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The Maharashtra Real Estate Regulatory Authority (MahaRERA) has denied relief to two homebuyers of Ekta Tripolis, Goregaon, who sought interest and compensation for delayed possession. Despite possession being promised by December 31, 2020, the buyers did not take possession until 2023, after the Occupancy Certificate (OC) was issued. MahaRERA ruled that under Section 18 of RERA, claims are only valid if possession was not offered, stressing the importance of timely legal action. Similar cases in Delhi, Bengaluru, and Pune reinforce the need for buyers to act swiftly to secure their rights under RERA.
The Maharashtra Real Estate Regulatory Authority (MahaRERA) denied relief to two homebuyers from the Ekta Tripolis project in Goregaon, Mumbai, who sought interest and compensation for delays in possession. The buyers had filed complaints, claiming compensation for delays after receiving the possession offer. However, MahaRERA ruled that claims under Section 18 of the Real Estate (Regulation and Development) Act (RERA) could only be invoked if the promoter had failed to complete the project or provide possession by the agreed date. Advertisement
The developer had promised possession by December 31, 2020, but the buyers did not take possession until the Occupancy Certificate (OC) was issued in 2023. The promoter pointed out that despite the offer of possession and the OC, the buyers did not pay the outstanding dues as per the agreement. The regulator observed that the complaint was only filed in January 2024, long after the completion of the project and after possession had been offered, and thus no claim for compensation or interest could be considered.
MahaRERA noted that if the homebuyers had approached the authority while the issue was still relevant, their claim could have been heard on merit. The ruling also emphasized that by failing to take possession, the buyers violated Sections 19(10) and 19(6) of RERA, which require buyers to make payments and take possession in a timely manner.
This case underscores the importance of acting within the prescribed timelines when seeking relief under RERA. Similar instances have occurred in other cities. For example, in Delhi, homebuyers in projects like M3M Heights in Gurgaon and Ansal API's Dwarka project have faced similar challenges. These buyers filed complaints after significant delays in possession, but their cases were dismissed due to the delayed filing of complaints, reinforcing the importance of timely action. In the case of M3M Heights, buyers faced delays of over 18 months after the promised possession date, yet failed to file complaints promptly, which weakened their claims.
Other cities, such as Bengaluru and Pune, have also experienced similar challenges in enforcing RERA regulations. Pune's RERA authority has implemented stricter guidelines on complaint timelines, allowing buyers and developers to better understand their rights and obligations. In Bengaluru, RERA authorities strengthened the enforcement of penalties for non-compliance, especially in cases of delayed possession, to ensure smoother transactions between builders and buyers.
The MahaRERA ruling sends a strong message to homebuyers: timely action is essential for receiving compensation or interest under RERA. Buyers must adhere to the stipulated timelines and ensure all required payments and documents are in place before pursuing claims. As the real estate market continues to grow, both developers and buyers must remain vigilant in following RERA's terms to avoid prolonged disputes.
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