Mumbai | April 23, 2026 – In a significant victory for homebuyers and allottees, the Maharashtra Real Estate Regulatory Authority has directed Noble Infra Projects to hand over possession of a flat in its Noble Heights, Malad East Mumbai project within 60 days, after obtaining the mandatory Occupation Certificate.
MahaRERA also ordered the builder to pay interest for delayed possession on ₹55 lakh from 1 January 2018 until actual possession, together with ₹20,000 as litigation costs. The complainant was successfully represented by Adv. Sharon Fernandez and Adv. Sulaiman Bhimani from The Law Suits.
Also read Can Redevelopment Disputes Be Dismissed Early? Appellate Court Says No in Vindhiachal CHS Case
MahaRERA Case Details
The complaint was registered as CC006000000078246 before MahaRERA. The complainant was Shakir Shafiyddin Shaikh and the respondent was Noble Infra Projects. The project involved was Noble Heights situated at Malad East. The final order was passed on 23 April 2026.
Builder Directed to Hand Over Flat Possession
The complainant approached MahaRERA seeking possession of Flat No. 1202, admeasuring 460 sq. ft. carpet area, together with compensation for prolonged delay.
After hearing both sides, the Authority directed the builder to hand over possession of the flat after obtaining Occupation Certificate within 60 days from the date of the order.
This ruling is important for purchasers facing delayed possession, non-issuance of Occupation Certificate, breach of builder promises, or refusal to honour registered agreements.
Also read NCDRC Allows Coercive Action Against Ansal Group, Observes Corporate Veil Can Be Lifted in Appropriate Cases
Interest Granted for Delay Since 2018
MahaRERA held that the complainant was entitled to statutory interest under Section 18 of the RERA Act.
The Authority directed the builder to pay interest at the rate of SBI Highest MCLR + 2% on ₹55,00,000 from 01.01.2018 until actual handing over possession.
This order reinforces that developers in Mumbai and across Maharashtra cannot indefinitely delay possession without financial consequences.
Complainant Recognised as an Allottee Under RERA
A central issue in the matter was whether a person receiving a flat in settlement of outstanding dues can be treated as an allottee under the RERA Act.
MahaRERA answered in the affirmative. Since a registered Agreement for Sale existed and the consideration was adjusted against dues payable by the developer, the complainant was held entitled to protections available under RERA.
This finding is significant for contractors, investors, redevelopment stakeholders, and persons who receive flats through settlement arrangements rather than conventional cash purchases.
Also Read Supreme Court: Builder Cannot Force Possession Without Occupancy Certificate.
Builder’s Defence of Fraud Rejected
The developer alleged forgery and fraud in relation to the registered agreement. However, MahaRERA observed that earlier proceedings reflected admissions regarding execution of the agreement. The subsequent allegations were found inconsistent, delayed, and unsupported by credible evidence.
The ruling sends a clear message that builders cannot evade obligations through belated technical objections after remaining silent for years.
Representation by The Law Suits
The complainant was represented by Adv. Sharon Fernandez and Adv. Sulaiman Bhimani of The Law Suits, a Mumbai-based law firm known for handling MahaRERA matters, delayed possession disputes, redevelopment litigation, consumer complaints, and complex real estate cases.
Why This MahaRERA Order Matters
This order is highly relevant for buyers in Mumbai, Malad East, Andheri, Goregaon, Kandivali, Borivali and throughout Maharashtra. It confirms that a builder must deliver lawful possession after obtaining Occupation Certificate, delay attracts statutory interest, registered agreements carry binding force, and settlement-based allottees are also protected under RERA.
Also Read Unregistered Family Settlement vs. Registered Gift Deeds: A Landmark Mumbai Arbitral Award
Need Legal Help in Builder Delay or MahaRERA Matter?
If your builder has delayed possession, failed to obtain Occupation Certificate, denied refund, altered project promises, or breached the agreement, you may seek legal remedies through MahaRERA or consumer forums.
Contact The Law Suits, founded by Adv. Sulaiman Bhimani, for assistance in RERA complaints, possession claims, interest recovery, redevelopment disputes, and builder fraud litigation.
Click Here To Read and Download The Order
The Law Suits
413, Golden Chambers, Opp Tanishq Showroom
Next to Lower Oshiwara Metro Station, Landmark CitiMall
Andheri Link Road, Andheri West
Mumbai – 400053
Phone: +91 8928 372392
Email: adv.Bhimani@gmail.com