The Bombay High Court has directed the Maharashtra Government to resolve a long-pending flat possession dispute within six weeks. The case involves a buyer who alleged non-compliance with a MahaRERA order issued in 2021. Despite paying a significant portion of the property cost, possession was not granted. The court’s directive highlights delays in the enforcement of regulatory decisions and raises concerns about homebuyer protection in real estate disputes.
Bombay High Court Directs Maharashtra Govt to Resolve MahaRERA Dispute in 6 Weeks
The Bombay High Court has directed the Maharashtra Government to resolve a flat buyer dispute within six weeks, after a regulatory order remained unimplemented for nearly two years. The direction was issued on January 4 by a division bench comprising Justices G S Kulkarni and F P Pooniwalla.
The case relates to a complaint filed by Chanchal Rastogi and others, who alleged that a directive issued by MahaRERA in February 2021 was not complied with by the developer. The court noted that the delay required urgent intervention and asked the state to act within a defined timeline.
According to court records, the petitioners had booked a flat in the Omkar Alta Monte project located in Malad East, Mumbai, in September 2012. The total consideration was over ₹4.73 crore, of which nearly 90 percent was paid. The agreement, executed in May 2013, promised possession by June 2017.
However, possession was not granted within the stipulated period. The buyers then approached MahaRERA in December 2019 seeking relief. In its order dated February 12, 2021, MahaRERA directed the developer entities to pay interest from July 2018 until the Occupation Certificate (OC) was obtained.
The petitioners alleged that despite the order, there was no compliance by the developer. They further stated that an application was filed in August 2021 for execution of the order, but no meaningful progress followed.
Flat Buyer Waits Years: Court Orders Swift Action in MahaRERA Non-Compliance Case
During a hearing held in June 2022, the developer was given time to resolve the issue. However, the matter remained pending, according to the petitioners. They also alleged that repeated communications seeking expedited action did not receive a response from the authority.
The buyers further claimed that the Occupation Certificate obtained was limited to a bare shell structure and did not include promised amenities. This, they said, added to their financial burden as they continued to stay in rented accommodation in Mumbai.
The petition was filed seeking directions to expedite the hearing and ensure effective implementation of the MahaRERA order. Legal representatives from both sides appeared before the court during the proceedings.
A spokesperson from MahaRERA stated that necessary action would be taken against the developer if possession is not handed over as directed.
The court’s order highlights ongoing concerns around delays in the enforcement of regulatory decisions in the real estate sector. It also underscores the challenges faced by homebuyers in securing timely possession despite favourable rulings.
