Pune Homebuyer Pays ₹39.15 Lakh for ₹41.85 Lakh Flat, Gets No Possession; MahaRERA Orders Builder to Pay Interest
The Maharashtra Real Estate Regulatory Authority (MahaRERA) has directed a builder to pay interest to a homebuyer who did not receive possession of a flat within the agreed deadline. The buyer had purchased the property for ₹41.85 lakh and paid ₹39.15 lakh. MahaRERA rejected the builder’s argument that changes in planning jurisdiction between the Pune Municipal Corporation (PMC) and Pune Metropolitan Region Development Authority (PMRDA) caused the delay in the Wagholi project.
Homebuyer Awaits Possession Despite Paying ₹39.15 Lakh
A homebuyer in Pune has secured relief from the Maharashtra Real Estate Regulatory Authority (MahaRERA) after a builder failed to hand over a flat within the timeline specified in the sale agreement.
The flat was purchased for ₹41.85 lakh, of which the buyer had paid ₹39.15 lakh. However, possession was not delivered by the agreed deadline, prompting the buyer to approach MahaRERA for relief.
The case concerns a residential project in Wagholi, Pune, where the developer attributed the delay to changes in the jurisdiction of the planning authorities.
Builder Blames PMC-PMRDA Jurisdiction Changes
The builder argued that planning jurisdiction over Wagholi shifted between the Pune Municipal Corporation (PMC) and the Pune Metropolitan Region Development Authority (PMRDA) during 2022 and 2023.
According to the developer, the changes required revised plans and fresh approvals, delaying construction and the handover of the flat.
The homebuyer challenged this explanation before MahaRERA, arguing that the builder was already aware of the applicable jurisdiction before signing the sale agreement.
Buyer Cites 2021 Notification and Project Approvals
The buyer relied on a notification issued by the Maharashtra government's Urban Development Department on June 30, 2021, which placed Wagholi under PMC jurisdiction.
The buyer also pointed out that the plans for Wing C of the project had been approved by the RERA authority in January 2022. The sale agreement was subsequently signed in September 2022, with possession scheduled for December 31, 2024.
The buyer argued that the jurisdiction issue was being used to justify the failure to deliver the flat within the agreed period.
MahaRERA Rejects Builder’s Explanation
In its order dated September 8, 2026, MahaRERA rejected the developer’s explanation and directed it to pay interest to the homebuyer for the delay.
The authority held that obtaining the necessary permissions, approvals and Occupancy Certificate (OC) was the developer’s responsibility. Administrative changes could not, by themselves, excuse the failure to meet the possession deadline without sufficient evidence linking those changes to the delay.
The builder had reportedly offered ₹35,000 as a goodwill gesture without admitting liability. However, the offer did not resolve the homebuyer’s claim.
Interest Payable Until Possession
MahaRERA directed the developer to pay interest from January 1, 2025, until the flat is handed over with the required Occupancy Certificate.
The interest rate will be based on the State Bank of India’s marginal cost of funds-based lending rate (MCLR), plus 2%, as specified in the order. The remaining amount payable for the flat may be adjusted against the interest due from the builder.
The ruling reinforces the responsibilities of developers under the Real Estate (Regulation and Development) Act, 2016, including their obligation to deliver properties within the agreed timelines and comply with applicable requirements for possession.
For homebuyers, the case highlights the importance of reviewing sale agreements, keeping payment records and approaching the regulatory authority when a developer fails to meet contractual commitments.