Complaint No. CC006000000192219
and 7 other complaints

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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY
MUMBAI

1. Complaint No. CC006000000192219

Mr. Girish Ravindran Nair And Mrs. Raji Girish Nair

... Complainants

Versus

S. D. SVP Nagar Redevelopment Pvt. Ltd. And Ors


... Respondent


Along with

2. Complaint No. CC006000000192442

Saurav Mimani and Nikita Mimani


... Complainants

Versus

SD SVP Nagar Redevelopment Pvt Ltd


... Respondent


Along with

3. Complaint No. CC006000000192575

Mahendra Lihala


... Complainants

Versus

SD SVP Nagar Redevelopment Pvt Ltd


... Respondent


Along with

4. Complaint No. CC006000000192494

Anvesh Kumar and Nupur Gautam


... Complainant

Versus

SD SVP Nagar Redevelopment Pvt Ltd


... Respondent


Along with

5. Complaint No. CC006000000193684

SD SVP Nagar Redevelopment Private Limited


... Complainant

Versus

Avnesh Kumar,Nupur Gautam


... Respondent


Along with

6. Complaint No. CC006000000193802

S D SVP Nagar Redevelopment Pvt Ltd


... Complainant

Versus

Saurav Mimani


... Respondent


Along with


Complaint No. CC006000000192219
and 7 other complaints

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7. Complaint No. CC006000000193867

SD SVP Nagar redevelopment Pvt Ltd.,


... Complainant

Versus

Mahendra Lihala


... Respondent


Along with

8. Complaint No. CC006000000195702

Ashrafuz Zaman Sheikh


... Complainant

Versus

SD SVP Nagar Redevelopment Pvt Ltd


... Respondent


MahaRERA Project Registration No. P51800005440


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

None appeared for the
complaint no. 1

Ld. Adv. Ritika Agarwal appeared for the complainants at sr. nos. 2,3, 4 & 8 and
respondents in sr. nos. 5,6 and7.
Ld. Adv. Abir Patel appeared for the for respondent in sr. nos. 1, 2,3,4 & 8 and
complainant in sr. nos. 5,6 and 7 .


INTERIM ORDER


(Order Pronounced on Thursday, 28th August 2025)
(Matters Reserved for Orders on 05-06-2025)

(Through Video Conferencing)


1. The complainants (hereinafter referred to as “allottees” ( in sr. nos. 1,2,3,4 and 8)/
“promoter” ( in sr. nos. 5,6,7)), above named have filed these 8 separate online
complaints/cross complaints before the MahaRERA seeking various reliefs under the
provisions of the RERA.

2. The allottees ( complainants at sr. nos. 1,2,3,4 and 8), have filed the said complaints
seeking refund of the entire money paid by them along with interest and compensation
under the provisions of section 18 of the Real Estate (Regulation & Development) Act,
2016 (hereinafter referred to as ‘RERA’), in respect of booking of their respective flats
in the applicant - promoter’s registered project known as “CD Plot No 69 Lumiere”


Complaint No. CC006000000192219
and 7 other complaints

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bearing MahaRERA registration No. P51800005440 located at Andheri, Mumbai
Suburban (hereinafter referred to as the ‘said project’).

3. The promoter has filed the complaints at Sr. Nos. 5, 6 and 7 against the allottees, which,
in fact, are cross-complaints corresponding to the complaints filed by the allottees at Sr.
Nos. 4, 2 and 3, respectively. In other words, the complaints at Sr. Nos. 5 and 4, Sr. Nos.
6 and 2, and Sr. Nos. 7 and 3 are cross-complaints filed by the allottees and the promoter
against each other. However, no cross-complaint has been filed against the allottees at
Sr. Nos. 1 and 8.

4. The aforesaid complaints were heard and disposed of by the Ld. Erstwhile Member -
1/MahaRERA by passing various orders/common orders in cross complaints etc on
different dates. The Details of the earlier orders are as under:-
Sr. No
Date of Order
1
29-12-2021
2 and 6
28-03-2022 (Common Order in cross complaints)
3 and 7
28-03-2022 (Common Order in cross complaints)
4 and 5
13-04-2022 (Common Order in cross complaints)
8
27-04-2022

5. By passing the aforesaid orders, the Ld. Erstwhile Member-1/MahaRERA has granted the
refund along with interest to the allottees in complaints at sr. nos. 1,2,3,4 and 8 under
section 18 of the RERA. Consequently, the complaints filed by the promoter at Sr. Nos. 5,
6 and 7 came to be dismissed.

6. However, being aggrieved by the aforesaid orders passed by the Ld. Erstwhile Member-1,
MahaRERA, the promoter filed five separate review applications, bearing Nos.
CC006000000591470 (Sr. No. 1), CC006000000591478 (Sr. No. 2), CC006000000591471 (Sr.
No. 4), CC006000000591477 (Sr. No. 4), and CC006000000591473 (Sr. No. 8), in the form of
fresh complaints before MahaRERA on 09-08-2024. By way of these applications, the
promoter mainly sought directions from MahaRERA to review the aforesaid final orders
(as detailed in the table at para 4 above). The said review applications were filed under


Complaint No. CC006000000192219
and 7 other complaints

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Section 39 of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred
to as “RERA”), read with Regulation 36 of the MahaRERA (General) Regulations, 2017,
seeking review of the said orders on various grounds.

7. In the said review applications, the MahaRERA, after hearing the submissions made by
the parties concerned, has passed a common order on 18-02-2025. The relevant portion of
the said order reads as under:-
“29. As far as the substantive issue involved in these review applications, it appears that admittedly, the
promoter is seeking review of the said impugned orders passed by the Ld. Erstwhile Member-1/MahaRERA under
section 18 of the RERA. The promoter has mainly contended that the allottees had filed the said original
complaints before the MahaRERA on 28-01-2020, 12-02-2020, 21-01-2021, 13-02-2020 and 5-02-2020 (respectively)
after the OC was obtained for the said flat on 26-12-2019 and also the possession of the said flats was offered to
them on 27-12-2019. Hence, it has contended that the said complaints filed by the allottees were not maintainable
under section 18 of the RERA.

30. In addition to the aforesaid issue, the promoter has also contended that the action under the SARFAESI Act
was already initiated against the respondent allottees in sr. nos. 2, 3 4 and 5 due to non-payment of dues to the
HDFC Bank. Hence, the possession of the said flats has been taken by the HDFC Bank. Hence, the provisions of
section 18 of the RERA are not applicable to the said respondent -allottees.

31. However, the allottees in this case, have admitted the said fact that the said complaint was filed after OC
was obtained for the said project and also after the possession was offered to them (except the allottee at sr. no.
1). However, they have contended that the complaints were maintainable under section 18 of the RERA, since, i)
it was part OC and not full OC and ii) there are a number of orders passed by the Hon’ble Appellate Tribunal,
wherein it is held that the complaints filed after OC are maintainable and iii) they have sought withdrawal from
the project before the said OC was obtained on 26-12-2019 and intimated their intention to the promoter for such
withdrawal from the project. Hence, the said impugned orders were rightly passed by the MahaRERA. Hence,
they have prayed for dismissal of these review applications.

32. As far as the aforesaid issues cited by the allottees, it is pertinent to note that admittedly, there are various
orders passed by the Hon’ble Appellate Tribunal (Mr. Suryakant Jadhav and Rekha Navani etc.) whereby it was
held that the complaints under section 18 of the RERA filed after OC are maintainable. However, the said orders
are under challenge before the Hon’ble Bombay High Court in Second Appeals and the Hon’ble Bombay High
Court has granted interim stay to the same. Hence, the allottees cannot rely upon the said orders passed by the
Hon’ble Appellate Tribunal at this stage.

33. As far as the issue raised by the allottees about part OC (as applicable) obtained for the said project, the
MahaRERA is of the view that there is no substance in the same; it is ostensibly because the Hon’ble Bombay
High Court in its order dated 1-03-2021 passed in W.P.(L) No. 1111 of 2021 has held that part OC denotes the full
completion of that particular phase for which the said OC is obtained. Hence, the MahaRERA does not find any


Complaint No. CC006000000192219
and 7 other complaints

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substance in the said contention raised by the allottees about only the part OC being obtained for the said flats.

34. As far as another issue raised by the allottees that they have intimated to the promoter their wish for
withdrawal from the project before the said OC (dated 26-12-2019) was obtained for the project. However, on
bare perusal of the original complaints filed by the allottees in which the said impugned orders came to be passed,
the MahaRERA has noticed that there is no whisper about such intimation, about the intention of the allottees
(referred to by the allottees) and it has not been mentioned in the said original complaints. Hence, the said fact
needs to be verified from the allottees.

35. As far as the matter at sr. no. 1 is concerned, the MahaRERA has also noticed that although the said complaint
was heard finally and the same was closed for order on very first date of hearing i.e. on 20-10-2021 (after the
conciliation failed on 18-08-2021), no reply has been taken into consideration while passing the said impugned
order dated 29-12-2021. Hence, it shows that no opportunity seems to have been granted to the promoter in
complaint at sr. no. 1 to justify its case.

36. Be that as it may, in this case, since the promoter by filing these review applications (at sr. nos. 2, 3 ,4 and 5)
has raised the question of law in respect of the original complaints filed by the allottees, the MahaRERA prima
facie feels that the orders need to be reviewed on both these grounds viz :-
i)
The part OC for the said flat was obtained on 26-12-2019 before filing of the said complaint by the
allottees on 1-07-2020 and hence, no cause of action was surviving for the allottees to file the said
complaints and;
ii)
The issue that the allottees had informed the promoter that they are seeking withdrawal from the project
on account of delay before the said OC was obtained for the said project on 26-12-2019.

37. In view of these observations, the MahaRERA prima facie feels that the impugned orders need to be reviewed
on following grounds by invoking the power under Regulation 36 of the MahaRERA (General) Regulation, 2017:-
Sr. no.
Grounds due to which these review applications need to be allowed
1
a)
No opportunity to file reply seems to have been granted to the
promoter and the matter was heard and closed for order on the same
date i.e. on 20-10-2021.
b)
The fact whether the OC dated 26-12-2019 covered the said flat
booked by the respondent allottees.
2, 3 , 4 and 5
a)
On both these grounds as stated at point nos. 36 (i) and (ii), the
MahaRERA prima facie feels that the said impugned orders need to
be reviewed.
b)
The fact that the HDFC Bank has already obtained symbolic
possession of the said flats.
c)
The SARFAESI action was already on, when the original complaints
filed by the respondent allottees were heard by the MahaRERA,
however, the said fact has not been brought to the notice of
MahaRERA by either party.

38. In view of the above, the MahaRERA is of the view that the non-execution application filed by the allottees


Complaint No. CC006000000192219
and 7 other complaints

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would become infructuous and the same would not survive (although various orders have been passed in the
said non-execution applications filed by the allottees).

39. In view of the above the following order is passed:-
a. The impugned orders dated orders dated 29-12-2021 (in sr. no. 1), 28- 03-2022 (sr. no. 2), a. The impugned
orders dated orders dated 29-12-2021 (in sr. no. 1), 28- 03-2022 (sr. no. 2), 27-04-2022 (sr. no. 3), 13-04-2022 (sr.
no 4) and 28-03- 2022 (sr. no. 5) passed by Ld. Erstwhile Member-1/MahaRERA in the said complaints no.
CC006000000192219, CC006000000192575, CC006000000195702, CC006000000192494 and CC006000000192442
(as mentioned in the aforesaid order title) filed by the allottees herein, are hereby recalled and the same are set
aside in view of the above issues.
b. The said complaints vide
complaint nos
. CC006000000192219, CC006000000192575, CC006000000195702,
CC006000000192494 and CC006000000192442 are restored for hearing on merits.
c. By virtue of which, the cross complaints filed by the promoter in sr. nos. 2 (
complaint no.
CC006000000193867
), 4 (
complaint no. CC006000000193684
) and 5 (
complaint no. CC006000000193802
) are
restored for hearing along with the aforesaid 4 complaints filed by the respondent allottees being the cross
complaints.
d. Both the parties are directed to file their respective written arguments to the said complaint filed by the
allottees within a period of 2 weeks from the date of this order. Both the parties are directed to complete the
pleadings before the next date of hearing.
e. The registry is directed to list the said original complaints vide complaints no. CC006000000192219,
CC006000000192575, CC006000000195702, CC006000000192494 and CC006000000192442 for next hearing on 27-
03-2025 along with the cross complaints filed by the promoter bearing
complaint no. CC006000000193867
(sr.
no. 2),
complaint no. CC006000000193684
(sr. no. 4) and
complaint no. CC006000000193802
(sr. no. 5) .
f. Consequently, the non-execution application (if any) filed by the allottees stands disposed of being
infructuous.

40. . With these directions, all these 5 review applications (filed by the promoter) are allowed and non-execution
applications (filed by the allottees) thereby becomes infructuous.”

8. By virtue of the aforesaid common order dated 18-02-2025, MahaRERA recalled the earlier
orders passed in these complaints and restored them for re-hearing.

9. Accordingly, these complaints were heard by MahaRERA on 27-03-2025 and 05-06-2025
on merits, in accordance with the Standard Operating Procedure dated 12-06-2020 issued
by MahaRERA for hearing of complaints through video conferencing. Both parties were
duly intimated in advance of the said hearings. On the scheduled dates, the parties
appeared as recorded in the Roznama and made their respective submissions. MahaRERA
considered the submissions of both parties as per their appearances recorded in the
Roznama and also perused the available record.

10. After hearing the submission made by the parties ( as per their appearances), the following


Complaint No. CC006000000192219
and 7 other complaints

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roznamas were passed in these complaints: -
i) On 27/03/2025:-
“Both the parties are present, except the allottees who are the complainants in Sr. No. 5 (CC006000000192442), 6
(CC006000000192575),
7
(CC006000000192494)
and
respondents
in
Sr.
No.
8
(CC006000000193684),
9
(CC006000000193802), 10 (CC006000000193867) are absent. The complainant at Sr. No. 11 (CC006000000195702) and 12
(CC006000000195702/APPL/RT/2) are also absent. The matters at Sr. No. 4 to 11 have been restored for hearing as per
the common order dated 18-02-2025 passed in the 5 separate review applications cum complaints bearing No.
CC006000000591470, CC006000000591471, CC006000000591473, CC006000000591477 and CC006000000591478 ( filed by
the respondent promoter). The matter at Sr. No. 12 (CC006000000195702/APPL/RT/2) is an application filed by the
complainant at Sr. No. 11 (CC006000000195702) seeking correction in the amounts mentioned in the recovery warrant
issued by the Ld. Adjudicating Officer, MahaRERA as per the original order dated 27-04-2022. Therefore, the said
application is transferred to the concerned Ld. Adjudicating Officer, MahaRERA for necessary action. The complaints
at Sr. Nos. 8 (CC006000000193684), 9 (CC006000000193802) and 10 (CC006000000193867) are filed by the promoter
meaning thereby that the complaints at Sr. No. 5 (CC006000000192442) & 9 (CC006000000193802), 6
(CC006000000192575) & 10 (CC006000000193867) and 7 (CC006000000192494) & 11 (CC006000000195702) are the cross
complaints. The grounds for which the said review applications filed in the form of fresh complaint ( filed by the
promoter) were allowed vide a common order dated 18-02-2025 ( as mentioned above ) were that:-
Sr. Nos
The grounds on which the complaint needs to be heard again
For the complaint at
Sr. No. 4
i) No opportunity seems to have been given for reply to the promoter and matter was heard
and closed for order on the same day i.e. on 20-10-2021, thereby violating the principles of
natural justice prima facie.
ii) Further whether the OC dated 26-12-2019 covers the said flat booked by the allottee in Sr.
No. 4, is needed to be verified.
For the complaints at
Sr. Nos. 5, 6, 7 and 11
i) The part OC for the flats was obtained on 26-12-2019 before filing of the said complaints
by the allottees on 01-07-2020. Therefore, prima facie there is no cause of action surviving for
the allottees to file the said complaints.
ii) The issue that the allottee informed the promoter that they were seeking a withdrawal
from the project on account of delay before the said OC obtained for the said project on 26-
12-2019 (as mentioned above) needs to be verified.
iii) The financial institution (HDFC Bank) has already obtained symbolic possession of the
flats for default by the allottees under the SARFAESI action.
iv) The SARFAESI action was already initiated, when the original complaints filed by the
allottees were heard by the MahaRERA, however, the said fact was not brought before the
MahaRERA by either party during the hearing or before the original order was issued.
On all the above grounds, the complaints filed by the allottees/promoter have been restored for hearing. Therefore, the
promoter may file its written submissions in both the complaints filed by the allottees as well as in its complaints
within a period of 4 weeks i.e. by 24-04-2025. Further 4 weeks’ time i.e. till 22-05-2025 is granted to the allottees to file
their written submissions in their complaints as well as in the complaints filed by the promoter. The promoter mentions
during the hearing that 4 appeals have been filed by the allottees at Sr. Nos. 5, 6, 7 and 11 against the common order of
the review dated 18-02-2025 vide appeal Nos. AT06/00283/2025, AT06/00284/2025, AT06/00290/2025 and AT06/00291/2025
filing of which has been communicated to the promoter yesterday and there is no

INTERIM ORDER

/ stay in the said appeals,


Complaint No. CC006000000192219
and 7 other complaints

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according to the promoter. Therefore, these matters are adjourned to a suitable date after 22-05-2025 for final arguments
by both sides and as a last chance to the complainant - allottees in the complaints at Sr. Nos. 5, 6, 7 and 11. List these
matters for next hearing on 05-06-2025.”

ii) On 05/06/2025:-
“All the parties are present, except the complainant at Sr. No. 6 (CC006000000192219). These complaints have been
restored for fresh hearing pursuant to the common order dated 18-02-2025 passed in 5 separate review applications
bearing
Nos.
CC006000000591470,
CC006000000591471,
CC006000000591473,
CC006000000591477
and
CC006000000591478 filed by the promoter. Accordingly, the said complaints were heard on 27-03-2025 when the parties
appeared as per appearance recorded in the said Roznama when certain directions have been issued by the MahaRERA.
However, it has been brought to the notice that the allottees at Sr. Nos. 7 (CC006000000192442), 8 (CC006000000192575),
9 (CC006000000192494) and 13 (CC006000000195702) have filed a letter dated 26-03-2025 before MahaRERA informing
that they have challenged the aforesaid common order dated 18-02-2025 by filing appeals bearing Nos. AT06/00290/2025,
AT06/00291/2025, AT06/00284/2025 and AT06/00283/2025 (respectively) before the Hon’ble Appellate Tribunal. Hence,
the allottees prayed for either adjourning the matters sine die till the final disposal or transfer of these complaints to
another bench. The first date of hearing before the Hon’ble Appellate Tribunal in these pending appeals is 10-06-2025
and request for sine die adjournment cannot be considered by the MahaRERA unless stay is granted by the Hon’ble
Appellate Tribunal in the aforesaid pending appeals.
Be that as it may, in view of the alternate request made by allottees for transfer of these complaints to another bench,
it would be just and proper for the Registry to put up the matter before the Hon’ble Chairperson for decision with respect
to the same. However, the respondent has pointed out that the bench / authority which has decided the review
application should be the bench / authority before which the said restored matters be heard. However, the complainants
refute this contention of the respondent. The respondent also points out that since the matter is coming up before the
Hon’ble Appellate Tribunal on 10-06-2025, the decision regarding transfer to the another bench as requested by the
allottees should ideally be taken after the said hearing. The matter is accordingly, reserved for order for decision on the
said issue based on the arguments in the hearing today”

11. However, in the present case, it has been brought to the notice of MahaRERA that the
allottees at Sr. Nos. 2, 3, 4 and 8, through their advocate, have submitted their written
submissions dated 22-08-2025 before MahaRERA by way of email. In the said submissions,
it has been stated that the common order dated 18-02-2025 passed by MahaRERA in the
aforesaid review applications filed by the promoter has been stayed by the Hon’ble
Appellate Tribunal vide order dated 21-08-2025. Hence, they have prayed that these
complaints be adjourned sine die till the final disposal of the said appeals. The said allottees
have also placed on record a copy of the order dated 21-08-2025 passed by the Hon’ble
Appellate Tribunal.

12. On a bare perusal of the said order dated 21-08-2025 passed by the Hon’ble Appellate


Complaint No. CC006000000192219
and 7 other complaints

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Tribunal, it appears that the Hon’ble Tribunal has issued the following directions: “The
Miscellaneous Application Nos. 625 of 2025, 626 of 2025, 627 of 2025 and 628 of 2025 (stay) are
allowed and the operation, execution and effect of the impugned order dated 18-02-2025 are stayed
till the final disposal of these appeals.”

13. In view of the aforesaid order dated 21-08-2025 passed by the Hon’ble Appellate Tribunal,
these complaints stand adjourned sine die till the final disposal of the pending appeals filed
by the allottees before the Hon’ble Appellate Tribunal. Hence, the issue of transfer of these
complaints before any other Bench does not arise. Both parties are directed to approach
MahaRERA once the said appeals are finally disposed of by the Hon’ble Appellate
Tribunal.


Mahesh Pathak)
Member – 1/MahaRERA