Maharashtra Tribunal Rules Against Unilateral Possession Date Extensions
The Maharashtra Real Estate Appellate Tribunal (MREAT) overturned a MahaRERA order that unilaterally extended the possession date for Supreme Construction and Developers’ Navi Mumbai project, Clan City-Ruby, ruling such extensions unlawful without homebuyers’ consent.
Key Highlights
- Homebuyers Neha and Nitin Walavalkar, awaiting possession since December 2017, will now receive interest from January 2018, instead of January 2021 as previously ordered by MahaRERA.
- MREAT rejected the promoter’s claims of Covid-related delays and MMRDA infrastructure issues as force majeure, finding the original possession date predated the pandemic.
MREAT’s Criticism of MahaRERA’s Order
MREAT criticized MahaRERA’s earlier ruling, stating it illegally altered the agreement for sale and arbitrarily extended the possession date without considering individual case details. The tribunal emphasized that MahaRERA cannot unilaterally amend the possession date. Furthermore, MREAT deemed MahaRERA’s directive to only pay interest after receiving the Occupancy Certificate inconsistent with the RERA Act.
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