Pune: Rs 1.3 Crore Refund Ordered in Marvel Ganga Sangria Case After Delayed Possession

Mohammadwadi, 24th August 2026: The Maharashtra Real Estate Regulatory Authority (MahaRERA) has directed the promoter of the Marvel Ganga Sangria project in Mohammadwadi to refund the amount paid by a group of flat buyers towards their apartment, along with prescribed interest, after finding that possession was not delivered by the agreed deadline.

In a final order pronounced on 19th August 2026, MahaRERA Member Mahesh Pathak partly allowed the complaint filed by Vaishali Chandrakant Bhor, Neeta S. Solanki and the legal heirs of Janakraj Ramjidas Katyal against Marvel Landmarks Pvt Ltd and other respondents.

The dispute concerns Flat No. 1401 in Wing J of the “Marvel Ganga Sangria G, H, J Building” project, registered under MahaRERA number P52100002371.

According to the order, the buyers booked the flat on 14th August 2012 for a total consideration of Rs 1.37 crore. They claimed to have paid Rs 1,30,83,629, including stamp duty, registration fees and other charges. Under the registered agreement for sale, possession was to be handed over by 31st December 2013.

The buyers approached MahaRERA after the promoter allegedly failed to deliver possession within the agreed period. They sought cancellation of the agreement and a refund with interest under Section 18 of the Real Estate (Regulation and Development) Act, 2016.

The promoter opposed the complaint, arguing that a Part Occupancy Certificate for Buildings G, H, J and M had been obtained on 21st May 2019 and that the flat was ready for possession, subject to payment of outstanding dues. It also alleged that the buyers had defaulted on payments under the construction-linked schedule, affecting the project’s cash flow.

MahaRERA rejected these arguments, noting that the Part Occupancy Certificate was obtained more than five years after the agreed possession date and after the buyers had already exercised their right to seek withdrawal and a refund.

The authority observed that the buyers had paid a substantial portion of the flat’s consideration and that the promoter had not shown that the sale agreement was terminated over the alleged defaults before the buyers sought relief under Section 18.

MahaRERA also held that financial difficulties, fund shortages and cash-flow problems are part of a promoter’s business risks and cannot be passed on to homebuyers. It found no documentary evidence showing that circumstances beyond the promoter’s control had legally prevented the project’s completion by the agreed date.

The authority directed the promoter to refund the amount paid towards the flat’s consideration, along with interest calculated at the State Bank of India’s highest Marginal Cost of Funds-based Lending Rate (MCLR) plus 2%, from the respective dates of payment until actual realisation.

The order clarified that the refundable amount covers only payments made towards the flat’s consideration. Stamp duty, registration charges and applicable taxes paid to the government are excluded.

The refund and interest must be paid within six months in six equal instalments. Until the full amount is paid, the buyers will have a charge over the flat. They have been directed to execute a cancellation deed after receiving the refund.

While calculating interest, the promoter will be entitled to the benefit of the COVID-19 moratorium period under the relevant MahaRERA notifications and orders.

MahaRERA rejected the buyers’ compensation claim, noting that they had not pressed it during the hearing and that compensation must be pursued separately before the authority’s adjudicating officer.

The complaint was consequently disposed of with these directions.