Navi Mumbai: Tribunal directs Ulwe builder to hand over flats to 19 buyers within 30 days

For 19 flat buyers in Ulwe Navi Mumbai this Diwali brings the prospect of finally entering homes they paid for nearly a decade ago The Maharashtra Real Estate Appellate Tribunal has directed Ms Prathmesh Construction to hand over possession within 30 days of receiving the buyers outstanding duesIn its November 4 2026 order a bench comprising Chairperson Justice S S Shinde and Member A Shrikant M Deshpande partly allowed all 19 possession applications and restrained the developer from creating thirdparty rights over the flatsHowever promoter Ajit S Singh has disputed the buyers claims alleging that some have relied on forged receipts and saying he will challenge the order before the Bombay High CourtA decadelong waitThe buyers had entered into agreements for sale between 2012 and 2015 with possession promised by December 2016 Despite paying substantial amounts and in some cases the entire consideration they faced delays of eight to nine yearsThe dispute arose after MahaRERA in a December 13 2023 review order recalled its earlier exparte order of January 24 2022 which had directed the promoter to complete the work and pay interest for delayed possession The buyers then approached the Appellate TribunalOC obtained possession still pendingThe promoter secured an occupation certificate OC for the flats on December 1 2023 The Tribunal noted that under Sections 193 and 1910 of the RERA Act allottees are entitled to possession after an OC is granted After examining bank statements receipts and calculations submitted by both sides the Tribunal specified the outstanding amounts payable by each buyerWhat the tribunal orderedPossession The promoter must hand over the flats within 30 days of receiving the outstanding paymentsPayment Buyers must clear their outstanding consideration and undisputed possession charges within 30 daysCompliance Both parties must file compliance affidavits within 60 daysProtection The promoter cannot create thirdparty rights over the flats or act on earlier termination noticesFurther proceedings Disputes over outstanding amounts additional charges and delay interest will be decided when the main appeals are heard on meritsAdvocate Anil DSouza who represented most of the buyers welcomed the interim relief saying the order had brought them closer to finally taking possession The broader financial disputes however remain to be decidedPromoter plans legal challengeDisputing the buyers claims promoter Ajit S Singh alleged that some complainants had not paid the full consideration and had submitted forged receipts ldquoProject was ready in 2015 For reasons best known to these complainants they never took possession even after I reminded them in 2016 2019 and 2023 They are mere investors I will consult my lawyers and challenge this order before Bombay HC soonrdquo he saidBuyers advocate hits backResponding to the allegations Advocate Anil DSouza said the developer himself had demanded the cash payments and issued receipts for them ldquoWhen he himself demanded the payments and issued receipts how can he deny them These are middleclass taxpayers who used their lifes savings and complied with the builders demands Most of the payments had already been made yet the allottees remained stuck Even after obtaining the OC he continued to withhold possession The Tribunal has rightly issued a stern order directing him to hand over the flatsrdquo he saidBuyers speakSachidanand Shetty retired scientific assistant BARClsquoThis is a true Diwali for us after fighting for over a decade for possession I booked in 2012 for delivery in 2016 Although the project was 90 per cent complete by 2015 defective documentation by the developer repeatedly delayed the occupation certificate The developer had also rented out our flats illegally As a retired BARC scientific assistant living on rent in Kharghar while servicing a loan since 2021 this interim order finally lights up our festival While we have secured the right to physical possession our advocate will soon file a review petition regarding the remaining technical issuesrsquoHN Lal retired scientific officer NPCIL and secretary Prathmesh Harmony CHSlsquoWe formed the Prathmesh Harmony Cooperative Housing Society in Ulwe even before getting our keys After booking flats in 2010 for Rs 26 lakh the developer abandoned that project and moved us to a costlier Rs 55 lakh alternative in Ulwe Most of us are government employees who paid every penny including cash components demanded by the developer only to face endless delays Three members sadly passed away during this battle While this interim order finally secures our right to possession we are ready for the final legal fight in Januaryrsquo