BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY, MUMBAI Virtual Hearing held through video conference as per MahaRERA Circular No.: 27/2020 1.​ COMPLAINT NO. CC005000000421093​ MILIND VASUDEO BEMBALKAR​ ​ ​ ​ ​ …COMPLAINANT VS. 1.​ PARANJAPE SCHEMES (CONSTRUCTION) LIMITED. 2.​ SHRIKANT PARANJPE 3.​ SHASHANK PARANJPE​ ​ ​ ​ ​ ​ …RESPONDENTS A/W 2.​ COMPLAINT NO. CC005000000471329​ NEELA VASANT DESHMUKH​ ​ ​ ​ ​ ​ …COMPLAINANT VS 1.​ PARANJAPE SCHEMES (CONSTRUCTION) LIMITED. 2.​ SHRIKANT PARANJPE 3.​ SHASHANK PARANJPE​ ​ ​ ​ ​ ​ …RESPONDENTS A/W 3.​ COMPLAINT NO. CC005000000471507 PRADEEP VITTHALRAO LAKHE​ ​ ​ ​ ​ …COMPLAINANT VS. 1.​ PARANJAPE SCHEMES (CONSTRUCTION) LIMITED. 2.​ SHRIKANT PARANJPE 3.​ SHASHANK PARANJPE 4.​ NIKHIL MADAN PANDE 5.​ SONALI NIKHIL PANDE​ ​ ​ ​ ​ ​ …RESPONDENTS A/W 4.​ COMPLAINT NO. CC12400207 1.​ SHILPA PRAKTAN BHANDARKAR 2.​ PRAKTAN ASHOK BHANDARKAR​ ​ ​ ​ …COMPLAINANTS VS. Page 1 of 29 PARANJAPE SCHEMES (CONSTRUCTION) LIMITED​ ​ …RESPONDENT A/W 5.​ COMPLAINT NO. CC12400985 1.​ VIJAY NARAYAN MADIMAN 2.​ SUNILA VIJAY MADIMAN​ ​ ​ ​ ​ ​ …COMPLAINANTS VS. PARANJAPE SCHEMES (CONSTRUCTION) LIMITED​ ​ …RESPONDENT MAHARERA PROJECT REGISTRATION NO. P52100000029 Final Order 17.03.2026 (Date of hearing for Sr. No. 1 to 4 07.05.2025 and for Sr. No. 5 - 19.11.2025) Coram: Ravindra Deshpande, Member II, MahaRERA Adv. Diana Thomas for Complainants in all Sr. Nos. Rajendra Karve (Representative) for the Respondent Nos. 1, 2 and 5 Adv. Prasad Kulkarni for Respondents in Sr. Nos. 3 and 4 1.​ The Complainants at Sr. Nos. 1 to 5 are home buyers and allottees within the meaning of Section 2 (d) of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as the “said Act”) and PARANJAPE SCHEMES (CONSTRUCTION) LIMITED is the promoter of the project namely “FOREST TRAILS ATHASHRI - B2” under section 5 of the said Act bearing MahaRERA Project Registration No. P52100000029 (hereinafter referred to as the “said project”). 2.​ The Complainants at Sr. Nos. 1 to 5 are seeking the following reliefs: SR COMPLAINT . NOS. / DATE OF RELIEF SOUGHT N FILING O CC005000000421093 a.​ The respondents may be directed to pay interest of Rs. 1.​ 3,72,0701- along with interest @10.85% p.a. from the date 10.06.2024 of filing of this complaint till handing over of possession of Page 2 of 29 the said flat to the Complainant alongwith legitimate independent electricity meter. b.​ The respondent may be directed to provide legitimate independent electricity meter to the complainant. c.​ The respondents may be directed to pay Rs. 55,000/- as the cost of litigation expenses incurred by the complainant. d.​ Any other relief may be granted in the interest of justice CC005000000471329 a.​ The Respondents Nos.1 to 3 may be directed to pay interest of Rs. 15,55,585/- along with interest @10.85% p.a. from 17.07.2024 the date of filing of this complaint till handing over of possession the said flat to the complainant. b.​ The respondents may be directed to pay Rs. 55,000/- as the cost of litigation expenses incurred by the complainant. c.​ The respondents No.1 to 3 maybe directed to provide 2. independent electricity meter to the said flat. d.​ The respondents No.1 to 3 maybe directed to transfer the amount of one-time maintenance deposit Rs. 4,00,000/- (Rs. Four Lakh only) recovered from the complainant under compulsion, in the bank account of society, ‘Forest Trails Athashri B-2 Co-operative Housing Society Ltd.’, as per the said agreement. e.​ Any other relief may be granted in the interest of justice. CC005000000471507 a.​ The respondents No.1 to 3 may be directed to pay interest of Rs. 11,67,580/- along with interest @10.85% p.a. from the 10.08.2024 date of filing of this complaint till handing over of possession the said flat to the complainant and respondents 3. No. 4 and 5 along-with legitimate independent electricity meter. b.​ The respondents No.1 to 3 may be directed to pay Rs. 55,000/- as the cost of litigation expenses incurred by the complainant. Page 3 of 29 c.​ The respondents No.1 to 3 maybe directed to provide independent electricity meter to the said flat. d.​ The respondents No.1 to 3 maybe directed to transfer the amount of one-time maintenance deposit Rs. 4,00,000/- recovered from the complainant under compulsion, in the bank account of society, ‘Forest Trails Athashri B-2 Co-operative Housing Society Ltd.’, as per the said agreement. e.​ Any other relief may be recovered from the granted in the interest of justice. CC12400207 a.​ The respondents may be directed to pay interest of Rs. 12,96,748/- along with interest @10.85% p.a. from the date 24.09.2024 of filing of this complaint till handing over of possession the said flat to the complainants along with legitimate 4. independent electricity meter. b.​ The respondents may be directed to pay Rs. 55,000/- as the cost of litigation expenses incurred by the complainants. c.​ Any other relief may be granted in the interest of justice. CC12400985 a.​ The respondents may be directed to pay interest of Rs. 10,01,213/- (Rs. Nine Lakh Four Thousand Three Hundred 03.12.2024 and Twenty-One Only), each along with interest @10.85% p.a. from the date of filing of this complaint till handing over of possession the said flats No. B-0203 and B-0204 to the complainants. 5. b.​ The respondents may be directed to pay Rs. 55,000/- as the cost of litigation expenses incurred by the complainants respectively. c.​ The respondents No.1 to 3 maybe directed to provide independent electricity meter to the said flats. d.​ The respondents No.1 to 3 maybe directed to transfer the amount of one-time maintenance deposit Rs. 4,00,000/- (Rs. Page 4 of 29 Four Lakh only) recovered from the complainants for the said flats under compulsion, in the bank account of society, ‘Forest Trails Athashri B-2 Co-operative Housing Society Ltd.’, as per the said agreement. e.​ Any other relief may be granted in the interest of justice 3.​ The complaint Nos. 1 to 4 were heard on 15.05.2025 and complaint No. 5 was heard on 19.11.2025 wherein the following roznamas were recorded by this Authority: Sr. COMPLAIN No T NOS. / s. ROZNAMA REPRODUCED DATE OF her FILING ein CC005000000 421093 “Both the parties are present. 1.​ 10.06.2024 The Respondent has uploaded a reply on the MahaRERA website. CC005000000 The advocate for the Complainant submitted that the Complainant 471329 is not willing to file the rejoinder and both the parties requested 2.​ that two weeks’ time may be granted to upload their written 17.07.2024 arguments on the MahaRERA website. The advocate for the CC005000000 Complainant submitted that the Complainant is seeking interest 3.​ 471507 for delayed possession. Considering the same, time till 29.05.2025 10.08.2024 is granted to the Respondent to upload the written arguments. CC12400207 Thereafter, the matter will be reserved for the order.” 4.​ 24.09.2024 CC12400985 Today, both parties are present. 03.12.2024 The Respondent has uploaded a reply. The Advocate for the 5.​ Complainants submitted that he has uploaded written arguments and is requesting that 8 weeks’ time may be granted to upload a Page 5 of 29 rejoinder. Considering the same, time till 28.11.2025 is granted to the Complainants to upload the rejoinder. Parties are directed to upload their written arguments prior to 17.12.2025; thereafter, the matter will be reserved for order. ​​ ​ ​ ​ SR COMPLAI TOTAL RELIEF FLAT DATE OF .N NT NOS. / Date of CONSI TOTAL SOUGHT IN NO. / POSSESS O DATE OF AFS DERATI PAID BRIEF WING ION S. FILING ON Rs. 52,15,185 /- CC0050000 (Admitte Rs. 00421093 d by 1.​ A-1301 06.06.2022 31.07.2023 52,15,185 Respond 10.06.2024 /- ent in Possessi Interest for on delayed Notice) possession + independent CC0050000 Rs. electricity meter 00471329 49,15,607 17.07.2024 Rs. /- 2.​ A-205 31.10.2017 31.07.2021 49,15,607 (Admitte /- d by Respond ent in Possessi Page 6 of 29 SR COMPLAI TOTAL RELIEF FLAT DATE OF .N NT NOS. / Date of CONSI TOTAL SOUGHT IN NO. / POSSESS O DATE OF AFS DERATI PAID BRIEF WING ION S. FILING ON on Notice) CC0050000 Rs. 00471507 44,52,870 /- 10.08.2024 (Possessi on handed over Rs. which 3.​ A-0110 27.05.2021 31.01.2022 44,52,870 means /- Respond ent has received the entire consider ation) CC1240020 Rs. 7 38,76,190 24.09.2024 Rs. /- 4.​ A-1304 27.11.2017 31.07.2021 48,09,878 (Possessi /- on handed over Page 7 of 29 SR COMPLAI TOTAL RELIEF FLAT DATE OF .N NT NOS. / Date of CONSI TOTAL SOUGHT IN NO. / POSSESS O DATE OF AFS DERATI PAID BRIEF WING ION S. FILING ON which means Respond ent has received the entire consider ation) CC1240098 Rs. Rs. 5 48,48,527 48,48,527 /- /- 03.12.2024 Rs. Rs. 47,82,447 47,82,447 B-0203 /- /- 28.12.2020 5.​ and 31.01.2022 Rs. (Admitte B-0204 35,72,037 d by /- Respond ent in Rs. Possessi 36,59,608 on /- Notice) 4.​ The brief submissions of the complainant at Sr. Nos. 1 to 5 are as follows: Page 8 of 29 SR COMPLAIN . T NOS. / N FACTS DATE OF O FILING S a.​ The parties to the present complaint entered into an Agreement for Sale dated 06.06.2022 and got it registered with the office of Sub-Registrar (hereinafter referred to as the “said Agreement No. 1”) to sell and purchase a flat bearing No. A-1301 admeasuring 45.18 Sq. Mtrs. (carpet area) alongwith enclosed balcony admeasuring 6.59 Sq. Mtrs. And terrace admeasuring 4.05 Sq. Mtrs. On the 13th floor of building No. B2-A named ‘Shivranjani’ of the said project (hereinafter referred to as the “said flat No. 1”) for a total consideration of Rs. 52,15,185/-. b.​ In terms of the said agreement' the complainant paid part consideration of Rs. 41,15,058/- through instalments from May 2022 CC005000000 to April 2024 towards the purchase of the said flat No. 1 as per the 421093 said Agreement No. 1. 1.​ c.​ The Complainant on 01.06.2024 has paid Rs. 11,88,137/- towards the 10.06.2024 balance amount as per demand letter dated 14.05.2024 sent by the Respondent No. 1, which was paid under protest and without prejudice to his right to claim and recover the compensation from the Respondents. d.​ As per the said Agreement No. 1, the agreed date of possession of the said flat along with the facilities and amenities was 31.07.2023. However, the Respondents have, failed and neglected to complete the said project and to deliver possession of the said flat No. 1 to the Complainant, even after the agreed date of possession of the said flat No. 1 i.e., 3l.07.2023 till the date of the complaint. e.​ The Respondents had represented to the Complainant that the said project was especially being developed for senior citizens. Hence, Page 9 of 29 SR COMPLAIN . T NOS. / N FACTS DATE OF O FILING S the time stipulated in the said Agreement No. 1 was the essence of the contract. f.​ Hence, the Complainant has the right to recover interest on the entire amount paid towards the said flat No. 1 till handing over possession of the said flat No. 1 to the Complainant. g.​ As per the Respondent, the said project was completed in view of Occupancy Certificate dated 08.05.2024. However, the Complainant and other flat purchasers have found that no permanent electricity supply with individual meters and without permission of MSEDCL and no authority to commission the lifts was obtained by the Respondents. In addition, in spite of the purported Occupancy Certificate, the said flat No. 1 was evidently not habitable especially for the senior citizens. the occupancy certificate obtained by the Respondent is in contravention with Development Control and Promotion Regulations for regional plan areas. h.​ The Respondent sent possession letter notice dated l4.05.2024 with demand of total Rs. 11,88,137/- including Rs. 4,00,000/- towards maintenance deposit payable to Athashri Homes Pvt. Ltd. i.​ The Respondents demanded a sum of Rs. 4,00,000/- towards interest-free maintenance deposit from the Complainant payable to the Respondent No. 1. As per the said Agreement No. 1, more particularly clause 9.8, the maintenance deposit is payable to the society and not to the promoter/Respondent No. 1. Therefore, the demand of the Respondents was in contravention with the said Agreement No. 1 and not binding on the Complainant. Further, the bank account in the name of society was already opened in the Page 10 of 29 SR COMPLAIN . T NOS. / N FACTS DATE OF O FILING S name of Forest Trails Athashri B_2 Co_operative Housing Society Ltd. in pursuance of the order dated 02.01.2024 passed by Assistant Registrar Co-operative Societies, Mulshi (paud), pune. CC005000000 a.​ The parties to the present complaint entered into an Agreement for 471329 Sale dated 31.10.2017 and got it registered with the office of Sub-Registrar (hereinafter referred to as the “said Agreement No. 17.07.2024 2”) to sell and purchase a flat bearing No. A-205 admeasuring 45.46 Sq. Mtrs. (carpet area) alongwith enclosed balcony admeasuring 6.31 Sq. Mtrs. and terrace admeasuring 4.10 Sq. Mtrs. On the 2nd floor of building No. B2-A named ‘Shivranjani’ (Asavari) along with one covered car parking bearing No. LP-22 admeasuring 9 sq. mtrs. in the said project (hereinafter referred to as the “said flat No. 2”) for a total consideration of Rs. 49,15,607/-. b.​ In terms of the said Agreement No. 2, the Complainant paid part 2.​ consideration of Rs. 45,63,041/- through instalments from 11.06.2017 to 22.12.2023 towards the purchase of the said flat No. 2 as per the said Agreement No. 2. c.​ The Complainant on 01.06.2024 and 06.06.2024, paid Rs. 7,59,030/- towards the balance amount as per demand letter dated 11.05.2024 sent by the Respondent No. 1, which was paid under protest and without prejudice to her right to claim and recover the compensation from the Respondents. d.​ As per the said Agreement No. 2, the agreed date of possession of the said flat along with the facilities and amenities was 31.07.2021. However, the Respondents have, failed and neglected to complete the said project and to deliver possession of the said flat No. 2 to the Page 11 of 29 SR COMPLAIN . T NOS. / N FACTS DATE OF O FILING S Complainant, even after the agreed date of possession of the said flat No. 1 i.e., 3l.07.2021 till the date of the complaint. e.​ The Respondents had represented to the Complainant that the said project was especially being developed for senior citizens. Hence, the time stipulated in the said Agreement No. 2 was the essence of the contract. f.​ Hence, the Complainant has the right to recover interest on the entire amount paid towards the said flat No. 2 till handing over possession of the said flat No. 2 to the Complainant. g.​ the Respondents did not make any progress as stipulated under the said Agreement No. 2 from October 2018 till December 2020. The Respondents were slow in completing the construction even after Covid-19 pandemic. Thus, the delay in possession is largely attributable to their lethargic attitude and failure on the part of the Respondents alone due to their financial difficulties as posed by them. Also, the Respondents did not inform the Complainant about the delay in possession and the extension of project completion date. h.​ As per the Respondent, the said project was completed in view of Occupancy Certificate dated 08.05.2024. However, the Complainant and other flat purchasers have found that no permanent electricity supply with individual meters and without permission of MSEDCL and no authority to commission the lifts was obtained by the Respondents. In addition, in spite of the purported Occupancy Certificate, the said flat No. 2 was evidently not habitable especially for the senior citizens. the occupancy certificate obtained by the Page 12 of 29 SR COMPLAIN . T NOS. / N FACTS DATE OF O FILING S Respondent is in contravention with Development Control and Promotion Regulations for regional plan areas. i.​ The Respondent sent possession letter notice dated l1.05.2024 with demand of total Rs. 7,59,030/- including Rs. 4,00,000/- towards maintenance deposit payable to Athashri Homes Pvt. Ltd. The maintenance deposit is payable to the society and not to the promoter/Respondent No. 1. Therefore, the demand of the Respondents was in contravention with the said Agreement No. 2 and not binding on the Complainant. Further, the bank account in the name of society was already opened in the name of Forest Trails Athashri B_2 Co_operative Housing Society Ltd. in pursuance of the order dated 02.01.2024 passed by Assistant Registrar Co-operative Societies, Mulshi (paud), pune. CC005000000 a.​ The Respondent Nos. 1 to 3 and the Complainant and the 471507 Respondent Nos. 4, being the joint flat purchasers, entered into an Agreement for Sale dated 27.05.2021 and got it registered with the 10.08.2024 office of Sub-Registrar (hereinafter referred to as the “said Agreement No. 3”). Thereafter, the Complainant and Respondent Nos. 4 as the vendors, the Respondents No. 1 to 3 as the 3.​ promoter/owner/consenting party and Respondent No. 5 made and executed a Supplementary Agreement dated 26.04.2023 which is registered at Sr. No. 8858/2023 in the office of Sub- Registrar, Mulshi - 2. (hereinafter referred to as the “said supplementary agreement”). b.​ By the said Agreement No. 3 and the said Supplementary Agreement, the Respondent Nos. 1 to 3 and the Complainant and Page 13 of 29 SR COMPLAIN . T NOS. / N FACTS DATE OF O FILING S the Respondent Nos. 4 and 5 agreed to sell and purchase a flat bearing No. A-0110 admeasuring 38.99 Sq. Mtrs. (carpet area) alongwith enclosed balcony admeasuring 8.01 Sq. Mtrs. and terrace admeasuring 28.86 Sq. Mtrs. On the 1st floor of building No. B2-A named ‘Shivranjani’ in the said project (hereinafter referred to as the “said flat No. 3”) for a total consideration of Rs. 44,52,870/-. c.​ Relying on the representations, assurances of the respondents No. 2 and 3 and in terms of the said Agreement No. 3, the Complainant and the Respondent Nos. 4 and 5 paid part consideration of Rs. 40,69,752/- through instalments from 12.03.2021 to 15.01.2024 towards the purchase of the said flat No. 3 as per the said Agreement No. 3. d.​ The Complainant and the Respondent Nos. 4 and 5 on 22.06.2024 paid Rs. 9,55,822/- towards the balance amount as per demand letter dated 11.05.2024, payment of one time maintenance deposit of Rs. 4,00,000/- (Rs. Four Lakh Only) and one year maintenance as per demand letter dated 11.05.2024 sent by the Respondent No. 1, which was paid under protest and without prejudice to their right to claim and recover the compensation from the Respondents. e.​ As per the said Agreement No. 3, the agreed date of possession of the said flat along with the facilities and amenities was 31.01.2022. However, the Respondents have, failed and neglected to complete the said project and to deliver possession of the said flat No. 3 to the Complainant, even after the agreed date of possession of the said flat No. 3 i.e., 3l.01.2022 till the date of the complaint. Page 14 of 29 SR COMPLAIN . T NOS. / N FACTS DATE OF O FILING S f.​ The Respondents had represented to the Complainant and the Respondent Nos. 4 and 5 that the said project was especially being developed for senior citizens. Hence, the time stipulated in the said Agreement No. 3 was the essence of the contract. g.​ Hence, the Complainant has the right to recover interest on the entire amount paid towards the said flat No. 3 till handing over possession of the said flat No. 3 to the Complainant. h.​ the Respondent Nos. 1 to 3 were slow in completing the construction even after Covid-19 pandemic. Thus, the delay in possession is largely attributable to lethargic attitude and failure on the part of the Respondent Nos. 1 to 3 alone due to their financial difficulties as posed by them. Also, the Respondent Nos. 1 to 3 did not inform the Complainant and the Respondent Nos. 4 and 5 about the delay in possession and the extension of project completion date. i.​ As per the Respondent Nos. 1 to 3, the said project was completed in view of Occupancy Certificate dated 08.05.2024. However, the Complainant and other flat purchasers have found that no permanent electricity supply with individual meters and without permission of MSEDCL and no authority to commission the lifts was obtained by the Respondent Nos. 1 to 3. In addition, in spite of the purported Occupancy Certificate, the said flat No. 3 was evidently not habitable especially for the senior citizens. the occupancy certificate obtained by the Respondent Nos. 1 to 3 is in contravention with Development Control and Promotion Regulations for regional plan areas. Page 15 of 29 SR COMPLAIN . T NOS. / N FACTS DATE OF O FILING S j.​ The Respondent sent possession letter notice dated l1.05.2024 with demand of total Rs. 9,96,310/- including Rs. 4,00,000/- towards maintenance deposit payable to Athashri Homes Pvt. Ltd. The maintenance deposit is payable to the society and not to the promoter/Respondent No. 1. Therefore, the demand of the Respondent Nos. 1 to 3 was in contravention with the said Agreement No. 3 and not binding on the Complainant. Further, the bank account in the name of society was already opened in the name of Forest Trails Athashri B_2 Co_operative Housing Society Ltd. in pursuance of the order dated 02.01.2024 passed by Assistant Registrar Co-operative Societies, Mulshi (paud), pune. The Complainant and the other 2 joint purchasers are/were always ready and willing to pay the due amounts as per the said agreement. However, the respondents No. 1 to 3 have compelled the complainant to pay the maintenance amount of Rs. 4,00,000/- in their account instead of the society account. The Complainant has paid the same under protest and without prejudice to their rights. k.​ The respondents offered possession of the said flat to the complainant. The complainant has accepted possession of the said flat under protest without prejudice to his rights to claim and recover compensation for the delay in possession, on 06.07.2024. CC12400207 a.​ The Complainants, in the year 2017, decided to purchase a 2-BHK flat (A-1304) (hereinafter referred to as the “said flat No. 4”) in the 24.09.2024 4.​ said project. The Complainants, as per the registered flat purchase agreement dated 27.11.2017 (hereinafter referred to as the “said Agreement No. 4”), paid part consideration of Rs. 38,76,190/- in Page 16 of 29 SR COMPLAIN . T NOS. / N FACTS DATE OF O FILING S instalments from 11.06.2017 to 30.04.2024 towards the purchase of the said flat as per the said Agreement. b.​ The Respondents failed and neglected to complete the said project and to deliver possession of the said flat No. 4 to the Complainants even after the agreed date of possession i.e., 31.07.2021 of the said flat. c.​ The Complainants, on various occasions, demanded a refund along with interest on the part consideration paid towards the said flat No. 4 from the Respondents. The Complainants also sent a legal notice dated 15.05.2024 to the Respondents. However, in spite of receiving the legal notice on 17.05.2024, the Respondents have failed and neglected to pay the compensation or part thereof, till date. d.​ The Respondents have failed to complete the said project in the agreed time period and also failed to pay the compensation for the delayed period. Hence, this complaint. CC12400985 a.​ The Complainants, in the year 2020, decided to purchase flats No. B-0203 and B-0204 (hereinafter referred to as the “said flat Nos. 5(a) 03.12.2024 and 5(b)), respectively, in the said project. b.​ The Complainants, as per the registered flat purchase agreement dated 28.12.2020 (hereinafter referred to as the “said Agreement 5.​ No. 5”), paid total consideration of Rs. 48,48,527/- and Rs. 47,82,447/-, respectively, for purchasing the said flat No. 5 (a) and 5 (b) to the Respondents which includes flat purchase price and taxes, stamp duty, registration fees, one year maintenance charges and one time maintenance charges. Page 17 of 29 SR COMPLAIN . T NOS. / N FACTS DATE OF O FILING S c.​ The Respondents failed and neglected to complete the said project and to deliver possession of the said flat No. 5 (a) and 5 (b) to the Complainants even after the agreed date of possession i.e., 31.01.2022 of the said flats No. 5. d.​ The Complainants, on various occasions, demanded a refund along with interest on the part consideration paid towards the said flat No. 5 (a) and 5 (b) from the Respondents. The Complainants also sent a legal notice dated 31.05.2024 to the Respondents. However, in spite of receiving the legal notice on 04.06.2024, the Respondents have neither paid the compensation or part thereof, nor replied to the legal notice till date. e.​ The Respondents have failed to complete the said project in the agreed time period and also failed to pay the compensation for the delayed period. Hence, this complaint. 7.​ The common submissions of the Respondents are as follows:- 8.​ The said project got delayed due to various reasons beyond control of Respondent. The original date for completion of the said project was 31.07.2021, however, on account of the pandemic situation which existed from March 2020 right up to March 2022, the Respondent faced several challenges like labor migrations and disruptions in supply of construction material and various funding by financial institutions. 9.​ Taking all these factual aspects into consideration, the Respondent obtained the extension of validity till 31.07.2023 and further the Respondent also duly applied to MahaRERA for extension of the period for completion of the said project and the same was extended till 31.07.2024. 10.​ Though while deciding complaints filed under the provisions of Section 18 of the said Act, the date for completion of the Project as given in the Agreement is to be Page 18 of 29 taken into consideration and not the extended date granted by MahaRERA for completion of the project. 11.​ The peculiar circumstances governing the said project need to be taken into consideration in the present case. The factors which have led to the inadvertent delay in completing the said project have been considered by MahaRERA for the purpose of extending the period for completion of the said Project and therefore the same need to be taken into consideration for the purpose of deciding the present complaint. 12.​ The brief submissions of the Respondents at in individual complaints at Sr. Nos. 1 to 5 are as follows: SR COMPLAIN . T NOS. / N FACTS DATE OF O FILING S a.​ As per the terms of the said Agreement No. 1, the possession in respect of the said flat No. 1 was agreed to be handed over by the Respondent to the Complainant on or before 31.07.2023. b.​ The Complainant has taken the possession of the said flat No. 1 on 25.06.2024 in pursuance of the receipt of Occupation Certificate dated 08.05.2024. According to the Complainant, he has paid part CC005000000 of the agreed consideration amount i.e. an amount of Rs. 421093 1.​ 41,15,058/- to the Respondent through instalments from May 2022 10.06.2024 to April 2024 and the balance consideration amount of Rs. 11,88,137/- was paid by the Complainant to the Respondent on 01.06.2024. However, the Complainant is claiming interest on the entire consideration amount of Rs. 52,15,185/- w.e.f. 31.07.2023 up to 31.05.2024 amounting to Rs. 3,72,070/-. The Complainant is seeking interest on part of the amount which has been admittedly paid after 31.07.2023 and therefore the said demand cannot be said Page 19 of 29 SR COMPLAIN . T NOS. / N FACTS DATE OF O FILING S to be legal and valid and thus, the Complainant is not entitled to the interest amount as claimed in the present proceedings. CC005000000 a.​ As per the terms of the said Agreement No. 2, the possession in 471329 respect of the said flat No. 2 was agreed to be handed over by the Respondent to the Complainant on or before 31.07.2021. 17.07.2024 b.​ The Complainant has taken the possession of the said flat No. 2 on 08.07.2024 in pursuance of the receipt of Occupation Certificate dated 08.05.2024. According to the Complainant, he has paid part of the agreed consideration amount i.e. an amount of Rs. 45,63,041/- to the Respondent through instalments from 11.06.2017 to 22.12.2023 and the balance consideration amount of Rs. 2.​ 7,59,030/- was paid by the Complainant to the Respondent on 01.06.2024 and 06.06.2024. However, the Complainant is claiming interest on the entire consideration amount of Rs. 49,15,607/- w.e.f. 31.07.2021 up to 30.06.2024 amounting to Rs. 15,55,585/-. The Complainant is seeking interest on part of the amount which has been admittedly paid after 31.07.2021 and therefore the said demand cannot be said to be legal and valid and thus, the Complainant is not entitled to the interest amount as claimed in the present proceedings. CC005000000 a.​ As per the terms of the said Agreement No. 3, the possession in 471329 respect of the said flat No. 3 was agreed to be handed over by the Respondent to the Complainant on or before 31.07.2021. 3.​ 17.07.2024 b.​ The Complainant has taken the possession of the said flat No. 3 on 26.07.2024 in pursuance of the receipt of Occupation Certificate dated 08.05.2024. According to the Complainant, he has paid part Page 20 of 29 SR COMPLAIN . T NOS. / N FACTS DATE OF O FILING S of the agreed consideration amount i.e. an amount of Rs. 19,88,639/- to the Respondent through instalments from 01.08.2021 to July 2024. However, the Complainant is claiming interest on the entire consideration amount which was paid after 31.07.2023 and therefore the said demand cannot be said to be legal and valid and thus, the Complainant is not entitled to the interest amount as claimed in the present proceedings. CC12400207 a.​ As per the terms of the said Agreement No. 4, the possession in respect of the said flat No. 4 was agreed to be handed over by the 24.09.2024 Respondent to the Complainant on or before 31.07.2021. b.​ The Complainant has taken the possession of the said flat No. 4 on 19.10.2024 in pursuance of the receipt of Occupation Certificate dated 08.05.2024. According to the Complainant, he has paid part of the agreed consideration amount i.e. an amount of Rs. 12,65,152/- 4.​ (excluding 3 taxes) to the Respondent through instalments from August 2021 to May 2024 till offer of possession. However, the Complainant is claiming interest on the entire consideration amount. The Complainant is seeking interest on part of the amount which has been admittedly paid later on and therefore the said demand cannot be said to be legal and valid and thus, the Complainant is not entitled to the interest amount as claimed in the present proceedings. CC12400985 a.​ As per the terms of the said Agreement No. 5, the possession in 5.​ respect of the said flat No. 5 (a) and 5 (b) was agreed to be handed 03.12.2024 over by the Respondent to the Complainant on or before 31.01.2022. Page 21 of 29 SR COMPLAIN . T NOS. / N FACTS DATE OF O FILING S b.​ The Complainant has taken the possession of the said flat No. 5 (a) and 5 (b) on 19.06.2024 in pursuance of the receipt of Occupation Certificate dated 08.05.2024. According to the Complainant, he has paid part of the agreed consideration amount i.e. an amount of Rs. 14,72,393/-for Flat No.203 and Rs. 14,72,391/-for Flat No.204 to the Respondent through instalments from August 2021 to June 2024. However, the Complainant is claiming interest on the entire consideration amount from date of filing to the possession of the said flat. The Complainant is seeking interest on part of the amount which has been admittedly paid later and therefore the said demand cannot be said to be legal and valid and thus, the Complainant is not entitled to the interest amount as claimed in the present proceedings. 13.​ The Complainants in complaint at Sr. No. 5 have filed rejoinder. The brief facts of the rejoinder as follows:- 14.​ The said Agreement No. 5 were executed on 28.12.2020. Beyond Covid period, and its exemption, the Respondents are not entitled to escape from the liability for the delay caused. The Respondents have not given any sufficient reason which will be tenable at law for the delay. The Complainant has admittedly paid the due amounts as per demand of the Respondents. 15.​ The Complainants are husband and wife. They intended to purchase two flats adjacent to each other in the same project. Therefore, all the questions of facts and law are same and arising out of same transaction. Hence one common complaint has been filed. Without prejudice to above, in the alternative, the complainants state that if the Authority directs to pay additional court fee, the complainants hereby undertake to pay the same. Page 22 of 29 16.​ The brief written submissions of the Complainants in Sr. Nos. 1 to 5 which are not repeated herein before are as follows:- COMPLAIN T NOS. / WRITTEN SUBMISSIONS/ARGUMENTS DATE OF FILING a.​ The said Agreement No. 1 was executed and registered on CC005000000 06.06.2022 which is after the pandemic period. The Respondent 421093 was aware of its financial conditions and entered into the said 1.​ Agreement No. 1 with possession date as 31.07.2023. 10.06.2024 b.​ The Complainant has admittedly paid the due amounts as per demand of the Respondents. CC005000000 471329 2.​ Repetition of complaint 17.07.2024 a.​ The said Agreement No. 3 was executed and registered on CC005000000 27.05.2021 which is during the pandemic period. The Respondent 471507 was aware of its financial conditions and entered into the said 3. Agreement No. 1 with possession date as 31.01.2022. 10.08.2024 b.​ The Complainant has admittedly paid the due amounts as per demand of the Respondents. CC12400207 Not uploaded 4. 24.09.2024 CC12400985 5. Repetition of Rejoinder 03.12.2024 17.​The brief submissions of the Respondents which are not repeated hereinbefore are as follows:- Page 23 of 29 WRITTEN COMPLAINT NOS. / DATE OF SUBMISSIONS/ARGUMENTS OF FILING RESPONDENT CC005000000421093 1.​ 10.06.2024 CC005000000471329 2.​ 17.07.2024 Repetition of reply CC005000000471507 3. 10.08.2024 CC12400207 4. 24.09.2024 CC12400985 5. Not uploaded 03.12.2024 18.​The said flat Nos. 1 to 5 are hereinafter collectively referred as “said flats” for the sake of brevity. 19.​Considering the pleading of the parties, the following points arise for my determination. My findings thereon are recorded as under for the reasons stated below: REASONS Sr. No. Points Findings 1. Whether the Complainants are entitled for a Affirmative direction against the Respondent to make payment of interest for delayed possession? 2. What Order? As per Final Order Page 24 of 29 Reasons for Point No. 1 20.​ In all the complaints, the Complainants have alleged that they had paid the entire consideration in all the complaints and that the Respondents have failed to handover possession on the agreed dates of possession mentioned in their respective Agreements. The Respondents have accepted the said contentions of the Complainants save and except that the project was delayed on account of Covid 19 Pandemic. The Complainants have referred to Agreements for Sale executed in the respective complaints and have also uploaded copies thereof in Sr. Nos. 1 to 3, whereas, no copies of Agreements have been brought on record in complaint at Sr. Nos. 4 and 5. Having said that, it is seen that the Respondents have not negated entering into Agreements with the Complainants. Moreover, in all the 5 complaints, the Complainants have been granted possession of their respective flats which means the Respondent has received the entire consideration amount from the complainants in Sr. Nos. 1 to 5. 21.​ As per the contention of the Complainants, as per the terms of the Agreements, the Respondent was to handover possession of the said flats on or before the dates mentioned in their respective Agreements. It is also seen that the Complainants have paid part payments with respect to their respective Agreements after the Respondents offered possession. Moreover, it is also seen that in complaint No. 5, the Complainants are claiming interest with respect to two flats, however, it is seen from the reply of the Respondents filed in the said complaint, that only one registered Agreement has been referred to have been executed and registered and hence, in the absence of evidence contrary to the said Agreement, this Authority has no reason to disbelieve that 2 flats were purchased vide a single registered Agreement. 22.​ Moreover, it is noticed that most of the facts and submissions of the Complainants in all the five complaints are identical. Additionally, each Complainants have stated that they have made the payment of entire consideration to the Respondents and the Respondents have also admitted to have received the entire consideration from the Complainants save and except that the part payment was made by the Complainants after the possession was offered by the Respondents to the Page 25 of 29 Complainants hence, the Complainants are not entitled to interest on the amounts which have been paid after the agreed date of possession. 23.​ From the pleadings of the parties, it is seen that the Complainants are mainly seeking prayer of interest for delayed possession in all the five complaints. Hence, it is imperative that the relevant provisions be perused. Section 18 deals with Return of amount and Compensation. Section 18 – Return of amount and Compensation “18. (1) If the promoter fails to complete or is unable to give possession of an apartment, plot or building,— (a) in accordance with the terms of the agreement to sell or, as the case may be, duly completed by the date specified therein; or (b) due to discontinuance of his business as a developer on account of suspension or revocation of the registration under this Act or for any other reason, he shall be liable on demand to the allottees, in case the allottee wishes to withdraw from the project, without prejudice to any other remedy available, to return the amount received by him in respect of that apartment, plot, building, as the case may be, with interest at such rate as may be prescribed in this behalf including compensation in the manner as provided under this Act: Provided that where an allottee does not intend to withdraw from the project, he shall be paid, by the promoter, interest for every month of delay, till the handing over of the possession, at such rate as may be prescribed...” 24.​ The aforesaid explicit provision under section 18 of the said Act clearly provides that on failure of the promoter to handover possession of the flat to the allottee on the agreed date of possession mentioned in the agreement for sale, the allottee has two choices either to withdraw from the project or to continue in the project. If the allottee intends to withdraw from the project, the promoter on demand of the allottee is liable to refund the entire amount paid by the allottee along with interest and compensation as prescribed under the said Act. If the allottee is willing to continue in the project, in that event, the promoter is liable to pay interest for the delayed possession. 25.​ Likewise, in the present complaints, the Complainants in all the five complaints have prayed interest for delayed possession since all the complainants have Page 26 of 29 received possession of their respective flats from the Respondents on different dates which are mentioned hereinabove. 26.​ As per the provisions of section 18 of the said Act, if the promoter fails to handover possession by the agreed date mentioned in the Agreement to Sale, the Promoter is liable to pay interest to the allottee and this provision does not provide for any waiver or disclaimer or exception on account of force majeure event happening. It is an absolute provision and the Hon’ble Supreme Court has also held in Newtech Judgment that the right of the allottee to seek reliefs in terms of Section 18 is unqualified right and hence, it is clear that remedy under the Section 18 is available to the allottee only after the promised date of possession/completion is expired and in the present complaints, promised or agreed date of possession in all the 5 complaints has lapsed on the respective agreed dates. Further, from the records it is observed that the said project is complete and possession has been received by all the Complainants Thus, it is proved that there is a delay on part of the Respondents regarding the handover of possession of the said flats to the Complainants with occupancy certificate in terms of the date of possession mentioned in the respective Agreements executed between the parties, which delay has stopped on the receipt of possession by the Complainants of their respective flats from the Respondents. 27.​ Therefore, after considering the aforementioned observations, provisions of the said Act, facts of all the five complaints before this Authority, submissions of the Complainants and the material placed on record, the Authority hereby concludes that the Respondent has failed to handover possession along with Occupancy Certificate by the dates of possession mentioned in the respective Agreements and as such, the Complainants in all the five complaints are entitled to seek reliefs under section 18 of the said Act for interest on account of delay in handover of possession, from the date as more specifically mentioned in the said Agreements which are tabulated as follows shall be considered for calculating interest on account of delay till the date the Complainants have received the possession of the said flats, respectively. Page 27 of 29 INTERES SR COMPLAIN DATE OF INTERES FLAT T TO BE .N T NOS. / Date of POSSESS T TO BE NO. / PAID O DATE OF AFS ION AS PAID WING TILL S. FILING PER AFS FROM CC005000000 1.​ 421093 A-1301 06.06.2022 31.07.2023 01.08.2023 24.06.2024 10.06.2024 CC005000000 2.​ 471329 A-205 31.10.2017 31.07.2021 01.08.2021 07.07.2024 17.07.2024 CC005000000 3.​ 471507 A-0110 27.05.2021 31.01.2022 01.02.2022 25.07.2024 10.08.2024 CC12400207 4.​ A-1304 27.11.2017 31.07.2021 01.08.2021 18.10.2024 24.09.2024 CC12400985 B-0203 28.12.2020 5.​ and 31.01.2022 01.02.2022 18.06.2024 03.12.2024 B-0204 28.​ Other reliefs sought by the Complainants at Sr. Nos. 1 to 5 stand rejected. 29.​ Since the Respondents have failed to handover the possession of the said flats on the agreed date of possession, the Complainants were constrained to file the present complaints, hence, the Complainants in all the five complaints are entitled for the cost of the present complaints. Hence, I answer the point No. 1 in affirmative and proceed to pass the following order: - ORDER Page 28 of 29 30.​ The complaints are partly allowed as follows:- a.​ The Complainants are entitled to claim interest for delay in handing over possession of the said flats on the amount paid to the Respondent towards consideration of the said flats till the respective agreed dates of possession mentioned in the respective Agreements for Sale and more particularly mentioned herein in the table at para no. 27 in the column “INTEREST TO BE PAID FROM” at the rate as prescribed under Rule 18 of the Maharashtra Real Estate (Regulation and Development) (Registration of Real Estate Projects, Registration of Real Estate Agents, Rate of Interest and Disclosures on Website) Rules 2017 till the date mentioned in column “INTEREST TO BE PAID TILL”. b.​ Needless to state here that the actual amount as provided under section 18 of the said Act means the amount paid by the Complainants as on the agreed date of possession mentioned in the respective Agreements towards the consideration of the said flats only, excluding the stamp duty, registration charges and taxes etc. paid to the government. c.​ The Complainants at Sr. No. 5 are directed to pay Rs. 5000/- to MahaRERA towards complaint filing fee. d.​ The Respondents from concerned complaints are directed to pay cost of Rs. 20,000/- to each Complainant in complaint Nos. 1 to 5, respectively towards the cost of the present complaints. RAVINDRA Digitally signed by RAVINDRA PADMAKARAO PADMAKARA DESHPANDE Date: 2026.03.17 16:58:38 O DESHPANDE +05'30' ​ ​ ​ ​ ​ ​ ​ ​ ​ (Ravindra Deshpande) ​ ​ ​ ​ ​ ​ ​ ​ ​ Member II, MahaRERA Date :- 17.03.2026 Page 29 of 29