Thane, Jan 28: The Maharashtra Real Estate Regulatory Authority (MahaRERA) has partly allowed a complaint against Arihant Superstructures Ltd over delayed possession in its Thane-based project “Arihant Aarohi Phase II”, while dismissing a similar plea filed by another allottee in the same development. The order was passed by MahaRERA Member Mahesh Pathak.
Two complaints heard together
Orders were passed on two separate complaints concerning flats in the MahaRERA-registered project, which were heard together, with both sets of homebuyers alleging delay in possession, wrongful monetary demands and pressure to purchase car parking spaces.
The authority examined whether the promoter had failed in its statutory obligation under Section 18 of the Real Estate (Regulation and Development) Act, 2016.
Adv Anil Dsouza, Secretary of the Bar Association of MahaRERA Advocates, appeared on behalf of the complainant.
Findings in first complaint
In the first case, relating to Flat No. 203, the homebuyers had executed a registered agreement for sale in September 2022 with a committed possession date of June 30, 2024, and had paid the entire consideration of over Rs 91 lakh.
MahaRERA noted that possession was not handed over by the agreed date. Although the developer secured the Occupancy Certificate (OC) on November 27, 2024, it failed to produce convincing proof that a valid offer of possession had been made to the complainants. The authority held that merely obtaining the OC does not absolve a promoter of liability if possession is not actually offered to the allottee.
Developer’s defence rejected
The promoter’s justification of delay on the grounds of the COVID-19 pandemic and phase-wise completion was rejected, with MahaRERA observing that the agreements were executed in 2022, well after the pandemic period, and no material was placed on record to establish force majeure.
The authority also took note of the buyers’ contention that possession was allegedly linked to disputed parking charges not forming part of the agreement, observing that such charges could not be a lawful ground to withhold possession.
Interest awarded, compensation denied
MahaRERA directed the developer to pay interest for delayed possession from July 1, 2024, until the date a valid offer of possession along with the OC is made, at the rate of the SBI’s Marginal Cost of Lending Rate (MCLR) plus two per cent, as prescribed under RERA.
The promoter has also been ordered to hand over possession within 15 days, if not already done, subject to payment of legitimate outstanding dues strictly in accordance with the agreement.
However, the claim for separate compensation was rejected, with the authority clarifying that an allottee who continues in the project is entitled to interest for delay, not additional compensation under Section 18(1).
Second complaint dismissed
In contrast, the complaint concerning Flat No. 502 was dismissed. In that case, the record showed that the OC was obtained on November 27, 2024, and a possession demand letter was issued the same day. The allottee took possession in August 2025 during the pendency of the proceedings.
MahaRERA held that once the OC is received and possession is duly offered, the promoter cannot be said to be in default under Section 18.
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It further observed that the complaint had been filed after the issuance of the OC and possession offer, and that the delay in taking possession was attributable to the allottee’s non-compliance with payment obligations. Terming the grievance an afterthought in these circumstances, the authority ruled the complaint not maintainable.
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