Maharashtra REAT Directs Builder To Hand Over Flat After OC Issued But Possession Not Offered

The Maharashtra Real Estate Appellate Tribunal (MahaREAT) has directed a builder to hand over possession of a flat to homebuyers after they deposit the outstanding amount, holding that the promoter was duty-bound to hand over possession after the project received its Occupancy Certificate (OC) and the buyers expressed their willingness to pay the balance.

A Bench of Chairperson Justice S.S. Shinde and Administrative Member Dr. Rajagopal Devara held that the promoter was duty-bound to hand over possession given the allottees' willingness to pay the outstanding amount.

"Therefore, given the Allottees willingness to fulfil their obligation to pay the balance consideration amount, the Non-Applicant/Promoter is duty bound to hand over possession," the tribunal observed.

The allottees had purchased the flat for ₹1.29 crore and paid approximately 91% of the consideration, besides ₹6.49 lakh towards stamp duty and ₹30,000 towards registration charges.

The Authority had earlier directed the promoter to pay interest on the actual amount paid towards consideration from July 1, 2023, until possession was handed over along with the OC. The allottees challenged the order, contending that the relief granted was inadequate.

The project received its OC on February 3, 2026, but the promoter did not offer possession. The allottees approached the tribunal, pointing out that they were still living in rented accommodation and paying rent alongside their home loan EMIs. They had also expressed willingness to pay the outstanding amount through an email dated April 4, 2026, and WhatsApp messages.

The promoter opposed the application, arguing that it sought fresh relief based on subsequent events and went beyond the scope of the pending appeal. It also argued that the OC alone did not justify a direction to hand over possession.

The tribunal noted that the payment of 91% of the consideration was undisputed. It referred to Section 19(10) of the RERA Act, which requires allottees to take possession within two months of the OC and expects promoters to offer possession.

The allottees' affidavit showed ₹19,67,905 outstanding towards consideration and other charges. Finding merit in their request, the tribunal directed them to deposit the amount within four weeks and notify the promoter. The promoter must hand over possession within one week of receiving the intimation. The directions will not affect the parties' contentions in the pending appeal.