Mumbai homebuyers lose Rs 50.6 lakh RERA claim after accepting flat without protest

The Story in Brief

A Mumbai family that bought an apartment for Rs 1.05 crore in February 2022 lost their MahaRERA claim for Rs 50.6 lakh in interest after accepting possession on March 15, 2025, a delay of nearly three years. The regulator ruled that because the Savla family took the flat without raising any protest or formally demanding a possession letter, they forfeited the right to seek compensation under Section 18 of the RERA Act. The builder argued that clause 25 of the sale agreement allowed extensions due to statutory approvals. MahaRERA also rejected the family's complaint about missing common amenities, noting they submitted no photographs or documents to back the claim.

The family had made partial payments before the agreement and continued paying during the delay, including a payment just days before possession for which the builder allegedly gave no receipt. MahaRERA held that grievances under Section 18 must be raised before the project's stipulated completion date, not at a time unilaterally chosen by the buyer. Legal experts note that both the appellate authority and the Bombay High Court have taken a different view on limitation in similar cases, leaving the door open for a challenge.