A Mumbai family that purchased an apartment for ₹1.05 crore lost their MahaRERA compensation claim after receiving possession more than two years late. According to reports from Mint, the authority ruled that since the homebuyers neither raised objections nor sought a formal possession letter at the time of taking handover, they could not later claim interest compensation for the delay. This case establishes a significant legal precedent for RERA compensation claims, as MahaRERA held that grievances relating to delayed possession must be raised before the project is completed and possession is accepted, not at a later date chosen by the homebuyer.
The complainant signed the sale agreement on February 25, 2022, with the builder promising possession by June 30, 2022. However, the apartment was handed over only on March 15, 2025, after a delay of more than two years. As reported by Mint, the builder argued that the complainant were aware of the project's construction status when they purchased the flat and had been informed that the possession timeline was subject to statutory approvals and other factors beyond the developer's control. The builder's lawyers relied on clause 25 of the sale agreement, which allowed extensions for delays in approvals, force majeure events or other unforeseen circumstances.
The homebuyers requested ₹50.6 lakh in interest compensation at 18% per annum on amounts paid for the apartment, from respective payment dates till March 15, 2025. According to Mint, they had made partial payments even before signing the sale agreement and continued making payments thereafter, including a payment on March 10, 2025, just days before taking possession. However, the builder allegedly failed to provide receipts for these payments. The complainant also claimed the builder failed to provide promised common amenities, but MahaRERA declined relief on this ground as they lacked supporting evidence, including photographs or documents to substantiate these allegations.
On July 2, 2026, MahaRERA refused to grant any interest compensation for the possession delay, establishing a crucial legal precedent for RERA cases. As reported by Mint, the authority emphasized that complainants were already in beneficial occupation of the flat by March 15, 2025, making their interest claims untenable. This ruling reinforces the importance of raising grievances promptly and maintaining proper documentation of delays and unfulfilled promises to ensure successful RERA compensation claims.
