MahaRERA Orders Pune Developer to Refund Buyer Without Interest in Kharadi Dispute

Kharadi, 4th May 2026: In a significant ruling, the Maharashtra Real Estate Regulatory Authority (MahaRERA) has directed Pune-based developer Onyx Promoters LLP to refund a substantial booking amount to a homebuyer for a commercial unit in Kharadi. However, the authority firmly rejected the buyer’s plea for interest and compensation, citing an “inordinate and unexplained” delay of over five years in filing the complaint.

The order, pronounced on April 29, 2026, by MahaRERA Member-I Mahesh Pathak, pertained to a complaint filed by Akhila and Madhukar Mangalvedhekar regarding an office space (Office No. 303) booked in the “Gagan Avencia” project in Kharadi, Pune.

According to the complaint, the buyers booked the commercial premises in March 2019 for a total consideration of Rs. 46,57,400. They paid approximately Rs. 29.30 lakh (over 60% of the cost) inclusive of taxes. However, no official allotment letter or registered Agreement for Sale was ever executed. The complainants alleged that the developer failed to provide clarity on the project’s commencement and illegally altered sanctioned plans by constructing MHADA residential units on upper floors instead of keeping the building purely commercial. Consequently, the buyers cancelled their booking via email on March 18, 2020, and demanded a full refund with interest.

Onyx Promoters LLP contested the claims, stating that the complainants were mere investors, not genuine allottees, who had voluntarily cancelled their booking. The developer also pointed out that the complaint was filed in October 2025—more than five years after the cancellation—making it barred by delay. Furthermore, the builder denied any unauthorized change in plans, stating the project possessed all necessary mixed-use sanctions from the beginning.

MahaRERA’s observations highlighted several lapses on the part of the buyers. The Authority noted that the buyers had voluntarily paid more than 10% of the flat value without insisting on a registered agreement, making them equally responsible for the transaction’s legal shortcomings. Furthermore, the Authority stated that the buyers failed to submit any cogent documentary proof regarding the alleged illegal change in sanctioned plans. Crucially, MahaRERA highlighted that the buyers exited the project in 2020, long before the project’s official completion date of September 2025, and then waited until late 2025 to file a complaint without any reasonable explanation.

While MahaRERA dismissed the buyers’ demands for interest and compensation, it noted that the developer had previously assured a refund during hearings but failed to act on it. Partly allowing the complaint, MahaRERA directed Onyx Promoters LLP to refund the money paid by the complainants without any interest, after deducting 2% of the total flat consideration (excluding statutory dues) as per the Authority’s cancellation guidelines. The developer has been given 30 days to process this refund, failing which they will be liable to pay interest at the RERA-prescribed rate until the amount is fully realized.