BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY,
MUMBAI

Complaint No. CC00600000220721


ALPESH KANTILAL SHAH
KUMUDBEN KANTILAL SHAH (Deceased) ...COMPLAINANT
VS
ANKUR MAYFLOWER ASSOCIATES ...RESPONDENT

MahaRERA Project Registration No. P51800008167

I N T E R I M O R D E R
(23.05.2025)
(Date of Hearing: 22.05.2025)

Coram: Shri. Ravindra Deshpande, Member II, MahaRERA

Adv. Manoj Kunde for Complainants
Adv. Sakshi Agrawal for Respondent

The Respondent has filed present application for tagging the matters. In short facts of the
application are as follows:-
1) It is contention of the Respondent that Kumudben Kantilal Shah and her son
Alpesh
filed

Complaint
No.
CC00600000220620

and

Complaint
No.
CC00600000220721
, both the Complaints arising out of one transaction. These
Complaints are filed between the same parties and the subject matter of both
Complaints are same. By filing two separate Complaints and attempt is made to
misrepresent that there are two separate transactions. The
Complaint No
CC00600000220620
is filed by Kumudben Shah (Since deceased) Alpesh is son of
the deceased, who is substituted as a Complainant at the place of deceased
Kumudben Shah. The Complaint filed by Kumudben Shah is with respect to flat
no.1001 C Wing Evergreen Woods and Complaint filed by Alpesh is with respect
to flat no. 201 and 202 B Wing Evergreen Woods. Hence, Respondent requested
that the above two Complaints be tried and argued together.


2) The other side uploaded reply and opposed this application contending that cause
of action is different in both the Complaints. The documents in the cases are
different, by clubbing both the Complaints the opponent has tried to mislead the
Authority, contending that there is only one transaction. The Respondent has not
given any logical explanation as to why both the Complaints should be
combined/tagged together, hence Complainant requested for rejection of the
application.

3) Heard advocates of both the parties, it is seen that both the Complaints filed in
respect of same project, as per MahaRERA Order 11/2019 dated 23.10.2019
individual complaint need to filed separately for individual reliefs. Otherwise they
will beheld not maintainable for misjoinder for cause of action and parties.
Accordingly the Complainants filed these two complaints separately. However, as
both these Complaints filed against the same project it is just and necessary to tag
these Complaints and to be tried and argued together. Therefore, the application
of the Respondent deserves to be allowed. Hence, I proceed to pass following
Order.

ORDER

1. The application is allowed the
Complaint No. CC00600000220620
and

Complaint No. CC00600000220721
permitted to be tried and argued
together.

2. No order as to cost.


Ravindra Deshpande,
Member II, MahaRERA

RAVINDRA
PADMAKARA
O DESHPANDE
Digitally signed by
RAVINDRA
PADMAKARAO
DESHPANDE
Date: 2025.05.23
16:37:52 +05'30'