Tribunal orders builder to hand over 19 Ulwe flats within 30 days of receiving dues

The festival season has brought hope for 19 flat buyers in Ulwe, Navi Mumbai. The homes for which they paid about ten years ago may now be within reach. The Maharashtra Real Estate Appellate Tribunal has directed M/s Prathamesh Construction to hand over possession within 30 days of receiving the outstanding amount from the buyers.

In its order of November 4, 2026, the bench of Chairperson Justice S S Shinde and Member (A) Shrikant M Deshpande partly allowed all 19 possession applications. The bench also barred the developer from creating third-party rights in these flats.

Promoter Ajit S Singh disputes the buyers' claims. He alleges that some buyers have produced forged receipts. He has said he will challenge the order in the Bombay High Court.

The buyers signed agreements for sale between 2012 and 2015, and possession was promised by December 2016. Even after paying a substantial amount, and in some cases the full price, they faced a delay of eight to nine years.

The dispute arose when MahaRERA, in a review order of December 13, 2023, withdrew its ex parte order of January 24, 2022. That order had asked the promoter to complete the work and pay interest on the delayed possession. The buyers then approached the Appellate Tribunal.

The promoter received the occupancy certificate (OC) for these flats on December 1, 2023. The Tribunal said that under Sections 19(3) and 19(10) of the RERA Act, allottees are entitled to possession once the OC is issued. After examining bank statements, receipts and accounts from both sides, the Tribunal fixed the outstanding amount for each buyer.

Under the order, the promoter must hand over the flats within 30 days of receiving the dues. The buyers must also pay the balance price and the undisputed possession charges within 30 days. Both sides must file affidavits of compliance within 60 days. The promoter can neither create third-party rights in the flats nor act on the earlier termination notices. Disputes over the outstanding amount, additional charges and interest for delay will be decided at the hearing of the main appeals.

Advocate Anil D'Souza, who represents most of the buyers, welcomed the interim relief. He said the order has brought the buyers closer to possession, though the larger financial disputes are yet to be decided.

Ajit S Singh said: "Project 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 soon." He alleges that some complainants had not paid the full amount.

On the allegations, D'Souza said the developer himself had asked for the cash payments and had issued receipts for them. In his words: "When he himself demanded the payments and issued receipts, how can he deny them? These are middle-class taxpayers who used their life's savings and complied with the builder's 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 flats."

Sachidanand Shetty, a retired scientific assistant at BARC, said: "After a fight of more than ten years, this is a true Diwali for us. I booked in 2012 and delivery was due in 2016. By 2015 the project was 90 per cent complete, but the OC kept getting stuck because of the developer's wrong paperwork. The developer had also illegally rented out our flats. I live on rent in Kharghar and have been paying loan instalments since 2021. We have got the right to possession, and our lawyers will soon file a review petition on the remaining technical issues."

H N Lal, a retired scientific officer at NPCIL and secretary of Prathamesh Harmony CHS, said: "Even before getting the keys, we had formed the Prathamesh Harmony Cooperative Housing Society in Ulwe. We booked flats in 2010 for Rs 26 lakh, but the developer abandoned that project and shifted us to a costlier option in Ulwe at Rs 55 lakh. Most of us are government employees, and we paid every paisa, including the cash portion. Three members died during this fight. We are ready for the last legal battle in January."