Solo Homebuyer Defeats 11 Builders in Landmark RERA Case After Six-Year Legal Fight
In a precedent-setting ruling, MahaREAT ordered full RERA registration of a stalled Mumbai housing project, reaffirming that incomplete developments must be treated as active projects—offering new hope to buyers across Maharashtra.
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Tribunal orders complete RERA registration within 60 days
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Earlier 2019 order allowing partial registration overturned
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Ruling strengthens buyer rights in unfinished pre-RERA projects
Mumbai: In a major boost for homebuyer rights, a single flat owner has secured a landmark verdict from the Maharashtra Real Estate Appellate Tribunal (MahaREAT), compelling developers of the long-delayed Nilkanth Kingdom project in Vidyavihar (West) to complete full registration under the Real Estate Regulatory Authority (RERA) within 60 days.
The ruling overturns MahaREAT’s earlier June 18, 2019 order, which had allowed registration only for pending amenities. In its latest decision, the tribunal clarified that when Completion and Occupation Certificates (CC/OC) are still pending and a project remains unfinished, the entire development must be treated as an active project—and registered accordingly under RERA.
What the tribunal clarified
According to the flat owner’s lawyer, the judgment reinforces the core intent of RERA: developers cannot escape responsibility simply because partial possession was given before the law came into force. Legal experts believe this interpretation could have wide-ranging consequences for several pre-RERA projects across Maharashtra that remain incomplete years after handover.
A project delayed for nearly two decades
Nilkanth Kingdom comprises seven residential buildings constructed on leased land. The project was launched in 2005, with possession originally promised by 2008. However, internal disputes among developers and prolonged legal complications pushed timelines back by several years.
By 2012–13, the structures were largely ready, but buyers received only fit-out possession. Even today, key shared facilities such as the clubhouse and swimming pool are unfinished, leaving residents without promised amenities despite having moved in.
One homeowner, eleven builders
What makes the case exceptional is that the appeal was pursued by just one flat owner, Stuti Galiya of N K Avanti CHS. Nearly 499 other buyers and seven housing societies chose not to join the prolonged legal process.
Over six years, she took on 11 developers—most represented by leading law firms—entirely on her own. Her persistence ultimately led to a decision that many believe will benefit thousands of homebuyers facing similar issues.
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Why this judgment matters
With this order, MahaREAT has reinforced RERA’s authority over incomplete projects. Developers are now legally bound not only to finish construction but also to safeguard the collective interests of allottees through full regulatory compliance.
For homebuyers across Maharashtra, the verdict sends a clear message: unfinished projects cannot be left in regulatory limbo, and even a single determined buyer can help trigger systemic accountability.
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