MahaRERA Order Ignored, EMI Continues

745 votes

You may have legal remedies, including seeking execution of the MahaRERA order, interest recovery, and appropriate directions regarding the builder's non-compliance. I can help you evaluate your options and take the necessary legal steps to protect your rights.

Advocate Riddhi Pratap Bothara LawRato

965 votes

You have a strong case based on the facts stated. Since MahaRERA has already passed a refund order with interest in your favour and the builder has failed to comply, the builder is in violation of a binding statutory order. You should immediately initiate execution proceedings before the MahaRERA Authority/Adjudicating Officer for recovery of the awarded amount as arrears in accordance with the Real Estate (Regulation and Development) Act, 2016. If required, you may also approach the High Court seeking appropriate directions for enforcement if there is inordinate delay in execution. Regarding your home loan, you should not unilaterally stop paying the pre-EMI or EMI. Your loan agreement with the bank is an independent contract. Non-payment may adversely affect your CIBIL score and may result in recovery proceedings by the lender. However, you may immediately approach the bank with a copy of the MahaRERA order and request temporary relief such as deferment, restructuring, moratorium or suspension of EMIs until the builder complies. Some banks consider such requests on a case-to-case basis. The builder cannot compel you to accept a different flat on the 36th floor in place of the 50th-floor apartment unless you voluntarily agree. Any unilateral change in the sanctioned layout or allotment is a serious breach of the Builder Buyer Agreement and RERA provisions. You may also seek compensation for delay, increased financial burden, mental agony, rent paid, pre-EMI paid, litigation costs and other consequential losses before the appropriate forum. Keep all documents ready, including the Builder Buyer Agreement, payment receipts, loan statements, rent receipts, MahaRERA order and all correspondence with the builder and bank. Engage an advocate experienced in RERA matters to initiate execution proceedings and explore additional compensation and enforcement remedies without further delay.

Advocate Vinod Todiwan LawRato

615 votes

No. You should not stop paying your EMI/pre-EMI on your own. Your loan agreement with the bank is separate from the builder's obligations, and non-payment can affect your credit score and lead to recovery action.

Advocate N. A. Rangapur LawRato

595 votes

No, don't stop EMIs without the lender's consent, as it may affect your credit. Execute the MahaRERA order, seek recovery with interest and claim compensation/rent for delay and financial loss as per the concerned provisions of law.

Advocate Pankaj Bajaj LawRato

899 votes

The buyer should continue complying with the loan obligations unless a competent court or the lender grants specific relief. Immediate execution of the MahaRERA order and recovery proceedings are the most effective legal remedies.

Advocate Vishal Bhagwan Punwani LawRato