificate.
I.
With respect to the complaints at Sr. Nos. 1 and 8 to 10, the respondent promoter is
entitled to claim the benefit of “moratorium period” as mentioned in the Notifications /
Orders Nos. 13, 14 and 21 MahaRERA as the aforesaid notifications does not apply in
these cases as the agreements for sale were executed after the Covid 19 pandemic. The
period of moratorium shall be deducted from the total period for which interest is
payable, and the interest shall be paid by the respondent for the remaining period in the
manner as directed hereinabove.
J.
No order as to cost.

Manoj Saunik
Chairperson, MahaRERA

MANOJ
SAUNIK
Digitally signed by
MANOJ SAUNIK
Date: 2025.12.26
15:33:37 +05'30'