
A Mumbai family lost a ₹50.6 lakh compensation claim for a 2-year possession delay after MahaRERA ruled they accepted the flat without raising objections at handover.
A Mumbai family that bought an apartment for ₹1.05 crore lost their bid for ₹50.6 lakh in interest compensation after MahaRERA ruled they could not claim delay damages once they accepted possession without objection.
The homebuyers signed a sale agreement on February 25, 2022. The builder promised possession by June 30, 2022. They finally got the keys on March 15, 2025 – a delay of more than two years, according to an Economic Times report.
The family sued under Section 18 of the RERA Act, which allows homebuyers to seek interest on payments if possession is delayed beyond the promised date. They wanted 18% annual interest on all amounts paid, from each payment date until the possession date – about ₹50.6 lakh.
MahaRERA turned them down. The authority said the couple had taken handover of the flat without raising any concerns, without asking for a formal possession letter, and without noting the delay in writing at the time of handover. That acceptance, the ruling held, extinguished their right to later claim compensation.
The builder's lawyers argued that Clause 25 of the sale agreement allowed extensions for statutory approvals and force majeure. They also pointed out the buyers had not cleared all dues when they took possession.
The family also claimed the builder failed to provide promised common amenities. MahaRERA rejected that argument too. The homebuyers had submitted no photographs, documents, or other evidence to support the allegation.
The ruling came on July 2, 2026.
For homebuyers, the decision sets a clear legal marker. Accepting possession without a formal handover letter and without recording objections at the time can block any later claim under RERA, even if the delay was significant. The authority noted that Section 18 does not prescribe a limitation period, but grievances must be raised before the project is completed and possession is accepted – not at a date of the buyer's choosing.
The family had made partial payments even before signing the agreement and continued paying afterward. They made a payment on March 10, 2025, just days before possession. The builder allegedly did not issue receipts, but the family still took the keys without protest.
Real estate investors tracking RERA litigation will watch for whether this reasoning is tested on appeal. If upheld, it strengthens the incentive for buyers to formally document every handover issue the day they take possession. A written complaint at that point – even if the keys are accepted – could preserve the right to claim later. Without it, the ruling suggests, the delay claim dies.
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