Pune: 38 Divine Project in Kondhwa Under MahaRERA Scanner Over Delayed Possession and Missing Compliance Reports
Kondhwa, 10th July 2026: The Maharashtra Real Estate Regulatory Authority (MahaRERA) has ruled in favor of a homebuyer, ordering United Constructions to pay interest for failing to deliver possession of an apartment on time in its “38 Divine” residential project in Kondhwa, Pune.
Additionally, due to major inconsistencies in the project’s construction updates and a complete failure to upload mandatory quarterly reports, the regulatory body has ordered a formal compliance inquiry and potential physical inspection of the project site.
The final order was passed on July 9, 2026, by MahaRERA Chairperson Manoj Saunik, following a hybrid hearing on July 1, 2026, concerning two consolidated complaints (CC12600614 and CC12602305) filed by the homebuyer.
The Dispute: Unmet Timelines and Mounting Expenses
The complainant, Pritam Juzar Kothawala, a makeup artist, purchased a flat in Wing A along with a covered parking space in the “38 Divine” project under a registered Agreement for Sale executed on November 21, 2023. The contract stipulated a total consideration of ₹57,54,460, with an agreed-upon delivery date of December 31, 2025, complete with an Occupancy Certificate (OC).
Despite the complainant having paid approximately ₹61.73 lakhs—amounting to roughly 94% of the total cost, likely including supplementary taxes and registration fees—United Constructions failed to hand over the flat by the promised end-of-2025 deadline. The delay forced Kothawala to bear concurrent monthly financial burdens, paying roughly ₹27,000 in home loan EMIs and ₹24,000 in rental expenses.
Builder Blames Municipal Authority, Claims Grace Period
United Constructions contested the complaints, denying all allegations and labeling the homebuyer’s actions as frivolous. The developer argued that under the contract, they were entitled to a reasonable six-month grace period to secure the Occupancy Certificate. They asserted that the delay was strictly administrative, arising from pending inspections and approvals by the Pune Municipal Corporation (PMC), which they claimed constituted a force majeure event. Furthermore, they stated that the project was structurally complete and that they were prepared to deliver the flat on an “as-is, where-is” basis, subject to final RERA directives.
Inspections Reveal Massive Construction Backlog
Certificates submitted during the proceedings dismantled the developer’s claims of completion. An Architect’s Certificate dated March 31, 2026, revealed that crucial utility installations were lagging severely. Plumbing was only 50% complete, lift installation stood at 20%, and critical infrastructure—including internal roads, water supply lines, fire-safety systems, and the electrical meter room—remained highly unfinished. An Engineer’s Certificate from the same date verified that the overall project completion stood at a mere 66.45%.
Furthermore, the complainant exposed that the developer had failed to submit periodic project disclosures, showing that no progress reports had been uploaded on the MahaRERA portal between April 2025 and April 2026.
The MahaRERA Ruling and Directives
Chairperson Manoj Saunik unambiguously dismissed the developer’s arguments, ruling that the homebuyer is statutorily entitled to relief under Section 18 of the RERA Act. The Authority ordered that the complainant receive delay interest on the total amount paid, excluding stamp duty, taxes, and other charges, calculated from January 1, 2026, until the actual date of handover with a valid Occupancy Certificate.
The regulatory body also rejected the promoter’s attempt to claim grace or moratorium periods. MahaRERA explicitly ruled that United Constructions is not entitled to the benefit of any moratorium periods provided under previous COVID-19-era MahaRERA Notifications.
To settle the financial accounts, MahaRERA directed that the total accumulated interest arrears first be set off and adjusted against any outstanding dues the buyer owes towards the flat. Any remaining balance must be paid by United Constructions to the complainant in a single installment within 60 days of the order date.
Regulatory Investigation and Next Steps
To address the severe transparency lapses, MahaRERA has directed its Director of Compliances to submit an independent report within 21 days. The compliance division is tasked with determining whether the promoter systematically failed to file mandatory quarterly disclosures—including Architect, Engineer, and Chartered Accountant certificates—between the years 2023 and 2025.
The investigation will also verify whether the physical and financial progress reported by the developer online matches the actual physical site development and the corresponding bank withdrawals from the designated project account. If material discrepancies are found, the Director of Compliances has been authorized to conduct a physical inspection of the “38 Divine” site to secure buyer investments.
