MahaRERA Orders Atul Builders to Pay Interest for Delayed Possession in Solitaire Business Hub

Pune, 24th April 2026: The Maharashtra Real Estate Regulatory Authority (MahaRERA) has held Atul Builders and M/s Creative Landmarks liable for delayed possession in their commercial project, “Solitaire Business Hub,” located in Baner, Pune.

In an order passed on April 23, 2026, MahaRERA Member Ravindra Deshpande directed the promoters to pay interest to several complainants for the period of delay between the promised possession dates and the date of obtaining the full Occupancy Certificate (OC).

The case involved a cluster of six complaints filed by various allottees, including Dhananjay Kate, Shyam Manohar Juriasinghani, and others. The buyers alleged that despite paying substantial amounts—in some cases over 90% of the total consideration—the promoters failed to hand over their units by the timelines stipulated in their Agreements for Sale, which ranged from late 2021 to 2024.

The project, registered under MahaRERA No. P52100008740, was a joint venture between Atul Builders and Creative Landmarks. While the promoters argued that delays were caused by “force majeure” events, including COVID-19 and subsequent labor shortages, the buyers contended that the project remained incomplete well past the legal extensions granted by the Authority.

The Authority rejected the promoters’ preliminary objections regarding the maintainability of the complaints. The promoters had argued that some complaints were filed in the wrong format or lacked necessary parties. However, MahaRERA ruled that such technicalities do not override the substantive right of allottees to seek relief under Section 18 of the RERA Act.

The Authority noted that while a part OC was obtained in 2023 and 2024, the Full Occupancy Certificate was only issued on December 12, 2025. This established a clear breach of contractual obligations, as the promised possession dates had expired years earlier.

The Authority granted the following reliefs:

Interest Payouts: The promoters must pay interest for every month of delay from the revised possession dates (starting as early as July 2023 for some units) until December 12, 2025. Prescribed Rates: The interest is to be calculated at the rate prescribed under Rule 18 of the Maharashtra Real Estate Rules. Set-off against Dues: The interest amounts will be set off against any balance dues owed by the homebuyers at the time of handing over possession. Moratorium Benefits: The Authority allowed the promoters to claim benefits of the “moratorium period” granted during the pandemic for certain eligible contracts, excluding those executed after the pandemic’s outbreak.

This order reinforces the “strict liability” regime for developers regarding project timelines. By invoking Section 18, MahaRERA has ensured that the financial burden of the delay is shared by the promoters rather than the homebuyers. The complainants have also been granted liberty to approach the Adjudicating Officer separately for compensation regarding mental agony and litigation costs.