MREAT sets aside MahaRERA order
Real Estate

MREAT sets aside MahaRERA order

A recent Maharashtra Maharashtra Real Estate Appellate Tribunal (MREAT) judgment set aside a MahaRERA order and directed the ITMC developers, promoters of the Sai Sapphire project at Vikhroli, to pay interest on an amount of about Rs 94 lakh, paid by the home buyers towards part consideration of a flat. The interest has been charged at the rate of 2% above the SBI Highest MCLR from April 2019 till the time the actual possession with OC is handed over to home buyers. While setting aside the MahaRERA order passed by Vijay Satbir Singh in April 2022, the MREAT said that the order passed by the authority, with regard to conditional payment of interest by the promoter, is contrary to the provisions of RERA as well as ratio and dictum laid down by the Supreme Court. The MREAT also observed that the MahaRERA order, granting a grace period of six months to the promoter for payment of interest for delay to the allottee, had no basis. Similarly, pointing to the MahaRERA order in 2022, which allowed the promoter to claim benefit of moratorium, the MREAT judgment stated that the promoter is not entitled to claim benefit of 'moratorium period' for Covid, as possession was promised in March 2019 as per agreement, which was before Covid. Home buyer couple Madhuri and Mahesh Lohia, who were represented by advocate Mithil Sampat at MREAT, had booked the flat in 2014 after paying Rs 75,00,000 towards part consideration and was promised handover initially before December 2016. Though the amount paid for the flat was more than 20% of consideration of the said flat, the promoter failed to execute agreement for sale and the agreement for sale and executed the agreement for a total consideration of Rs 1,55,52,500, only in February 2018 after RERA directed the same, following the filing of a complaint by the allottees with MahaRERA in 2017. The promoter claimed that the project got delayed for reasons, which were beyond his control and claimed as the project is an SRA project, he had to first complete the rehab component, which was affected by refusal of slum dwellers to vacate the project land. The MREAT observed that the reasons of delay submitted by the promoter cannot be construed as force majeure. Referring to the grace period allowed in the payment of interest by MahaRERA in its 2022 order, the MREAT observed that nowhere in the agreement there is mention of any grace period. Nor such grace period is pleaded in the complaint proceedings, MREAT said.

A recent Maharashtra Maharashtra Real Estate Appellate Tribunal (MREAT) judgment set aside a MahaRERA order and directed the ITMC developers, promoters of the Sai Sapphire project at Vikhroli, to pay interest on an amount of about Rs 94 lakh, paid by the home buyers towards part consideration of a flat. The interest has been charged at the rate of 2% above the SBI Highest MCLR from April 2019 till the time the actual possession with OC is handed over to home buyers. While setting aside the MahaRERA order passed by Vijay Satbir Singh in April 2022, the MREAT said that the order passed by the authority, with regard to conditional payment of interest by the promoter, is contrary to the provisions of RERA as well as ratio and dictum laid down by the Supreme Court. The MREAT also observed that the MahaRERA order, granting a grace period of six months to the promoter for payment of interest for delay to the allottee, had no basis. Similarly, pointing to the MahaRERA order in 2022, which allowed the promoter to claim benefit of moratorium, the MREAT judgment stated that the promoter is not entitled to claim benefit of 'moratorium period' for Covid, as possession was promised in March 2019 as per agreement, which was before Covid. Home buyer couple Madhuri and Mahesh Lohia, who were represented by advocate Mithil Sampat at MREAT, had booked the flat in 2014 after paying Rs 75,00,000 towards part consideration and was promised handover initially before December 2016. Though the amount paid for the flat was more than 20% of consideration of the said flat, the promoter failed to execute agreement for sale and the agreement for sale and executed the agreement for a total consideration of Rs 1,55,52,500, only in February 2018 after RERA directed the same, following the filing of a complaint by the allottees with MahaRERA in 2017. The promoter claimed that the project got delayed for reasons, which were beyond his control and claimed as the project is an SRA project, he had to first complete the rehab component, which was affected by refusal of slum dwellers to vacate the project land. The MREAT observed that the reasons of delay submitted by the promoter cannot be construed as force majeure. Referring to the grace period allowed in the payment of interest by MahaRERA in its 2022 order, the MREAT observed that nowhere in the agreement there is mention of any grace period. Nor such grace period is pleaded in the complaint proceedings, MREAT said.

Next Story
Infrastructure Urban

Centre Disburses Over Rs 24,610 mn in XV Finance Commission Grants

The Union Government has released XV Finance Commission tied grants during the financial year 2025–26 to rural local bodies in Chhattisgarh, Gujarat, Madhya Pradesh, Punjab and Sikkim and has released withheld portions of tied and untied grants to Himachal Pradesh, Odisha and Tripura. The total disbursal exceeded Rs 24,610 mn, with figures expressed in million (mn) thereafter. The releases cover allocations pertaining to different financial years and aim to strengthen rural local governance. State-wise disbursements included Rs 3,324.6 mn for Punjab, Rs 9,432.7 mn for Madhya Pradesh, Rs 3,47..

Next Story
Infrastructure Urban

Centre Releases Over Rs 15 bn as XV FC Grants to Rural Bodies

The Union Government has released over Rs 15 bn in grants recommended by the Fifteenth Finance Commission (XV FC) to strengthen Panchayati Raj Institutions (PRIs) and Rural Local Bodies (RLBs) in six states. The funds comprise tied and untied grants disbursed in FY 2025–26. Telangana received Rs 2.48 bn as the first instalment of untied grants for FY 2025–26, benefitting 12600 Gram Panchayats (GPs). Uttarakhand received Rs 913.1 mn as the second instalment and an additional Rs 18.4 mn of a withheld first instalment was released to a further 216 GPs. Mizoram is included among beneficiary st..

Next Story
Infrastructure Energy

Government Assures Fuel Supplies And Seafarer Safety Amid West Asia Developments

The Government of India has stepped up coordinated measures to maintain stability in critical sectors as developments in West Asia continue to unfold. It has prioritised uninterrupted energy supplies, safeguarded maritime operations and extended consular assistance to nationals. Central authorities are working with State and Union territory administrations to ensure timely information dissemination and operational continuity. Refineries are reported to be operating at high capacity with adequate inventories of petrol and diesel, and domestic LPG production has been increased to support consump..

Advertisement

Subscribe to Our Newsletter

Get daily newsletters around different themes from Construction world.

STAY CONNECTED

Advertisement

Advertisement

Advertisement