MahaRERA Orders Shree Tirupati Builders to Fulfill Post-Possession Duties in Dadar Society Dispute

In a move that could reshape builder accountability in Maharashtra, the Maharashtra Real Estate Regulatory Authority (MahaRERA) recently issued a landmark order compelling Shree Tirupati Builders to fulfill critical post-possession obligations owed to Safalya Cooperative Housing Society (CHS) in Dadar East. The ruling, which comes after years of unresolved issues, signals stronger enforcement of homebuyer rights under the Real Estate (Regulation and Development) Act (RERA).

The Complaint That Sparked the Action

Unfulfilled Legal Commitments

Safalya CHS approached MahaRERA with a list of grievances, chief among them the builder’s failure to execute the deed of conveyance and lease agreements in favor of the society, which are critical for legal ownership and control of the property.

Lack of Completion Certificate

The society also highlighted that Shree Tirupati Builders had not secured the necessary completion certificate from the municipal authorities—an essential document for full occupancy and legal validation.

Structural Repairs and Maintenance Delays

Key structural problems remained unresolved, including leakage-prone areas over the car lift and terrace garden. Residents also reported no action taken on structural defect corrections despite repeated complaints.

Reimbursement for Essential Expenses

Residents had paid ₹13.69 lakh for maintenance and ₹2.98 lakh for fire-fighting systems from their own pockets—costs that ideally should have been covered by the developer as part of promised deliverables.

Incomplete Amenities and Promises

Amenities such as a functional society office, security cabins, piped gas connection, gymnasium, and a rainwater harvesting system were left unfinished, despite being included in the original project brochure.

Parking Issues Persist

The builder also failed to repair or replace the defective stack parking system. Moreover, official allotment letters for individual parking spaces were never issued, leaving residents in uncertainty.

Call for Extended Warranty

In light of the ongoing defects and delays, the society demanded an extension of the warranty period covering structural and workmanship issues, citing repeated lapses in the builder's responsibilities.

MahaRERA’s Verdict: Enforcing Accountability

Builder Obligations Under RERA

After evaluating the complaint, MahaRERA found Shree Tirupati Builders in violation of several sections of the RERA Act:

• Section 11(4): Requires builders to obtain completion certificates, maintain essential services, and execute the conveyance deed until handover.
• Section 14: Mandates adherence to sanctioned plans and rectification of structural defects for up to five years post-possession.
• Section 17: Obligates promoters to register and execute the conveyance deed and hand over all documents to the society.

Builder Ordered to Act Immediately

MahaRERA directed Shree Tirupati Builders to immediately begin compliance by:

• Fulfilling all pending obligations without further delay
• Ensuring rectification of defects and delivery of committed amenities
• Permitting the society to file a fresh application with the adjudicating officer to determine compensation, if required

This ruling is being hailed as a significant reinforcement of homeowner rights under RERA and a warning to other developers about the cost of neglecting post-possession duties.

Broader Impact on the Real Estate Sector

A Precedent That Builders Must Note

The MahaRERA decision sets a precedent, making it clear that builders cannot evade obligations once possession is granted. Homebuyers now have a stronger legal foundation to assert their rights.

Boost for Housing Societies and Buyers

More societies may come forward with similar complaints, empowered by the belief that regulatory mechanisms will stand by them. This, in turn, could lead to an overall improvement in industry standards and buyer confidence.

Conclusion

The MahaRERA order in favor of Safalya CHS is more than a legal win—it is a moral victory for countless homeowners across Maharashtra. It sends a clear message that regulatory bodies are ready to uphold the interests of residents and hold developers to account, even after possession is handed over. With this development, Maharashtra’s real estate sector takes a step toward greater transparency, accountability, and trust.

Disclaimer: This article is for informational purposes only. Readers are advised to consult relevant legal and regulatory authorities for professional guidance related to real estate disputes and MahaRERA rulings.