Q: I recently received possession (after much ado) of an apartment I booked in 2019 in South Mumbai. I have the following issues:
1. The builder called for the final instalment in July 2025 which I duly settled. Thereafter he did not provide possession within the contracted 15 days. After much persuasion I received possession in October.
2. I feel that the flat is smaller than contracted. Interior decorators have taken measurements and found the space to be smaller.
3. The builder’s possession letter mentions that the maintenance would begin from May 2025 when it received OC. I have purchased the flat through the builder’s partner in the project and they say that they will consider this from the date of possession and bear the cost of maintenance from May–Oct. However, they haven’t given it in writing.
4. The builder has allotted me car parking in the podium area which is a part of another wing in the same project. Each wing will have a separate society, so in case of any rules for parking, I will have to comply with demands of the second wing while residing in the first. The builder has not addressed these issues despite raising these concerns within 15 days of receiving possession. Please guide me if I should approach MahaRERA for this purpose? Do I require a lawyer or just a complaint is sufficient? — Rajan Jhaveri, Colaba
A: You have raised some issues which most homebuyers face at the time of taking possession of their new flats.
Delayed possession: If there is any delay in handing over possession of a flat by the builder beyond the date promised in the Agreement for Sale, the buyer is entitled to claim interest at the rate of MCLR + 2% p.a. as per MahaRERA rules. As per a Supreme Court ruling, such interest payment is “absolute” and “nonnegotiable”, meaning the builder cannot cite any reason to avoid liability. Therefore, in your case, you are entitled to claim interest on the total amount paid by you for the period of delay.
Area shortage: Regarding your apprehension about shortage of area, the Model Agreement prescribed by MahaRERA provides that the promoter shall confirm the final carpet area allotted after the occupancy certificate is granted, subject to a variation cap of 3%. The total price payable shall be recalculated accordingly. If there is any reduction in carpet area within the defined limit, the promoter must refund the excess amount paid within 45 days along with annual interest at the prescribed rate, calculated from the date the excess amount was paid. If there is any increase in carpet area, the promoter is entitled to demand additional payment at the same rate per square metre as agreed in the Agreement. You should therefore insist on written confirmation of the final carpet area and take a call based on that confirmation.
Maintenance payment: With respect to your third query, you would be justified in insisting on paying maintenance charges from the actual date on which possession was handed over to you, particularly when possession was delayed despite full payment.
Parking: As regards parking allotted on the podium in another wing, ideally such issues should have been clarified at the time of signing the agreement when project disclosures and plans are available. In any event, this issue may still be resolved mutually with the builder. In light of the above legal position, it is advisable that you take up all these issues with the builder in writing and follow up personally to resolve them amicably.
You may also approach Mumbai Grahak Panchayat’s SAMET, where such disputes are resolved through conciliation and mediation. If the builder does not respond to these efforts, you may file a complaint before MahaRERA. Complaints are filed online and the fee payable is Rs5,000 plus GST. Details are available on the MahaRERA website. It is not mandatory to engage an advocate. For further guidance, you may also visit Mumbai Grahak Panchayat’s Complaint Guidance Cell at Grahak Bhavan, JVPD Scheme, Vile Parle (West), on Thursdays between 2.30pm and 4.30pm.
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