MahaRERA Orders Chembur Developer To Hand Over Flat, Pay Delay Interest

MahaRERA has directed Vardhan Housing to hand over possession of a flat in its Chembur redevelopment project, Vardhan Heights, within 30 days and pay interest for the delay.

The order was passed in response to a complaint filed by Narendra Pandurang Kadam against the developer. Kadam had booked a one-bedroom apartment in the project for a total consideration of Rs 64 lakh and had paid Rs 61.52 lakh, which is more than 95 per cent of the sale consideration.

According to the agreement, possession was to be handed over on or before December 31, 2021. However, despite paying almost the entire consideration amount, possession along with the Occupancy Certificate had not been handed over. The complainant had also availed a home loan of Rs 59 lakh and continued to pay EMIs while awaiting possession.

The developer defended the delay by citing pending litigation, the Covid-19 pandemic, and procedural delays in obtaining statutory approvals and the Occupation Certificate. However, MahaRERA observed that the promoter had failed to produce documentary evidence showing that the litigation restrained construction or prevented completion of the project.

MahaRERA also rejected the developer's reliance on the Covid-19 pandemic, stating that the benefit of force majeure could be granted only for a specific period. The Authority noted that no cogent material had been placed on record to justify the continued delay beyond that period.

The developer had submitted that the project had been completed in 2022 and the Occupation Certificate was eventually obtained on September 16, 2025. However, MahaRERA held that obtaining the certificate is an integral obligation of the promoter under the Act.

The order is a significant relief for the homebuyer, who has been waiting for possession of the flat for a long time. It also highlights the importance of MahaRERA in protecting the rights of homebuyers and ensuring that developers comply with their obligations.

MahaRERA's decision is likely to have implications for other developers in the city, who may be facing similar complaints from homebuyers. The regulator's strict stance on delay in possession and payment of interest is expected to bring more transparency and accountability in the real estate sector.

The case also underscores the need for homebuyers to be aware of their rights and to approach MahaRERA in case of any disputes with developers. With the regulator's support, homebuyers can now expect to get timely possession of their flats and compensation for delays.

In conclusion, MahaRERA's order in this case is a significant step towards protecting the rights of homebuyers and promoting transparency in the real estate sector. It is expected to have a positive impact on the sector and to bring more confidence among homebuyers.

The order is also a reminder to developers to comply with their obligations and to deliver projects on time. With MahaRERA's strict monitoring, developers will now have to be more careful in their dealings with homebuyers and to ensure that they comply with all regulatory requirements.

Overall, the decision is a welcome move for homebuyers in Mumbai, who have been facing numerous challenges in the real estate sector. It is expected to bring more stability and transparency in the sector and to promote the growth of the real estate market in the city.