Builder Blamed PMC-PMRDA Boundary Shift for Delay. MahaRERA Said No.

What actually happened in Wagholi

A homebuyer bought a flat in a Wagholi, Pune project for Rs 41.85 lakh and paid Rs 39.15 lakh of it. The possession date written into the agreement for sale came and went with no flat handed over. When the buyer went to MahaRERA, the builder's defence was that the switch of jurisdiction between the Pune Municipal Corporation (PMC) and the Pune Metropolitan Region Development Authority (PMRDA) had disrupted construction and forced revised plans, so the delay was out of its hands.

MahaRERA, in an order dated 8 September 2026, rejected that defence. It directed the developer to pay delay interest under Section 18 of the RERA Act and to hand over possession with a proper Occupancy Certificate. This is reported by inkl.com, amanshantinews.com and whalesbook.com, all published on 11 October 2026. The reasoning in that order is worth understanding, because the "the government changed the rules" excuse turns up in a lot of delayed Pune projects.

Why the 'boundary shift' defence failed

The timeline sank the builder's story. According to amanshantinews.com, the buyer pointed to a Urban Development Department (UDD) notification dated 30 June 2021 that had already placed Wagholi under PMC jurisdiction. That was before the sale agreement was signed. So by the time the builder promised a possession date, the jurisdiction question was already settled on paper.

The plans for the relevant wing (Wing C) were approved by the authority in January 2022, reported by amanshantinews.com and whalesbook.com, which is after Wagholi came under PMC. In other words, the builder sought and got approvals under the very regime it later blamed for the delay. MahaRERA's finding, as reported by inkl.com, was blunt: the builder knew the regulatory position before the agreement and "cannot take advantage of its own wrongdoing." A delay you could see coming when you signed is not a force majeure event. It is a promise you should not have made.

Why 'fit-out possession' did not stop the interest clock

The second part of the order matters even more for buyers. The builder argued it had already offered possession. MahaRERA held that possession offered without an Occupancy Certificate (OC) is not legal possession, as reported by inkl.com. An OC is the municipal certificate confirming the building is complete, safe and fit to live in. A "fit-out possession offer" lets you start interior work, but it is not the same as the handover the law recognises.

That distinction has a direct money consequence. Because there was no OC, the delay interest clock under Section 18 kept running. MahaRERA directed interest from 1 January 2025 until possession with OC is actually handed over (amanshantinews.com). If a builder has offered you keys for fit-out but cannot show you an OC, your delay claim is still alive. The same principle appears in a related MahaRERA refund ruling on OC delay.

What the interest actually comes to

Section 18 interest in Maharashtra runs at the State Bank of India's highest Marginal Cost of Lending Rate plus 2% (rule 18). It is not a flat penalty figure the authority picks; it is tied to a bank rate, so it moves. inkl.com published an estimate of roughly Rs 7.1 lakh for the period 1 January 2025 to 8 September 2026 at 10.75%, but that is the reporting outlet's own estimation, not a figure confirmed as stated in the order itself. Treat it as a ballpark, not the official number.

MahaRERA also allowed the builder to set off the buyer's remaining dues against the interest payable (inkl.com). The buyer still owed Rs 2.70 lakh (Rs 41.85 lakh minus Rs 39.15 lakh), and that gets adjusted against what the builder owes. To see how the rate applies to your own dates and amount, run the figures through a Section 18 delay interest calculator before you file.

The documents to gather before you file

If a builder is blaming "government processes" for your delay, your whole case lives in the dates. Pull these together before you do anything else.

First, your registered agreement for sale, and note the exact possession date written into it. Second, any UDD or planning notification the builder relies on, with its date. If that notification predates your agreement, as it did in Wagholi, the builder knew the landscape when it promised you a date. Third, the plan approval dates for your wing or building, which you can trace through the project's MahaRERA registration page. Fourth, the status of the Occupancy Certificate: ask in writing whether an OC exists and for a copy. Fifth, your payment records showing how much of the flat cost you have paid. A delay defence usually collapses the moment the approval date lands after the rule the builder claims was a surprise.

How to raise it with MahaRERA

A buyer chasing possession and interest files a complaint under Section 31 of the RERA Act, which lets an aggrieved allottee bring a grievance against a promoter directly to the authority. You file it against the project's MahaRERA registration number, attach the documents above, and state plainly what you want: possession with OC and delay interest under Section 18 from the agreed date. Keep your communication with the builder in writing, because emails and letters become your evidence of what was offered and when.

If you later win and the builder does not pay, that is a separate enforcement step, covered in MahaRERA's non-compliance application process. An order under RERA can be appealed to the Appellate Tribunal within 60 days under Section 44, so track your dates on both sides. And remember civil courts cannot hear what the authority is empowered to decide (Section 79), so MahaRERA is the right door to knock on.

What to do next

Start by confirming whether an Occupancy Certificate has been issued for your building. Ask the builder for it in writing, and separately check the project page on the official MahaRERA portal at maharera.maharashtra.gov.in. No OC means a fit-out offer does not count as legal possession, and your Section 18 interest keeps accruing.

Next, line up your possession date from the agreement against the dates of any notification or approval the builder is pointing to. If the approval came after the rule the builder blames, the Wagholi order shows how MahaRERA treats that. Then work out roughly what you are owed before you file, so you know what you are asking for. If the numbers and dates support you, file under Section 31 with the documents in hand. Confirm the current SBI MCLR and any figure you are unsure of on the official portal rather than relying on a reported estimate.