MahaRERA Dismisses Homebuyers' Complaint Over Refund of Brokerage
The Maharashtra Real Estate Regulatory Authority (MahaRERA) has dismissed a complaint filed by homebuyers seeking the refund of brokerage amount upon cancellation of booking, citing lack of clear documentary proof and failure to establish the real estate agent's project-specific liability.
Homebuyers' Claims Unfounded
The homebuyers alleged that a real estate agent, who was an employee of a firm, had misrepresented facts and fraudulently increased the commission component, causing a wrongful loss of Rs. 5,04,613 for the first flat and ₹2,13,039 for the second flat.
- The homebuyers claimed that they were never informed that the broker was an employee of a brokerage firm and were kept under the impression that the broker was working with the developer as a sales executive.
- They also stated that they were not informed that the broker was acting as a real estate agent or that commission charges would be payable, and that the quoted consideration included commission payable by the developer to the broker.
MahaRERA's Ruling
In its order dated April 23, 2026, MahaRERA stated that the alleged claim regarding brokerage payments cannot be verified in the absence of any cogent documentary proof.
- The authority noted that the registration certificate of the real estate agent had lapsed, but mere lapse of such registration does not automatically make the relief sought by the homebuyers for refund maintainable.
- MahaRERA concluded that the present complaint was not maintainable under the provisions of the RERA and accordingly dismissed the case on the grounds of maintainability.
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