MUMBAI: The Supreme Court has dismissed a Special Leave Petition (SLP) filed by Keyana Estate, an associate of the Kalpataru Group, concluding a seven-year legal dispute in favor of homebuyer Paresh Parihar from Goregaon.
Parihar had booked a flat in the Kalpataru Radiance project in Goregaon (West) in 2013, with initial possession expected by December 2016, but he only received it in January 2024. As a result of this ruling, the developer is obligated to pay approximately Rs 1.82 crore in interest to the homebuyer due to the delays.
The dispute began when Parihar and his wife paid over Rs 3 crore—roughly 95% of the flat’s total cost—yet did not receive possession in the stipulated timeframe. According to their agreement from December 2014, the flat was to be delivered by December 31, 2016, with a brief grace period. After the delay, the couple sought help from the Maharashtra Real Estate Regulatory Authority (MahaRERA) in 2019.
In September 2020, MahaRERA determined that the developer did not fulfill the possession timeline and was thus liable under Section 18 of the Real Estate (Regulation and Development) Act, 2016. They directed the promoter to pay interest at 9% per annum from July 1, 2017, until actual possession was granted. The developer appealed this decision to the Real Estate Appellate Tribunal, which dismissed the case and also required the release of Rs 52.1 lakh deposited by the developer to the homebuyers.
Following this, the case went to the Bombay High Court. In a ruling on October 8, 2025, Justice NJ Jamadar rejected the developer’s second appeal, stating that no significant legal questions were raised.
The Supreme Court noted that even though an Occupation Certificate was issued on April 10, 2023, it was conditional, requiring proof of sufficient water supply per Section 270A of the Mumbai Municipal Corporation Act before occupation. The court emphasized that offering possession without meeting necessary conditions did not absolve the developer of liability and highlighted that the buyers had already paid 95% of the sale price, dismissing the developer’s claim of force majeure.
For the Parihar family, the prolonged wait seemed more than mere paperwork—it marked years of silent hardship. What was supposed to be their dream home, promised in December 2016, transformed into a relentless period of uncertainty, stress, and emotional strain, with possession finally granted in January 2024. They exhausted nearly all their savings, living in constant fear of losing their investment and hope.
“It was a significant ordeal for us, mentally, physically, and financially,” Parihar expressed, his voice heavy with emotion. “There were moments we felt despondent and tempted to give up, yet we persevered—not just for our home, but for our dignity. This journey tested our patience, faith, and resilience, proving that those who refuse to surrender can hold even the most powerful accountable,” he added.
