MahaRERA Gives Westwood Allottees Final 30-Day Window To Clear Dues Before Forfeiture of Units

The Maharashtra Real Estate Regulatory Authority (MahaRERA) has dominated that homebuyers who default on funds within the Westwood venture in Borivali can’t forestall the promoter from terminating their agreements on the market.

Holding that an allottee who indicators such an settlement is certain “to make necessary payments in the manner and within the time as specified”, Member Mahesh Pathak granted them “one last opportunity” to clear their dues with curiosity inside 30 days or face automated forfeiture of their allotments.

The order delivered on December 2, 2025, disposed of 4 complaints filed by Dimple Realtors Private Limited. The promoter had approached the Authority on January 24, 2025, looking for execution of registered cancellation deeds in opposition to a number of allottees of the Westwood venture, together with Jaymanav Singh and Kalpana Balasaheb Sonawane, who objected to the cancellation. It mentioned these allottees had repeatedly didn’t pay the steadiness consideration regardless of obligations beneath their sale agreements.

The builder argued that the extended non-payment at a stage when building had reached 54 p.c had induced “financial burden and blocking inventory”.

Only a couple of allottees contested the complaints. They mentioned the promoter’s calls for have been unwarranted and pointed to incomplete slab work. They additionally mentioned they have been keen to pay the remaining quantity after their loans have been sanctioned. To help their declare {that a} sale stays legitimate even when a component of the consideration is unpaid, they cited Vidyadhar v. Manikrao.

The authority rejected these arguments. It held that well timed fee is a transparent statutory obligation beneath Sections 19(6) and 19(7) of the RERA Act. It mentioned the allegations of incomplete building and reliance on mortgage sanction have been a “flimsy ground”.

It additionally mentioned that mortgage approval is dependent upon the borrower’s monetary eligibility and {that a} promoter can’t be compelled to safe mortgage sanction for an allottee. The contesting allottees had not produced any paperwork to help their claims.

For the remaining allottees, the authority recorded that they’d not opposed the promoter’s case in any respect and that their conduct confirmed unwillingness to contest the proceedings.

Invoking the rules of pure justice, the authority granted all allottees a ultimate interval of 30 days to pay the excellent consideration with relevant curiosity. It warned that failure to conform would enable the promoter to terminate the agreements beneath Section 11(5) of the RERA Act by invoking the forfeiture clause for liquidated damages.

All 4 complaints have been disposed of with these instructions.