1 month ago
MahaRERA Orders Chembur Developer to Hand Over Flat
A homebuyer in Mumbai, Narendra Pandurang Kadam, bought a flat in a project called Vardhan Heights.
The developer, Vardhan Housing, was supposed to give him the flat by December 31, 2021, but didn't.
The homebuyer paid almost all the money but still didn't get the flat.
The developer said there were legal problems and delays because of Covid-19.
But the court, MahaRERA, said the developer had to give the flat within 30 days and pay extra money for the delay.
The court also said the developer had to pay Rs 20,000 for the homebuyer's legal costs.
MahaRERA ordered Vardhan Housing to hand over possession of Flat No. 310 within 30 days.
The developer must pay interest for the delay at SBI MCLR plus 2% from January 1, 2022, excluding the Covid moratorium period.
The homebuyer, Narendra Pandurang Kadam, paid over 95% of the sale consideration but did not receive possession on time.
The developer cited pending litigation, the Covid-19 pandemic, and procedural delays as reasons for the delay.
MahaRERA rejected the developer's arguments and ordered payment of Rs 20,000 in litigation costs to the homebuyer.
- Who
- Narendra Pandurang Kadam (homebuyer) vs. Vardhan Housing (developer)
- What
- MahaRERA ordered the developer to hand over possession of a flat and pay interest for delay
- Where
- Chembur, Mumbai
- When
- Order dated July 23, 2026; possession to be handed over within 30 days
- Why
- The developer failed to hand over possession on time and did not provide sufficient evidence for the delay
Homebuyer's Perspective
Developer's Perspective
Possession Delay
Homebuyer's Perspective
The homebuyer argues that despite paying over 95% of the sale consideration, possession of the flat was not handed over on time, causing financial hardship.
Developer's Perspective
The developer attributes the delay to pending litigation, the Covid-19 pandemic, and procedural delays in obtaining statutory approvals and the Occupation Certificate.
Interest for Delayed Possession
Homebuyer's Perspective
The homebuyer claims statutory right to interest for delayed possession as per the RERA Act.
Developer's Perspective
The developer did not explicitly contest the interest claim but provided reasons for the delay.
Key facts
- Complainant
- Narendra Pandurang Kadam
- Developer
- Vardhan Housing
- Project Name
- Vardhan Heights
- Flat Details
- Flat No. 310, 29.77 sq. metres, B-Wing
- Total Consideration
- Rs 64 lakh
- Agreement Date
- November 15, 2019
- Possession Date
- December 31, 2021
- Occupation Certificate Date
- September 16, 2025
- Interest Rate
- SBI MCLR plus 2%
- Litigation Costs
- Rs 20,000
Quotes
MahaRERA
Official of the Maharashtra Real Estate Regulatory Authority
“Mere pendency of litigation, in the absence of any injunction or stay order affecting the project, cannot automatically absolve the Respondent from its statutory obligation to deliver possession within the agreed timeline.”
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