The Maharashtra Real Estate Regulatory Authority (MahaRERA) has rejected further interest claims by homebuyers at SP Residency Phase III after a nearly five-year delay, despite their statutory right to seek compensation under Section 18 of the RERA Act. According to Pune News, the dispute involved Komal Kumbhare and Sonal Kumbhare, who paid more than ₹56 lakh towards their ₹66.75 lakh flat and sought ₹23.59 lakh in delayed-possession interest after their home was physically handed over on June 5, 2026, five years beyond the promised possession date of June 15, 2021. The authority's order dated August 27, 2026 declined to award additional interest, citing that the project had been completed, a part occupation certificate obtained, and monetary adjustments already extended by the promoter.
The Maharashtra Real Estate Regulatory Authority (MahaRERA) has established that developers cannot withdraw promises made to homebuyers regarding stamp duty and registration charges after property booking. According to reports from Business Standard, this ruling is particularly significant for homebuyers who rely on marketing offers such as 'zero stamp duty' or 'free registration' during project launches. The authority's decision makes clear that such promises become binding when recorded in allotment documents or reflected in developer regulatory disclosures.
The case involved homebuyers who paid more than ₹56 lakh towards their ₹66.75 lakh flat at SP Residency Phase III, with the agreement executed on August 31, 2019 and stipulating possession by June 15, 2021. As reported by Pune News, the buyers argued for interest on the ₹56.17 lakh already paid at 10.70 per cent per annum from the contractual possession date until actual handover. After taking into account ₹6.60 lakh already received from the promoter, their claimed balance was approximately ₹23.59 lakh. The case was heard by MahaRERA Chairperson Manoj Saunik against multiple parties including Phenomenon Developers Pvt Ltd (erstwhile promoter), Supra Warehousing Private Limited (current promoter), and Shapoorji Pallonji and Company Private Limited.
The developer argued that the buyer could not claim RERA allottee status because the agreement was unregistered and claimed the stamp duty reference was merely a typographical error. According to Business Standard, MahaRERA rejected this argument, noting the developer had issued an allotment letter and accepted substantial payments. More importantly, the authority found that the developer's own deviation report on the MahaRERA portal stated the developer would bear stamp duty and registration charges. Similarly, in the SP Residency case, MahaRERA noted that the current promoter, Supra Warehousing Private Limited, had assumed project obligations after the change of promoter and could not escape liabilities merely because the project had changed hands.
Despite rejecting the interest claim, MahaRERA issued multiple compliance directives against the promoter. As reported by Pune News, the authority found that the part occupation certificate dated October 1, 2025, covering Building B1 and the complainants' flat, had not been uploaded on the project's MahaRERA webpage. Supra Warehousing has been directed to upload it within 15 days. The promoter has also been ordered to pay ₹5,000 costs to the complainants within 15 days, with failure to comply exposing it to penalty under Section 63 of the RERA Act. Notably, Phenomenon Developers Pvt Ltd and Shapoorji Pallonji and Company Private Limited did not appear or file submissions, and proceedings against them were consequently proceeded with ex-parte.
The ruling highlights the importance of document retention for homebuyers, including allotment letters, payment receipts, emails, and project disclosures. According to legal experts cited by Business Standard, buyers should examine documents and regulatory disclosures at the booking stage rather than relying on verbal assurances. MahaRERA also directed the developer to pay interest to the buyer for nearly four months of delayed possession, reinforcing the importance of proper documentation and regulatory compliance. In the SP Residency case, while the buyers ultimately failed to secure the additional ₹23.59 lakh interest sought, the order records that their statutory right to seek delayed-possession interest under Section 18 cannot simply be extinguished merely because a promoter has issued credit notes.
