MahaRERA orders developer to refund homebuyers: The Maharashtra Real Estate Regulatory Authority (MahaRERA) has ordered a developer to return the money that homebuyers could prove they had paid for flats, along with applicable interest.
The case involved the Swami Krupaa project and raised a major issue for buyers. The flats booked by the buyers were on the sixth and seventh floors, but the available Commencement Certificate (CC) only allowed construction up to the fifth floor. The project is registered with MahaRERA under P51900003138.
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The buyers said they were told that approval for the extra floors would be obtained later. However, the required documents showing such approval were not produced.
Why the Sixth and Seventh Floors became a Problem
The CC dated October 22, 2010, allowed construction only up to the fifth floor. Despite this, allotment letters were issued for Flat 603 on the sixth floor and Flat 703 on the seventh floor.
The buyers said they booked these homes after being assured that the developer would get the necessary permissions for the additional floors later.
MahaRERA also noted that architect certificates from 2017 and 2019 didn’t show progress on the upper floors. No later approval or relevant architect certificate was placed on record to prove that the sixth and seventh floors had received the required sanction.
The project’s RERA records list a sanctioned height of G+5, which means the approved structure extends to a ground floor plus five upper floors. For buyers, the important point is that simply having a RERA number doesn’t mean every flat or floor being sold is approved. The actual sanctioned plans and permissions need to be checked.
What homebuyers should check before paying
The documents submitted in the case helped establish the buyers’ position. Payment records, details about the project’s status, the lapsed registration and the absence of later approvals were important parts of the dispute.
Buyers shouldn’t depend only on what a sales representative says. Any promise about a future approval should be supported by an actual document. Before paying a large amount for a flat, buyers should check:
- Commencement Certificate: Check the exact construction allowed under the CC.
- Sanctioned plan: Make sure the particular flat and floor are included in the approved plan.
- Later approvals: Ask for the actual document if the builder says extra floors were approved later.
- RERA records: Check the registration number, approved plans and project filings on the MahaRERA portal.
- Agreement for sale: Make sure the agreement is executed and the flat details match the approved documents.
- Payment trail: Use bank channels where possible and keep receipts and written acknowledgements for every payment.
- Written promises: Don’t depend only on verbal assurances about approvals, possession or construction.
The Swami Krupaa project was registered in August 2017 and had a promoter-declared completion date of June 30, 2021. Current RERA-linked records continue to list the project as having a G+5 sanctioned height.
