MahaRERA rejects Rs 50.6 lakh delay claim for late flat possession

Taking delayed possession without protest can hurt

The Savla family, who bought a Mumbai flat for Rs 1.05 crore in February 2022 with a promised possession date of June 30, 2022, got possession only on March 15, 2025, a…

The Story in Brief

The Savla family, who bought a Mumbai flat for Rs 1.05 crore in February 2022 with a promised possession date of June 30, 2022, got possession only on March 15, 2025, a delay of over two years. They sought Rs 50.6 lakh in interest from the builder at 18% per annum. MahaRERA rejected their claim, ruling they accepted possession without protest and did not raise their grievance before project completion.

The builder argued the family knew construction timelines were subject to approvals, and pointed to clause 25 allowing delays beyond control. MahaRERA held that Section 18 of RERA has an inbuilt limitation: complaints about delay must be filed before the project's completion, not after. The authority noted the Savlas made payments, including one just days before taking possession, but never formally objected to the delay.

The Indian Opinion

The MahaRERA order puts homebuyers in a bind: protest possession and risk losing the flat, or take it quietly and forfeit compensation. The narrative that builders always lose in RERA cases is one-sided; here the buyer's silence proved costly. Mumbai real estate deals are already tilted against the individual. The real test will be whether the Bombay High Court or Appellate Authority, which have taken a divergent view on this very limitation question, upholds this strict reading. Does accepting keys really mean accepting a two-year theft of your money?


Source: economictimes.indiatimes.com

This story was synthesised by AI from the source linked above.

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