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


COMPLAINT NO.: CC006000000251349

LAREINA RESIDENCY
FLAT OWNERS ASSOCIATION …COMPLAINANT
VS

1. SSV DEVELOPERS AND BUILDERS
MUMBAI PROPRIETOR HEMANT VINAYAK
PARIKH

2. SLUM REHABILITATION AUTHORITY

3. SAIDHAM CHS LTD

4. VIGNAHAR CHS LTD …RESPONDENT


MAHARERA PROJECT REGISTRATION NO. P51800007086


INTERIM ORDER


September 04th, 2025
(Date of hearing 18.02.2025- matter was reserved for orders)

Coram: Manoj Saunik, Chairperson, MahaRERA

Advocate Anwar Patel is present for Complainant.
Advocate Jayesh Talekar is present for Respondent.

1. Complainant is an association of allottees and the respondent no 1 is
registered as promoter within the meaning of Section 2 (zk) of the project
namely “Rabindranath Tagore Abhashan Prakalp Layout” under section 5
of the Act bearing
MahaRERA project registration No. P51800007086
, who
are also complainants in the captioned complaints at serial numbers 2 and

3. 2.
On the MahaRERA project registration webpage the proposed date of
completion is mentioned as 01.12.2026 and revised proposed date of
completion is 01.12.2028.

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3. The complaint was heard on 18.02.2025 wherein the following roznama was
recorded:
“The relief sought is takeover of the project. This is the fourth consecutive absence of the
respondents. The matters have proceeded exparte. Matters reserved for orders.”

4. The complainant is seeking following reliefs.
a) The Consent Terms dated 8th January 2021 signed between the Applicant and the
Respondent by reason of non compliance be set aside and non binding on the Applicant;
b) This Hon’ble Authority be pleased to revoke the registration of the real estate project
bearing RERA Registration No. P51800007086, granted under Section 5 of RERA to
the Respondent, by issuance of a show cause notice under Section 7 (2) of RERA;
c) permit the Applicant being members association of allottees along with other
members/allottees to facilitate the completion of development work of the said real estate
project bearing RERA Registration No. P51800007086, to be carried out in accordance
with the provisions of Section 8 of RERA to enable to obtain full Occupation Certificate
for the said real estate project;
d) the Respondent be directed to convey the land along with the building thereon in
favour of the Applicant on completion of the said real estate project bearing RERA
Registration No. P51800007086;
e) This Hon’ble Authority be pleased to form Resolution Panel for drawing up a blue
print for the completion of the said real estate project bearing RERA Registration No.
P51800007086;
f) pending hearing and final disposal of the present application, the Respondent be
directed to place on record all approvals, permissions, documentation concerning the said
real estate project bearing RERA Registration No. P51800007086, before Hon’ble
Chairperson & Member, MahaRERA, Mumbai, which has bearing on the said real estate
project;
g) pending hearing and final disposal of the present application, the Respondent be
injuncted from creating any further third party interest in the said real estate project
Lariena Residency bearing RERA Registration No. P51800007086, in respect of the
unsold flats;
h) pending hearing and final disposal of the present application, the Hon’ble Authority
may pleased to direct selling or dealing with or disposal of unsold flats for the purposes
of generating funds for the completion of the balance work/remaining development work
of the said real estate project bearing RERA Registration No. P51800007086 on such
terms and conditions as deem fit;
i) pending hearing and final disposal of the present application, the Hon’ble Authority
may direct freezing the designated bank account of the Respondent of the said real estate
project bearing RERA Registration No. P51800007086 and the same may be permitted
to be de-freezed at a proper state for facilitating for carrying out remaining development
work of the said real estate project;

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5. Brief submissions of complainant are as follows:
A.
That the complainants filed a complaint against the respondent under
section 7(3) of the Act for revoking the project registration and allowing
the firm to remain in the project on terms and conditions.
B.
The complainant had been given a 30-day period to draw mutually
agreeable consent terms by the respondent, which were signed and
executed on 8th January 2021.
C.
However, the matter was disposed off by this Authority as amicably
settled.
D.
The complainant states that the respondent has raised false issues, such as
stagnation of cash flow, cases filed against the respondent by vendors and
contractors. That the complainant expects approval from the Slum
Rehabilitation
Authority
and
further
approvals,
endorsing
the
respondent as a developer post-termination.

6. Brief submissions of respondent are as follows:
A.
Respondents are battling a dispute over a rehabilitation project. The
association, part of the project, has failed to collect instalments from non-
co-operative sale customers, leading to a stop work notice. Contractors
have filed cases against the association for outstanding payments, and
the association denies responsibility for rehab completion.
B.
That project faces challenges such as access road, sewage drainage
connection, water supply, and encumbered access road. All the
customers have not paid service tax, GST, development charges, TDS,
interest on delay, and VAT. There are four ongoing cases which are
affecting the project's progress.
C.
The project is entangled in multiple disputes arising from non-
compliance with consent terms by the association, non-payment of dues
by sale customers, and failure of the association to collect and disburse
funds to contractors, vendors, and landowners. The SRA has issued a

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stop-work notice due to pending rents, leading to High Court
intervention. Several legal cases are ongoing in RERA, City Civil Court, and
High Court, concerning issues such as unpaid contractors, rehabilitation rents,
incomplete approvals, siphoning of funds by agents, and restoration of
developer rights. These matters have stalled construction despite substantial
work already completed, including major portions of the rehab and sale
buildings.
D.
The developer argues that customers have paid significantly less than
their actual liability, avoiding taxes, charges, and instalments, which
has strained cashflow and feasibility. At the same time, approvals
from SRA and MCGM for roads, sewage, and utilities remain
blocked, further delaying progress.
E.
With rehabilitation construction, transit rents, vendor dues, loans, and
landowner payments all being integral to the scheme, the developer
contends that responsibility cannot rest with one stakeholder alone. Until
the pending litigations and financial disputes are resolved, and
regulatory approvals obtained, project completion remains uncertain,
despite the RERA-registered completion date of 2027.

7. From the facts and submissions by the complainants and the respondent; the
preliminary issue that need to be examined at the first instance is whether all the
requisites are complied with by the complainant to decide the issue of revocation on
merits?

8. Before
determining
the
issues
framed
hereinabove
the
following
observations are noteworthy.
A. Originally the complainant filed a complaint CC006000000192342 before
the Authority seeking same relief as in the instant complaint.
B.
Vide an

INTERIM ORDER

dated 21.08.2021 the bench of the then
Chairperson, MahaRERA directed the respondent promoter to hand
over the list of allottees to the complainant. Further mutually

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agreeable consent terms were signed and the complaint CC006000000192342
was disposed on that basis.
C.
This is a project of a Slum Rehabilitation Authority scheme wherein
2 separate society of slum dwellers are in place for rehabilitation, namely
Saidham and Vighnahar and the respondent promoter came to be appointed
as the developer of the project. The complainant society belongs to the sale
component of the project.
D. The complainant submitted that they have appointed PMC and paid
his fees amounts to Rs 2,00,000/- however no receipt of payment is
uploaded.
E.
After perusal of the written submissions and the documents placed on
record, it has come to the notice of the Authority that several litigations
before the Hon’ble High Court and City Civil court are yet to be decided
upon.
F.
It is pertinent to note that the SRA vide order dated 20.06.2017 the
terminate the appointment of the respondent promoter as the
developer of the SRA project. The SRA observed the following:
“From the records of the Scheme it reveals that the Stop Work Order was issued
on Developer for non-payment of rents to the slum-dwellers on 26.05.2015. It
is argument of the Respondents that common L.O.I. was issued for the
development of Saidham S.R.A. CHS alongwith Vignahar CHS but only
Saidham slum-dwellers are making complaints and not the slum-dwellers of
Vignahar. This argument is meaningless and the Developer cannot take shelter
of such trivial excuses. The slum-dwellers have submitted some Index-II of
Village Hariyali File Nos.12842/2016, 480/2017, 564/2017, 4424/2016,
1886/2016, 3122/2016, 12471/2016, 12472/2016, 7860/2016, 2558/2016,
280/2017, 1749/2015 and 500/2017 which shows that the Developer has sold
the rehab tenements in the open market. This act of the Developer is most
objectionable because as per the Slum Act and Regulations the Developers
cannot sell out the rehab portion. For his benefit, the S.R.A. has made provision
of Sale F.S.I. All these things especially nonpayment of the rents and illegal sale
of rehab portion and non-completion of the project, it is crystal clear that the
Builder is not working with clean hands and in the interest of the Society”

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G. The respondent promoter approached the above order of SRA before
the Apex Grievance Redressal Committee (AGRC) and the AGRC
passed the following order on 12.10.2018.
“In view thereof this Committee directs Applicant M/s. SSV Developers &
Builders, partnership firm to deposit with SRA arrears of rent in lieu of Transit
Accommodations of eligible slum dwellers within a period of two months, and
to continue to deposit further rent till the said eligible slum dwellers are
provided permanent rehab tenements in subject S.R. Scheme. In view of said
facts, Stop Work Notice dated 26.05.2015 issued by SRA on ground of non-
payment of rent to eligible slum dwellers stands withdrawn. Further this
Committee directs Applicant M/s. SSV Developers & Builders, partnership
firm to obtain further necessary permissions from SRA and complete the
construction work of Rehab Building and Sale Building as per the sanction plan
and to rehabilitate the eligible Slum Dwellers of subject S.R. Scheme within a
period of one year as well as to handover to SRA 49 PAP Tenements generated
in subject S.R. Scheme as per LOI issued by SRA on 23.09.2009 and that also
within period of one year. Further Applicant M/s. SSV Developers & Builders,
partnership firm to construct the access road forthwith i.e. before completion of
the Rehab Building situated on subject S.R. Scheme plot of land. Therefore,


INTERIM ORDER

dt. 10/06/2018 passed by this Committee that a Impugned Order
dt. 20/06/2017 passed by CEO/SRA u/s 13(2) of Maharashtra Slum Areas (I.C.
& R) 1971 is stayed till further orders stands confirmed. With the aforesaid
direction Application (L) 85 of 2017 filed by Applicant M/s. SSV Developers &
Builders, partnership firm stands disposed off.”
H. The respondent no 1 has uploaded civil court order, list of customers
along with their outstanding dues, order of Hon’ble High court dated

27. 03.2023, and 09.08.2023.
I.
The Hon’ble Bombay High Court vide order dated 09.08.2023 quashed
and set aside the order dated 12.10.2018 of the AGRC mentioned
hereinabove.
J.
As on date there is another complaint bearing number CC12502493
filed before the Authority seeking reliefs under section 18.

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K.
It is also observed that the complainants have not filed on record the
authorisation of more than 51% of allottees required to file a complaint
seeking revocation of the project in accordance to Order no 8 dated

28. 03.2019 issued by the MahaRERA Authority.

9. In view of the above observations, it deems appropriate that all the complaints
and other allottees of the project are required to be heard together to decide on
the prayer of revocation sought by the complainant herein. The complainant
herein is directed to file all the authorization required under Order no 8 dated

28. 03.2019. It is noteworthy that the complainant has also not filed with the
Authority relevant documents of allotment, booking forms, agreements,
payment receipts, etc pertaining to any of the members of the society. The
complainants are directed to file the same with the Authority in appropriate
manner within 15 days from the date of this order. The complainant society is
also directed to submit a declaration outlining their plan and way forward to
complete the project in order to ensure that the project is completed in a time
bound manner by keeping intact the rights and interest of all the stakeholders
of the project. In view of the above, the issue framed at para no. 7 is
answered in the negative.

10. The Registry, MahaRERA is directed to tag all the complaints in this project
and list them on the same date to be heard together with this complaint. The
Registry is further directed to issue notice to all the stakeholders in accordance
to the procedure prescribed by the Authority in accordance with Order no. 08
dated 28.03.2019. Matter be scheduled on 06.10.2025.

11. No order as to costs.


Digitally signed by
MANOJ SAUNIK
Date: 2025.09.05
16:01:22 +05'30'
Manoj Saunik
Chairperson, MahaRERA
MANOJ
SAUNIK