MahaRERA rules in favor of a homebuyer, rejecting a Pune builder’s jurisdiction excuse for delayed flat possession and ordering an interest payout.
The Maharashtra Real Estate Regulatory Authority has intervened in a delayed housing project dispute in Wagholi, Pune, ruling firmly in favor of a homebuyer. The regulator penalized a developer who failed to hand over a flat despite the buyer paying nearly the entire agreed cost.
Key Financial and Agreement Details
Official records from the dispute outline specific monetary commitments and contract timelines agreed upon by both parties:
Agreement signed on September 12, 2022, for a flat priced at Rs 41.85 lakh.
Total amount paid by the homebuyer stands at Rs 39.15 lakh.
Scheduled possession deadline mandated by the contract was December 31, 2024.
The Developer Defense and Regulatory Rebuttal
When the developer failed to meet the possession deadline, they blamed administrative jurisdiction changes between the Pune Municipal Corporation and the Pune Metropolitan Region Development Authority. The builder claimed these transitions disrupted the construction timeline and required new plans.
MahaRERA rejected this argument completely after reviewing official records and timelines. A government notification from June 30, 2021, had already placed the Wagholi area under the jurisdiction of the Pune Municipal Corporation.
The project wing received official approval in January 2022, which occurred months before the agreement for sale was even signed. The regulator emphasized that securing all necessary approvals and the Occupancy Certificate remains the sole legal duty of the developer.
Interior Access and Final Rulings
The builder further argued that allowing the buyer access to the unit for interior and furniture work should count as fulfillment of possession. The regulatory authority dismissed this claim instantly, clarifying that interior access does not equal lawful possession without proper certification.
MahaRERA ordered the developer to pay interest to the homebuyer for the duration of the delay. This payout must be calculated using the State Bank of India Marginal Cost of Funds-based Lending Rate plus two percent.
