MahaRERA Grants Relief to 13 Goregaon Homebuyers in Delayed Arista Project

The Maharashtra Real Estate Regulatory Authority (MahaRERA) has issued a comprehensive order granting relief to 13 families who had filed complaints against Sahajanand Developers and its proprietor, Jitendra Brahmbhatt, over prolonged delays in the Arista project located in Goregaon, Mumbai.

The Authority, in its order, held that it is fit to direct the promoter to execute and register agreements for sale with the respective allottees, in accordance with the respective allotment letters, within 60 days from the date of the order. Advocate Anil D’Souza appeared on behalf of several investors and complainants in the case.

Project Completion Timeline Repeatedly Extended

As per the consolidated complaints registered before the Authority, the MahaRERA-registered project saw its completion dates repeatedly pushed back. Originally scheduled for completion by December 2019, the deadline was unilaterally extended multiple times—first to December 2022 and eventually to December 2025.

Multiple Complaints Clubbed For Hearing

Thirteen separate complaints were clubbed together for hearing, representing a wide range of grievances from homebuyers who had paid substantial portions of their flat consideration—some as high as 95 per cent—without receiving possession or even registered agreements for sale.

Developer Cites Force Majeure And Buyer Defaults

Sahajanand Developers argued that the delays were caused by force majeure events, including the COVID-19 pandemic and delays in obtaining approvals from authorities. The developer also contended that some buyers had defaulted on payments and that certain reliefs, such as pre-EMI enforcement and compensation for mental agony, fell outside the jurisdiction of RERA.

Authority Directs Refunds Or Interest For Delayed Possession

The Authority, presided over by MahaRERA Chairperson Manoj Saunik, addressed several critical issues. With regard to refunds with interest, the Authority directed that complainants seeking to withdraw from the project be refunded the total amount paid, excluding taxes and statutory charges such as stamp duty, within 60 days.

Interest Rate Fixed For Continuing Allottees

For complainants continuing with the project, the developer has been held liable to pay interest for every month of delay from the promised possession date until actual handover. The interest rate has been fixed at the State Bank of India’s Marginal Cost of Lending Rate (MCLR) plus 2 per cent.

COVID Moratorium Plea Rejected

The Authority further clarified that the developer is not entitled to claim the benefit of a “moratorium period” under COVID-19-related notifications for the majority of the complaints, as those notifications were found to be inapplicable to the present cases.

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