3 weeks ago
Mumbai family loses RERA compensation claim after accepting flat
A family in Mumbai bought an apartment and paid for it over time.
The builder promised they could move in by June 2022.
But the family did not get the keys until March 2025, more than two years late.
The family was upset and asked MahaRERA, the housing rule keeper, to make the builder pay them extra money.
They asked for about ₹50.6 lakh as a penalty for the long delay.
MahaRERA said no.
It explained that when the family finally got the keys, they did not complain about the delay or ask for a proper handover letter.
By quietly accepting the flat, they gave up their right to ask for extra money later.
The family also said the builder did not build the shared spaces it promised, but they had no photos or papers to prove it.
So MahaRERA told them they could not get compensation.
MahaRERA rejected a Mumbai family's ₹50.6 lakh compensation claim for a flat whose possession was delayed by more than two years.
The family signed the sale agreement on February 25, 2022, with possession promised by June 30, 2022, but the apartment was handed over on March 15, 2025.
The authority ruled the buyers lost the claim because they accepted possession without protest and did not seek a formal possession letter.
The family had sought interest at 18% per annum on payments made for the ₹1.05 crore apartment.
MahaRERA also dismissed the missing common amenities complaint for lack of photographic or documentary evidence.
- Who
- A Mumbai homebuyer family, a property builder, and the Maharashtra Real Estate Regulatory Authority (MahaRERA), which adjudicated the dispute.
- What
- MahaRERA rejected the family's ₹50.6 lakh interest compensation claim for a flat possession delayed by more than two years because they accepted the apartment without protest.
- Where
- Mumbai, Maharashtra, India, in a case heard by MahaRERA.
- When
- The sale agreement was signed on February 25, 2022; possession was promised by June 30, 2022, but the flat was delivered on March 15, 2025.
- Why
- MahaRERA held that grievances over delayed possession must be raised before a project is completed and possession is accepted, and the family provided no evidence for the missing amenities claim.
Homebuyer's Perspective
Builder and MahaRERA's Perspective
Right to compensation after accepting possession
Homebuyer's Perspective
The family suffered more than two years of delay, mental agony, hardship and financial losses, and Section 18 of the RERA Act does not specify a limitation period, so compensation should still be payable even after handover.
Builder and MahaRERA's Perspective
MahaRERA ruled that grievances relating to delayed possession must be raised before a project is completed and possession is accepted; accepting the flat without protest or a formal possession letter forfeits the delay claim.
Cause of the delay
Homebuyer's Perspective
The builder delayed possession by more than two years, allegedly failed to provide receipts for payments made shortly before handover, and did not provide promised common amenities.
Builder and MahaRERA's Perspective
The builder argued the buyers were aware of the project's construction status, that the timeline was subject to statutory approvals and other factors beyond its control under clause 25 of the sale agreement, and that the buyers had outstanding dues.
Key facts
- Flat price
- ₹1.05 crore
- Sale agreement date
- February 25, 2022
- Promised possession
- June 30, 2022
- Actual possession
- March 15, 2025
- Possession delay
- More than two years
- Compensation claimed
- ₹50.6 lakh at 18% interest per annum on payments made
- Ruling authority
- MahaRERA
- Reason for rejection
- Possession accepted without objection or formal possession letter; no evidence for amenities claim
Sources
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