Consumer Connect: 'Shifting Of Position Is Not Permitted In Law,' Says Expert

I had booked a flat in Thane with a reputed builder, and the agreement of sale was executed and registered on 11, 03, 2019. The possession date, as per the agreement, was 30, 08, 2021. I paid a total of Rs90 lakh (80% of the flat cost), though the construction was only 40% complete. Realising the builder had collected excess payment, I filed a complaint with MahaRERA seeking a stay on further demands. MahaRERA dismissed it, stating that the possession date hadn’t passed when the complaint was filed. Aggrieved, I filed a review petition requesting withdrawal from the project and a refund with interest. This, too, was dismissed. I then filed an appeal before the RERA Appellate Tribunal, but by then, I had taken possession of the flat and limited my prayer to interest for the delayed period. The tribunal recently dismissed the appeal. Can I now file an appeal against this order, or a fresh complaint with MahaRERA or the consumer court for interest and compensation for the delay? – Krishna Ramani, Ghatkopar (East)

Your case and the orders you have shared reveal important lapses. You did not enclose the agreement for sale with your initial complaint – this document contains the payment schedule that was crucial to support your claim that the builder took 80% while only 40% of the construction was done. This allegation needed to be backed with the schedule and a certificate from your architect confirming the construction status. Without these, your case lacked strength, and MahaRERA understandably rejected your plea.

You then filed a Review Petition seeking withdrawal and refund, which was again dismissed as it was not legally permissible. In the appeal, you changed your stance once more, informing that you had taken possession and now wanted interest for the delay. Your prayers changed at every stage – from restraining further payments, to seeking withdrawal and refund, and finally claiming interest after taking possession. This shifting of position is not permitted in law.

When approaching any authority or court, it’s important to be clear on the relief you are seeking. It is always advisable to consult a reliable consumer body such as the Mumbai Grahak Panchayat (MGP) before filing any complaint. MGP has trained volunteers knowledgeable in RERA, the Consumer Protection Act and other relevant laws. They provide free guidance at their centres in JVPD Scheme (Vile Parle West), Girgaum, Thane and Pune.

More details, including addresses and timings, are available at mymgp.org.Had you consulted MGP before approaching MahaRERA, you may not have been left wandering for relief to this extent. In my opinion, you do not have a case for a second appeal in the High Court. However, for claiming interest on the delay, you can certainly file a fresh complaint before MahaRERA or the appropriate Consumer Commission, as this is a new cause of action. Whether this will succeed depends on the actual date of possession.

(Advocate Shirish V Deshpande is chairman, Mumbai Grahak Panchayat. Queries can be sent to him on email: shirish50@yahoo.com)

Published on: Tuesday, August 05, 2025, 10:48 AM IST