MahaRERA Scrutiny: Addressing Delayed Possession and Essential Pre-Booking Portal Checks

Addressing Handover Delays Under RERA

With multiple under-construction housing projects in Maharashtra crossing promised delivery timelines, allottees face substantial financial exposure due to concurrent home loan EMI servicing and rental outgoings. Under the statutory framework of the Real Estate (Regulation and Development) Act, 2016 (RERA Act 2016), promoter commitments regarding possession dates are legally binding.

Where a promoter fails to give possession of an apartment in accordance with the terms of the agreement for sale or by the revised date declared to the authority, the allottee is entitled to specific legal remedies under Section 18 of the RERA Act 2016:

• Right to Seek Monthly Interest: An allottee wishing to remain in the project can claim interest at the prescribed rate for every month of delay until the actual handing over of possession.
• Right to Withdraw and Seek Full Refund: If the buyer chooses to exit the project, the promoter is liable to return the entire amount received along with interest at the prescribed statutory rate and compensation.

Mandatory MahaRERA Portal Verifications

To mitigate legal and financial risk before executing an allotment or an agreement for sale, prospective buyers are urged to conduct comprehensive due diligence via the public MahaRERA web portal. Key checks include:

• Declared Completion Date: Marketing collateral and sales executives frequently quote informal delivery timelines. Prospective purchasers must cross-check the official completion timeline submitted by the promoter under oath to MahaRERA.
• Quarterly Progress Reports (QPRs): Scrutinising QPRs reveals the actual physical and financial pace of construction, statutory clearances obtained, and whether the project is at risk of stagnation.
• Litigation and Encumbrance Disclosures: Promoters are mandated to disclose pending litigations, encumbrances, and title documents on the portal. Identifying legal disputes early shields buyers from prospective execution hurdles.

Legal Takeaway for Prospective Buyers

Homebuyers must insist on aligning the possession date in the registered agreement for sale with the MahaRERA completion schedule. Discrepancies between verbal assurances and statutory registry filings remain the primary catalyst for adjudication before the Maharashtra Real Estate Regulatory Authority.