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Can I challenge a builder's delay in Pune before the Maharashtra RERA?

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(@sujal pal)
Joined: 2 months ago
[#439]
My builder in Pune has repeatedly pushed back the possession date for my flat without adequate justification. What evidence do I need to succeed before MahaRERA, and can I claim compensation?

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(@advocate-mudit-pratap)
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Joined: 3 months ago

Yes, challenging a builder's delay before the Maharashtra RERA is not only possible but is the primary statutory remedy designed for exactly this situation. MahaRERA, established under the Real Estate (Regulation and Development) Act, 2016, has jurisdiction over all registered real estate projects across the state, including Pune, and it exists to hold promoters accountable when they miss committed possession dates. If your builder in Pune has delayed handing over your flat beyond the date specified in the registered agreement for sale, you have a clear right to approach MahaRERA rather than waiting indefinitely or accepting vague assurances.

The legal basis lies in Section 18 of the RERA Act, which entitles an aggrieved allottee to either exit the project with a full refund plus interest at the prescribed rate, or remain invested and claim monthly interest as compensation for every month of delay. To challenge the delay before MahaRERA, you would file a complaint through the authority's online portal, attaching your booking documents, the registered agreement for sale, payment proof, and the project's RERA registration number, which is usually available on the MahaRERA website itself.

MahaRERA proceedings are comparatively quicker than regular civil courts, and hearings are conducted before an adjudicating officer or the full authority depending on the nature of relief sought. A significant advantage is that MahaRERA orders are enforceable directly, and non-compliance can invite penalties on the builder, including deregistration of the project in serious cases. This gives homebuyers genuine leverage that wasn't available before RERA came into force.

It's worth noting that even projects that were delayed before your purchase, if the promoter has revised the possession date without proper disclosure or consent, may still be challenged, since MahaRERA takes a strict view of unilateral timeline extensions. If your builder in Pune has offered a revised possession date informally without amending the registered agreement, that too can form the basis of your complaint.

Before filing, it's wise to have your documentation reviewed so the complaint clearly quantifies your claim, and our panel of retired judges is available to advise on the likely compensation range based on comparable MahaRERA orders. For drafting and representation, the team at Aapka Legal Advice regularly appears before MahaRERA benches on behalf of Pune homebuyers.

If the builder disputes MahaRERA's order, you or they may appeal to the Maharashtra Real Estate Appellate Tribunal within the prescribed limitation period, so it helps to have consistent representation through both stages. You should also preserve all WhatsApp and email correspondence with the builder, since these often become crucial evidence of admitted delay.

For specialised support in Pune, you can consult Top Property Lawyers in Pune | Aapka Legal Advice, who can assess your specific project's RERA compliance history before you file.

In conclusion, challenging a builder's delay before Maharashtra RERA is both viable and often the most effective route for Pune homebuyers seeking accountability and compensation.


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