Comp. CC005000000177709
BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY
AUTHORITY, MUMBAI
Virtual Hearing held through video conference as per
MahaRERA Circular No.: 27/2020

Complaint No. CC005000000177709

Rukmani Madre
..Complainant/s
Vs
Western City Township LLP
..Respondent/s

MahaRERA Project Registration No. P52100000727

O R D E R
(21.06.2024)
(Date of Hearing:04.06.2024)

Coram: Shri. Ravindra Deshpande, Hon’ble Member 2, MahaRERA

Adv. Harshad for Complainant/s
Adv. Swapnil Bhalerao for Respondent/s

1. The complainant has filed present application requesting to allow her to
amend the prayer clause from original application.

2. It is the contention of the complainant that she has filed present
complaint requesting this authority to direct the respondent to refund
the amount paid by her towards consideration of apartment, GST, stamp
duty, registration fees etc.

3. It is the contention of the complainant that initially in the agreement for
sale, the date of possession was mentioned as 31.03.2022 having grace
period of six months. The basic amenities electricity meter and water
connection were not provided,
the complainant
has not taken
possession. It is further contention that now the project is completed
therefore, she seek amendment in the prayer clause that the respondent
may be directed to handover the possession of the flat in question
without demanding the indemnity bond.
If present application is
allowed no grave injustice would likely to be caused to the respondent.
However, if present application is not allowed same would likely to
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Comp. CC005000000177709
cause grievance to the complainant.
Hence, the complainant has
requested that present application may be allowed and liberty may be
given to complainant to amend the complaint.

4. The otherside has not filed reply to this application.

5. Heard advocates appearing on behalf of the complainant. I have gone
through original complaint. It is seen that initially complainant has
requested this authority to direct the respondent to refund the amount
paid by her alongwith interest as she wants to withdraw from the
project. Now complainant through this application wants to add prayer
seeking relief for interest on delayed possession as per MahaRERA
provisions. Considering the nature of the amendment, in my considered
view due to proposed amendment nature of the complaint is not going to
be changed. Moreover, the respondents having opportunity to contest
the present complaint by filing reply. In order to proper adjudication of
the matter and in order to avoid multiplicity of the litigations, it is just
and necessary to allow the complainant to amend the complaint as
prayed for. Hence, I pass following order:
O R D E R

1. The application is allowed.

2. The complainant is permitted to amend the complaint within four corners
of amendment application.

3. The complainant is directed to upload the amended complaint on
MahaRERA website.
(Ravindra Deshpande)
Member-2, MahaRERA
Date: 21.06.2024.
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RAVINDRA
PADMAKAR
AO
DESHPANDE
Digitally signed by
RAVINDRA
PADMAKARAO
DESHPANDE
Date: 2024.06.21
15:12:49 +05'30'