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MahaREAT Orders Refund After Mumbai Flat Possession Delay
Rahul Kalyan Raghuwanshi paid more than Rs 1.15 crore for two Mumbai flats.
The builder promised to hand them over by April 2017.
The project received its Occupancy Certificate in May 2018, after that deadline.
The buyer sought his money back.
The builder said it would refund him only after selling the flats to someone else.
MahaREAT said that condition was unfair and could not block the buyer’s legal rights.
The tribunal ordered a refund with interest and Rs 25,000 in costs.
It also allowed the buyer’s appeals after considering special COVID-period rules for filing deadlines.
Rahul Kalyan Raghuwanshi paid Rs 1,15,30,306 for two Omkar Meridia flats in Mumbai in 2015.
The flats were promised for possession by April 2017, but the Occupancy Certificate was obtained on May 27, 2018.
MahaREAT rejected the promoters’ condition that the refund would come only after finding a new buyer.
The tribunal ordered repayment of the principal with interest at SBI’s highest MCLR plus 2% until final realisation.
Both appeals were allowed, and the buyer was also awarded Rs 25,000 in costs.
- Who
- Dubai-based homebuyer Rahul Kalyan Raghuwanshi and the promoters of the Omkar Meridia project.
- What
- MahaREAT ordered the promoters to refund payments for two flats, with interest and costs.
- Where
- The Omkar Meridia project in Kurla, Mumbai, Maharashtra.
- When
- The flats were booked in 2015; possession was promised by April 2017, the Occupancy Certificate was obtained on May 27, 2018, and the final order was pronounced on July 1, 2026.
- Why
- The buyer challenged delayed possession, the absence of a registered Agreement for Sale, and a clause making his refund dependent on finding another purchaser.
Buyer’s position
Promoters’ position
Refund condition
Buyer’s position
The buyer argued that his refund should not depend on the promoters finding another purchaser and that such a condition conflicted with his statutory rights under RERA.
Promoters’ position
The promoters relied on the allotment-letter clause requiring a fresh sale and receipt of payment from a new purchaser before refunding the buyer.
Possession delay
Buyer’s position
The buyer pointed to the April 2017 possession commitment and the Occupancy Certificate issued only on May 27, 2018.
Promoters’ position
The promoters disputed the buyer’s claims and opposed the relief sought in the proceedings; the tribunal examined the contractual timeline and project delay.
Late appeals
Buyer’s position
The buyer sought condonation of the apparent 36-day delay in filing appeals against MahaRERA’s February 23, 2022 orders, citing the Supreme Court’s COVID-period limitation directions.
Promoters’ position
The promoters objected that the appeals were late and that the buyer had not shown sufficient cause for the delay.
Key facts
- Total principal paid
- Rs 1,15,30,306
- First flat payment
- Rs 48,73,313 for Flat B-1008
- Second flat payment
- Rs 66,56,993 for Flat A-1001
- Promised possession
- April 2017
- Occupancy Certificate
- Obtained on May 27, 2018
- Interest ordered
- State Bank of India’s highest MCLR plus 2%, from the respective payment dates until final realisation
- Costs awarded
- Rs 25,000
Quotes
Harshit Batra
Advocate, RERA expert and founder of HBA Legal
“Signing an allotment letter does not, by itself, mean that every contractual condition will necessarily prevail over statutory protections.”
financialexpress.com
“The right to seek refund under Section 18 is fundamentally a statutory right and cannot be diluted through an unfair contractual mechanism.”
financialexpress.com
Sources
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