Homebuyer wins case against Pune builder: MahaRERA orders compensation over payment of ₹39.15 lakh
A homebuyer has won relief after his builder blamed government changes for the delay in taking possession of his flat. Maharashtra’s property regulator, MahaRERA, rejected the explanation and ordered interest payments for the delay.
The ruling came on 8 September 2026 in a case involving Prakash’s flat in Wagholi, Pune. MahaRERA member Mahesh Pathak heard the matter and ruled in the homebuyer’s favour, The Economic Times reported.
Prakash signed the sale agreement on 12 September 2022. The builder promised possession by 31 December 2024. However, the project remained incomplete despite repeated follow-ups, according to the ET report.
The builder blamed changes in the planning authority between PMC and PMRDA during 2022 and 2023. It claimed these changes required revised plans and fresh approvals, delaying construction.
Prakash challenged this explanation with documents showing that the change had occurred before his agreement was signed. He submitted a government notification dated 30 June 2021. It showed that Wagholi had already come under PMC’s authority, according to ET.
The plans for the project’s C-wing were also approved in January 2022. These dates showed that the builder was aware of the planning authority before promising a possession date.
MahaRERA said the builder should have considered these issues while setting the delivery deadline. It ruled that the builder could not benefit from its own wrongdoing.
The authority said obtaining necessary permissions, approvals, and an occupancy certificate (OC) was the builder’s responsibility. General claims about administrative problems could not justify missing the agreed deadline.
The builder needed evidence showing the exact delay period and how approvals prevented completion. MahaRERA said known approval difficulties could not be passed on to homebuyers.
The builder also claimed that internal work was complete. It said Prakash had been offered access for interior and furniture work. MahaRERA rejected this defence, saying possession without an OC was neither complete nor legally valid.
The builder offered ₹35,000 as goodwill compensation without accepting responsibility. MahaRERA said this offer did not remove its legal duty to compensate for delayed possession.
Compensation amount
The flat cost ₹41.85 lakh, and Prakash had paid ₹39.15 lakh. Interest must be calculated on the amount paid, starting 1 January 2025. It will continue until possession is offered with the OC, ET reported.
The ordered rate is SBI’s marginal cost lending rate plus two percentage points. MahaRERA allowed the remaining dues to be adjusted against the interest payable.
The ET report estimated interest at ₹7.1 lakh up to 8 September 2026. This calculation used a 10.75% interest rate over 616 days. The figure is an estimate, rather than a fixed compensation amount ordered by MahaRERA.
