The MahaREAT recently ruled that a builder can't use the MHADA-MCGM planning authority dispute as an excuse for delaying possession of an apartment to homebuyers for over three years, especially since the agreed possession date had already expired before the dispute was resolved.
The Maharashtra RERA Appellate Tribunal (MahaRERA) pointed out that the MHADA-MCGM dispute existed before the possession date. The sale agreement was signed on March 22, 2015, stating that possession would be given 30 months later, on September 22, 2017. However, the MHADA-MCGM dispute was resolved in May 2018, and yet the builder obtained the full occupation certificate for the apartment only in April 2021.
