Pune: MahaRERA Directs Lodha Developers to Clarify ‘Refuge Floor’ Status and Refund Maintenance in Lodha Belmondo Project Dispute
Ravet, 17th April 2026: The Maharashtra Real Estate Regulatory Authority (MahaRERA) has issued a significant order in a dispute involving Lodha Developers Limited and a homebuyer in the Lodha Belmondo project in Maval, Pune. The authority has directed the developer to provide certified clarification regarding the legal status of a flat allegedly situated on a refuge floor and ordered the refund of excess maintenance charges levied before possession.
The Core Dispute: Residential Unit vs. Refuge Area
The complainants, Shweta Singh and Deepak Gaikwad, approached MahaRERA regarding a flat in Tower 29 of Lodha Belmondo. They alleged that while they purchased the unit as a residential flat for a consideration of approximately ₹1.53 crore, the sanctioned blueprints from the Pune Metropolitan Region Development Authority (PMRDA) designated the floor as a “refuge area.”
The buyers sought a substitution of the property within the “Reserve Segment” of the project, alleging misrepresentation and unfair trade practices. They argued that an “Architect’s Certificate” produced by the developer could not override statutory sanctioned plans that demarcate refuge floors, which are intended for fire safety and cannot be sold as habitable units.
Lodha’s Defense: Marketing Conventions vs. Physical Reality
Lodha Developers refuted the allegations, stating that the flat is physically situated on the 16th habitable floor. The developer argued that the “17th floor” designation was merely an internal numbering or “marketing convention” common in the industry.
They further contended that the buyers had taken possession after due diligence and that the sanctioned plans had been available on the MahaRERA portal since 2018, making the complaint a “belated afterthought.”
MahaRERA’s Ruling on Jurisdiction and Transparency
Member Mahesh Pathak, presiding over the case, observed that while MahaRERA regulates disclosures and registration, the final adjudication on structural classifications—like whether a floor is a “refuge floor”—falls under the jurisdiction of the planning authority, PMRDA.
However, the Authority noted an inconsistency: the developer had altered floor numbering for marketing purposes without ensuring these changes were reflected in the Occupation Certificate (OC) issued by PMRDA.
Key Directives in the Order:
Clarification on Legality: Lodha Developers must provide a clear clarification, backed by certified PMRDA documents, regarding the classification and legality of the flat within 30 days.
OC Modification: The developer is directed to take steps to modify the Occupation Certificate to bring it into conformity with the actual floor numbering shown to allottees.
Maintenance Charge Refund: MahaRERA upheld that maintenance charges can only be levied from the date of possession (February 21, 2025). The developer must refund or adjust any excess charges collected prior to this date within 30 days.
Implications for Homebuyers
The order reinforces the principle that developers must maintain absolute alignment between marketing representations and statutory approvals.
While MahaRERA did not grant a property substitution—noting the absence of such a clause in the registered agreement—it empowered the buyers to approach PMRDA for further adjudication on the flat’s structural status.
