India, May 16 -- The Maharashtra Real Estate Regulatory Authority (MahaRERA) while hearing a complaint about the refund of brokerage upon booking cancellation, stated that the claim might not be maintainable under the Real Estate (Regulation and Development) Act, 2016, unless homebuyers are able to provide clear documentary proof and establish the real estate agent's project-specific liability.

In an order passed recently, MahaRERA dismissed a complaint filed by two homebuyers who sought a refund of brokerage amounts allegedly paid while booking two apartments. The homebuyers had purchased two apartments in the same project. However, they later cancelled one of the units due to financial difficulties.

"While refunding the consideration ...