Comp. CC006000000194625
BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY
AUTHORITY, MUMBAI
Virtual Hearing held through video conference as per
MahaRERA Circular No.: 27/2020

Complaint No. CC006000000194625

Jayshri Mahendra Sukhadia
..Complainant/s
Vs
Satyam Buildcon
Pankaj Vadilal Patel
..Respondent/s

MahaRERA Project Registration No.P52000004033

O R D E R
On Amendment Application Of The Complainant
(13.06.2024)
(Date of Hearing: 05.06.2024)

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

Adv. Anil D’Souza for Complainant/s
None for Respondent/s

1. The complainant has filed present application to amend the prayers from the
original complaint.

2. It is the contention of the complainant that, the complainant has filed present
complaint requesting this Authority to direct the respondent to pay interest on
the delayed possession on the amount paid by the complainant from January,
2020 till date of possession of flat as per MahaRERA Rules and Regulations of
RERA Act, 2016.

3. It is the contention of the complainant that since date of filing the complaint,
several financial constraints have further weighed upon the complainant and
thus she wishes
to withdraw from the project and humbly prays and seeks
refund with interest as per MahaRERA provisions.
1 of 3

Comp. CC006000000194625

4. According to the complainant,
if present application is allowed, no grave
injustice
shall be caused to the respondent herein.
On the other hand, this
application, if not allowed,
shall cause further grievance to the complainant
who is already pressured
by financial situations. Therefore, the complainant
requested that by allowing present application the complainant may be given
liberty to amend pleadings as stated above.

5. The other side has not filed any reply to this application.

6. The advocate appearing on behalf of the complainant,
submitted that
complainant has filed present amendment application requesting that she want
to amend the prayers, the complainant may be allowed to exit from the project
in question. The other side has not filed reply this application.

7. I have gone through the original complaint. It is seen that the complainant in
the original complaint claimed that respondent may be directed to pay interest
on delayed possession on the amount paid by the complainant from January,
2020 till the date of possession of the flat.
Now the complainant through this
amendment application wants to add prayer that complainant seeking relief to
withdraw from the project and humbly prays to seek refund with interest as
per MahaRERA provisions. Considering the nature of the amendment in my
humble opinion
due to proposed amendment, nature of the complaint is not
going to be changed.
Moreover,
the respondent is having opportunity
to
contest present complaint by filing reply.
Moreover, in order to adjudicate the
matter in proper way and to avoid multiplications of the litigations, it is just
and necessary to allow the complainant to amend the complaint and to allow
the complainant to make of consequential
amendments
to the body of the
complaint
in consonance with the schedule ‘A’ attached
to the complaint.
Hence, in my opinion amendment application deserves to be allowed. Hence, I
pass following order:
2 of 3

Comp. CC006000000194625
O R D E R

1. The amendment application is allowed.

2. The complainant is permitted to amend the complaint within four corners of
Schedule ‘A’ attached to this application.
(Ravindra Deshpande)
Member-2, MahaRERA
Date : 13.06.2024
3 of 3
RAVINDRA
PADMAKARAO
DESHPANDE
Digitally signed by
RAVINDRA
PADMAKARAO
DESHPANDE
Date: 2024.06.13
17:08:19 +05'30'