Complaint No. CC005000000310543


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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY
AUTHORITY, MUMBAI


Complaint No. CC005000000310543


1) Nilesh Ashok Boradkar
2) Dnyaneshwar Bade

3) Imran Altaf Mansuri

4) Rohit Mali
5) Kunal Talati
6) Lucas Swamy

7) Rajesh Kumar

8) Dilip Vasudeo Wagh


... Complainants

Versus

Vishal Chugera


... Respondent


MahaRERA Project Registration No. P52100020464


Coram: Shri. Mahesh Pathak, Hon’ble Member – I/MahaRERA.

Mrs. Sonali Deshmukh appeared for the complainants in person.
Ld Adv Karan Verma appeared for the respondent.

INTERIM ORDER
(Order pronounced on Monday, 10th February 2025)
(Matter reserved for order on 07th October 2024)

(Through Video Conferencing)


1. The complainants above named have filed this online complaint before the
MahaRERA on 03-03-2024 seeking directions from MahaRERA, to the
respondent – promoter, to provide complete common amenities as per
brochure, provide complete gated community and other basic amenities along
with compensation as prescribed under the provisions of the Real Estate
(Regulation & Development) Act, 2016 (hereinafter referred to as ‘RERA’), in
the respondent’s registered project known as “Kesnand Pune” bearing


Complaint No. CC005000000310543


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MahaRERA project registration No. P52100020464
, located at Pune.

2. This complaint was heard by the MahaRERA on several occasions and the
same was heard finally on 07-10-2024 as per the Standard Operating Procedure
dated 12- 06-2020issued by MahaRERA for hearing of complaints through
Video Conferencing. Both the parties have been issued prior intimation of this
hearing, and they were also informed to file their written submissions if any.
On the said dates of hearing, both the parties have appeared as per their
appearances recorded in the Roznamas and made their respective
submissions. The MahaRERA heard the submissions of both the parties as per
their appearances and also perused the available record.

3. After hearing the arguments of both the parties, the following Roznama was
recorded in this complaint:-
i)
On 29-04-2024:
““First Hearing Matter” The complainant is present. The respondent is
absent. As the complainant has raised group issues in this complaint, this
complaint is not maintainable because the complainant is an individual
allottee in the project. In view of the above, the respondent is directed to file
its reply to the complaint within a period of 4 weeks i.e. by 27-05-2024 on the
issue of maintainability of this complaint. Further 4 weeks’ time i.e. till 24-
06-2024 is granted to the complainant to file a rejoinder to the reply of the
respondent on the issue of maintainability. Accordingly, this matter is
adjourned to a suitable date after 24-06-2024 for further hearing. List the
matter for next hearing on 08-07-2024.”

ii)
On 08-07-2024 :
““First Hearing Matter” The complainants are absent. The respondent is
present. Both the parties have not complied with the directions issued in the
previous hearing dated 29-04-2024 on the issue of maintainability of this


Complaint No. CC005000000310543


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complaint. Therefore, the respondent is granted one last chance to file its
reply along with written arguments within a period of 2 weeks i.e. by 22-07-

2024. Further 1 week’s time i.e. till 29-07-2024 is granted to the complainants
to file their rejoinder along with written arguments to the reply of the
respondent. The matter is adjourned to a suitable date after 29-07-2024 for
final arguments on the issue of maintainability of this complaint and as a
last chance to the complainants. List the matter for next hearing on 26-08-

2024. ”
iii)
On 26-08-2024 :
““First Hearing Matter” Both the parties are present. The respondent has
pointed out that it has filed reply to the complaint on 21-08-2024 however,
the complainant has not filed rejoinder to the said reply of the respondent
and is directed to do so within a period of two weeks i.e. by 09-09-2024 along
with written arguments. The respondent may also file its written arguments
within a further period of two weeks i.e. by 23-09-2024. It is expected that
both parties would stick to the prayers in the complaint, in their rejoinder
and written arguments. The matter is adjourned to a suitable date after 23-
09-2024 for final arguments on the issue of maintainability of the complaint.
List this matter for next hearing on 07-10-2024.”

iv)
On 07-10-2024 :
““First Hearing Matter” Both the parties are present. The complainants have
filed a rejoinder to the reply of the respondent. The prayers of the
complainants are primarily for formation of the society and for completion
of amenities. However, the respondent has raised the issue that only a few
individual allottees have approached the MahaRERA and the number of
plots in the project are more than 350. There are 2 phases in this project
having 2 different project registration numbers and in both the registration
numbers the project is extended till December 2026. The complainants
contend that there is no question of handover of the amenities, because they
are incomplete. Moreover, the respondent has not made efforts to form the


Complaint No. CC005000000310543


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society despite selling most of the plots in the project. However, the
respondent refutes this contention of the complainants and contends that the
complaint is not filed in the proper format. Moreover, the complainants are
neither an association nor a society formed in the project. Moreover, the
allottees have not cooperated with the respondent in the process of
formation of the society. However, the complainants refute this contention
of the respondent and also contend that they form the majority of the
allottees as the entire list of more than 250 allottees has been given as part
of the rejoinder. The respondent refutes this contention of the complainants
and contends that the said list has been attached belatedly and does not form
the part of the original complaint. Be that as it may, both the parties may
file their written submissions within a period of 2 weeks i.e. by 21-10-2024.
It is expected that the complainants would throw light on the issue of
formation of the society as well as the fact whether the efforts taken for co-
operating with the respondent for formation of the society in their written
arguments. The respondent is also directed to include the fact about efforts
taken for formation of the society and completion of amenities as well as
throw light on the issue as to why the extension is required when most / all
the plots have been sold, according to the complainants. The complainants
have also prayed for provision of all the relevant documents in the project
by the respondent. In view of the above, the matter is reserved for orders
suitably after 21-10-2024 on the issue of maintainability of this complaint
based on the arguments of both the parties in the hearing as well as the reply,
rejoinder and written submissions filed by the parties. The future course of
action in this matter would be decided once the order on the maintainability
is issued.”

4. Pursuant to the aforesaid direction, the complainants on 21-10-2024 and 24-10-
2024 have uploaded their submission and rejoinder respectively on the record
of MahaRERA. Further, the complainants uploaded the submission of the
respondent filed before the Deputy Registrar (Co-operative Societies, Pune) on


Complaint No. CC005000000310543


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22-10-2024 on record of MahaRERA. The respondent has also filed his written
submissions on record of MahaRERA on 18-11-2024. The said submissions
have been accepted and taken on record in compliance of principles of natural
justice. The MahaRERA has perused the available record.

5. It is the case of the complainant that the complaint has not been filed in its
proper format. The complainant states that there is unfair, unlawful,
unethical practice from promoter with respect to amenities shown in
prospectus, agreement, sale deed and website. The amenities shown are still
incomplete. More than 51% plots were sold in 2021, yet he has not formed
housing society. Further, the promoter sent demand notice over an email
demanding maintenance amount for incomplete amenities which is unethical
and unfair, moreover further stating that he will stop existing security,
electrical services etc. The complainant has even requested multiple times
however, the promoter has never shared the audit report of maintenance
expenses. Therefore, the complainant prays to direct the respondent to
complete all amenities as promised at the time of sale of the Plot and presented
in the Brochure; complete gated community as promised at the time of selling
of the Plot; provide basic promised amenities like water, security etc.;
formation of housing society and to handover the completed amenities; for
failure to satisfy the above points, pay compensation to each of them towards
the amount paid for infrastructure and amenities.

6. The respondent has filed its reply on 16-9-2024 stating that the MahaRERA
has issued Order no. 11 dated 23-10-2019 stating in clause 2 that the group
complaints shall be entertained only in respect of common relief claimed
under sections 7 & 8 of the RERA or for common amenities. Moreover, the
complaints should be filed in accordance with section 31 of the RERA
however, the complaint filed by the complainant is defective since he has
nowhere signed nor stated who is filing the complaint and the complaint


Complaint No. CC005000000310543


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contains no verification clause at the end. Further, the common reliefs for
providing common amenities and formation of the society prayed for by the
individual allottee in his individual complaint cannot be entertained and thus
is not maintainable. Hence, the respondent prays that the complaint be
dismissed; exemplary cost be imposed on the complainant for misleading the
MahaRERA; legal costs may be awarded in favour of the respondent.

7. The complainant has uploaded his rejoinder on 6-10-2024 signed by himself
Sonali Deshmukh and Sandeep Katta as representatives of the complainant
stating that in no way has this complaint included any individual member
and that they have also applied as a group of members of Nivaan Meadows
now as proposed ‘Nivaan Meadows Cooperative Housing Society’ for only
the common relief claiming for common amenities under the RERA. They
have further asked for the reliefs as claimed in the complaint.

8. The respondent has also filed his written submissions on record of
MahaRERA on 18-11-2024, in which he has repeated the facts as stated in his
reply filed on record.

9. The MahaRERA has examined the submissions made by both the parties and
also perused the available record. In the present case, the complainants (total
8 in numbers) being the allottees of the said project by filing this complaint
under section 31 of the RERA, have approached the MahaRERA mainly
seeking following reliefs :-
“1.Completion of all amenities as promised at the time of sale of the plot and presented
in the Brochure.

2. Complete gated community as promised at the time of selling of the plot. 3. Provide
basic promised amenities like water, security etc.

4. Formation of housing society and handover the completed amenities.

5. In failure to satisfy the above points, we would demand compensation to each of us


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towards the amount paid for infrastructure and amenities.”

10. The complainants have contended that the respondent has failed to complete
the amenities as promised and has also failed to form a society in the said
project.

11. In the present case, during the course of hearing the MahaRERA has noticed
that the complainants by filing this complaint in their individual capacity are
seeking common sort of reliefs i.e. group prayers. Hence, the MahaRERA has
directed both the parties to file their submissions on record of MahaRERA.

12. Accordingly, the respondent has filed his reply on record of MahaRERA and
has raised the preliminary issue of maintainability of this complaint on the
ground that this complaint filed by few of the complainant-allottees is not
maintainable in view of the MahaRERA Order No. 11 of 2019 dated 23-10-

2019. As there are more than 350 plots in the said project and this complaint
is filed by 8 allottees. He further stated that the said project is registered in 2
different phases by obtaining two separate project registration numbers
(P52100020464 & P52100023936) . It has also contended that the date of
completion of both the phases is extended till 31-12-2026. Hence this
complaint is premature even on merits. .

13. . Hence, the MahaRERA before dealing with this complaint on merits, has to
decide the said issue of maintainability raised by the respondent being a
preliminary issue.

14. The complainants in reply to the aforesaid issue of maintainability raised by
the respondent has contended that the said MahaRERA Order No. 11 of 2019
dated 23-10-2023 in no way indicates that individuals cannot approach the
MahaRERA for fulfilment of what was legally agreed to them as part of a


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RERA registered project i.e. common infrastructures and amenities as per
agreement promised to the individual allottees for which they have made
payments to the respondent. However, in this case, the respondent has not
formed a society and hence, they have filed this complaint with majority (list
of 250 allottees) which formed a part of their written submissions filed on
record of MahaRERA. Hence, the complainants have contended that this
complaint is maintainable under the provisions of the RERA.

15. However, the respondent has assailed the aforesaid contentions of the
complainants and contended that the same is filed at a belated stage. Hence,
it has prayed for dismissal of this complaint.

16. Be that as it may, in the present case, the record shows that the respondent has
undertaken the project for plotted development and has proposed nearly 350
plots in the said project. As per the sold /unsold inventory uploaded by the
respondent on the MahaRERA website on 31-08-2021, 8-05-2024 and 4-06-
2024, it appears that all the plots in the said project have been sold out.
Further, although at the time of filing of this complaint, 8 allottees signed this
complaint, however, subsequently, in the month of October,2024, the
complainants have submitted the letter signed by majority of the allottees who
are supporting this complaint. It shows that this complaint is filed on behalf
of the majority of the allottees since there is no society formed by the
respondent. The said fact has also not been denied by the respondent during
the course of hearing.

17. Be that as it may, in the present case, in view of the said subsequent
development, the issue of maintainability raised by the respondent does not
survive now. Hence, the MahaRERA has to decide this complaint on its own
merits as far as the substantive issues involved in this complaint i.e. i)
completion of the agreed amenities and ii) formation of society. Hence, before


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deciding the said issue the MahaRERA prima facie feels that fair opportunity
needs to be granted to both the parties.

18. Consequently, the issue of maintainability raised by the respondent stands
rejected. The Registry of this Bench is hereby directed to list this complaint
for regular hearing as per seniority.


(Mahesh Pathak)
Member – 1/MahaRERA