Rera Update | Maha Rera Tribunal Orders Full Refund, Including Other Costs

In a significant ruling, the Maharashtra Real Estate Appellate Tribunal ("Tribunal") has upheld the rights of homebuyers under Section 18 of the Real Estate (Regulation and Development) Act, 2016 ("RERA"), directing the promoter of the Ekta Parksville project in Vasai to refund the entire amount paid by the complainants, including stamp duty, registration fees, MVAT, pre-EMI payments, and loan settlement costs. The appeal was filed against the Maharashtra Real Estate Regulatory Authority ("MahaRERA") order seeking a full refund due to delays in possession beyond the agreed timeline.

Brief Facts:

The complainants booked a flat in the Promoter's Project, Ekta Parksville, for ₹32,17,400/- and executed an Agreement for Sale on 2 December 2014, with possession promised by December 2016. The complainants made payments amounting to ₹11,00,298, while HDFC disbursed ₹23,80,876 as a housing loan directly to the promoter. However, possession was delayed beyond the