Date of Order: 13th June 2025
Case Title: Ramnarayan Kuber Gupta & Anr. vs. Amber Capro Pvt. Ltd.
Complaint No.: CC006000000292800
Forum: Maharashtra Real Estate Regulatory Authority (MahaRERA)
Advocate for Complainants: Adv. Sulaiman Bhimani, and Adv. Sharon Fernandez The Law Suits

In yet another landmark victory for homebuyers, The Law Suits successfully secured relief for its clients Mr. Ramnarayan Kuber Gupta and Mrs. Geeta Gupta before the MahaRERA Authority against Amber Capro Pvt. Ltd., the developer of the Amber Empire project in Chembur, Mumbai.

The order, delivered on 13th June 2025 by Hon’ble Member Shri Ravindra Deshpande, held the developer guilty of failing to deliver possession of the flat despite having received substantial consideration and having committed to a possession date of 31st December 2019 in the registered Agreement for Sale.

Key Facts of the Case

• In June 2016, the complainants booked a 1 BHK flat (Flat No. 601) for a total consideration of ₹60,00,000.
• By August 2021, they had paid a substantial sum of ₹39,00,000, amounting to nearly 65% of the total price.
• The Agreement for Sale, registered on 09.04.2019, specified the possession date as 31.12.2019.
• Despite repeated follow-ups, possession was not handed over, and the developer failed to even complete the flat structure.
• Arbitrary demands were made by the builder in July 2021 for the entire balance amount, despite the incomplete status of the project.
• Crucial documents were withheld by the developer, thereby sabotaging the complainants’ attempt to obtain a sanctioned home loan from ICICI Bank.

Observations and Findings of MahaRERA

After proceeding ex-parte against the developer due to its consistent absence, the MahaRERA Authority held that:

• The developer failed to comply with Section 18(1) of the RERA Act, which entitles a homebuyer to monthly interest for the delay in possession.
• The complainants had acted in good faith, made timely payments, and had continuously followed up for possession.
• The construction was incomplete, and the demand for balance payment was unjustified and not aligned with construction-linked milestones.
• The developer acted in violation of MahaRERA Circular No. 28/2021 by extending project timelines without consent of the allottees.

Relief Granted by MahaRERA

The MahaRERA Authority passed a well-reasoned and balanced order, directing that:

1. Possession with Occupation Certificate (OC) be handed over within 30 days of the order.
2. The developer shall pay simple interest on ₹39,00,000 (the amount paid by the complainants) from 01.01.2020 till actual possession, at a rate equal to the State Bank of India’s highest MCLR + 2% as per Rule 18 of the RERA Rules.
   

   • On 25th September 2024, the SBI’s highest MCLR was 9.10% for a 3-year tenor. Thus, the applicable rate is 11.10% p.a.

3. The complainants shall pay the balance consideration only after deducting the interest receivable from the developer.
4. A further sum of ₹20,000/- was awarded towards the cost of litigation.

Legal Significance

This case underscores the statutory protection granted under Section 18 of the RERA Act, which ensures that homebuyers are not left at the mercy of errant builders. MahaRERA has reaffirmed that:

• Delay in handing over possession, even if due to external or unforeseen reasons, does not absolve the promoter from paying interest.
• Consent of the allottees is mandatory for any project extension under the applicable rules and circulars.
• A builder cannot demand the full balance amount unless construction has progressed in accordance with agreed schedules.

Client Testimonial (optional)

“We are extremely grateful to  Adv. Sulaiman Bhimani and Adv Sharon Fernandez and the team of The Law Suits. They stood by us through every challenge and got us the justice we deserved. We had lost hope but this win restores our faith in the legal system and citizen advocacy.”
— Ramnarayan Kuber Gupta

Call us at: 8928372392
Email: bhimani@thelawsuits.in
Visit: www.thelawsuits.in

Click the link to Read and Download the Order

Authored by:
Adv. Sulaiman Bhimani
Founder, The Law Suits
Expert in Consumer Protection, Real Estate, and Regulatory Litigation