Complaint No. CC006000000303061


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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY
AUTHORITY, MUMBAI


Complaint No. CC006000000303061


Ratan Nihalchand Thakur


... Complainant

Versus

1. Sonal Constructions Partner Mr.Vijay Yadav

2. Sameer Shah, Partner Sonal Constructions


... Respondent


MahaRERA Project Registration No. P99000025608


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

Ld. Adv. Rajat Sangwan appeared for the complainant.
Mr. Sameer Shah appeared for the respondent.

INTERIM ORDER
(Order Pronounced on Thursday, 06th March 2025)
(Matter reserved for orders on 28-11-2024)

(Through Video Conferencing)


1. The complainant above named has filed this online complaint before the
MahaRERA on 16-10-2022 mainly seeking directions from the MahaRERA, to
the respondent promoter, to execute the registered agreement for sale and also
to pay interest and compensation for the delay as prescribed under the
provisions of sections 13 and 18 of the Real Estate (Regulation &
Development) Act, 2016 (hereinafter referred to as ‘RERA’), in respect of the
booking of 3 flats bearing nos. 105, 201 and 304 on the 1st, 2nd and 3rd floor
respectively admeasuring 637.24 sq.ft (hereinafter referred to as ‘the said flats’)
of the proposed residential building known as “Sonal Uday” in the
respondent’s registered project bearing MahaRERA registration No.
P99000025608 situated at Boisar, Mira Road (West), Dist. Palghar (hereinafter


Complaint No. CC006000000303061


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referred to as the ‘said project’).

2. This complaint was heard on several occasions and the same was heard finally
on 28-11-2024 as per the Standard Operating Procedure dated 12-06-2020
issued 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 appeared as per their appearances recorded in the
Roznamas and made their submissions. The MahaRERA heard the
submissions of the parties as per their appearances recorded in the Roznama
and also perused the available record.

3. After hearing the arguments of both the parties, the following Roznamas were
recorded in this complaint–
i)
On 26-12-2022:
“First Hearing matter.
Both parties are present. Both parties agree that the matter may be referred
to the Conciliation Forum for exploring the possibility of an amicable
settlement. Therefore, the matter is referred to the Conciliation Forum for an
amicable settlement. In case conciliation fails, the parties may approach this
Authority again. However, the seniority of the matter will not be disturbed.”

ii)
On 28-08-2024 :
“The complainant is present. The respondent is absent. The complainant is
directed to upload the copies of the allotment letters as well as the receipts
in the complaints for the allotment of the 3 flats, within a period of 1 week
i.e. by 04-09-2024, if not already done so. The respondent may file its reply to
this complaint along with written arguments within a further period of 4
weeks i.e. by 02-10-2024. The complainant may file a rejoinder to the reply of
the respondent within a further period of 4 weeks i.e. by 30-10-2024 . The
complainant has prayed for possession along with interest and


Complaint No. CC006000000303061


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compensation for delay as the allotment letter mentions that the project
would be completed within one year, according to the complainant. As the
allotment letter was issued in the year 2014, the complainant has prayed for
possession with interest and compensation for delay. The complainant is
also expected to explain the reasons for delay in filing this complaint in his
rejoinder and written arguments. The matter is adjourned to a suitable date
after 30-10-2024 for final arguments by both the sides. List the matter for
next hearing on 19-11-2024.”
iii)
On 19-11-2022:
“The complainant is present. The respondent is absent. In fact neither the
respondent is present today nor has filed any reply to this complaint.
Although the respondent was present in the conciliation proceedings, which
failed. The complainant has filed this complaint for execution of the
agreement for sale as well as possession along with interest and
compensation for the delay. The complainant has paid an amount of Rs.
13,50,000/- for 3 flats vide 2 allotment letters of 19-12-2014 and 20-12-2014.
The total consideration of the said flats was Rs. 17,36,000/- for flat No. 105
and 304 while the consideration for flat No. 201 is Rs. 13,00,000/-.
Admittedly, there is no date of possession mentioned in the allotment letters
and according to the complainant, the delay in filing of the complaint is
because the respondent was assuring that it would sign the agreement for
sale once the project got initiated, which took time. Be that as it may, the
respondent is given one last chance to file its reply along with written
submissions within a period of one week i.e. by 26-11-2024. The complainant
may file a rejoinder with written submissions within a further period of one
week i.e. by 03-12-2024, even if the respondent does not file any reply /
written submissions. In case the respondent does not file any reply /
rejoinder, the MahaRERA will be constrained to decide this matter ex-parte
against the respondent on merits. Accordingly, this matter is reserved for
order suitably after 03-12-2024 based on the arguments of the complainant
in the hearing as well as the reply, rejoinder and written arguments filed in


Complaint No. CC006000000303061


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the complaint.”

4. Despite directions, the respondent has not filed any reply or written
submissions on record of MahaRERA. However, the complainant has filed his
rejoinder on 16-12-2024. The same is accepted and taken on record. The
MahaRERA has perused the available record.

5. It is the case of the complainant that he has not filed the complaint in the proper
format. The complainant has uploaded the synopsis of his complaint stating
that he has booked 3 flats and paid advance of Rs.3,50,000.00/- for flat number
105, Rs 5,00,000.00/- for flat number 201 and Rs.5,00,000.00/- for flat no. 304
(total amounting to Rs 13,50,000.00/-) against the same in the under
construction project named “SONAL UDAY” promoted by M/s Sonal
Constructions at Meera Road (West), in Palghar District, Maharashtra. M/s
Sonal Constructions, the builders, vide letter dated 19.12.2014, 20.12.2014 and

20. 12.2014 confirmed the allotment of the referred flats. M/s Sonal
Constructions, the builders, were not able to complete / carry out the further
construction, nor did they enter into a sale agreement confirming the sale.
Later on, due to RERA guidelines they did not enter into a sale agreement for
want of registration with RERA authorities. Even after RERA registration they
did not enter into a sale agreement, despite continuous follow up by the
complainant. Further, the complainant states that now, he has been informed
that the builder has entered into a sale agreement with one Mr Jha for the flats
allotted to him on some plea from him.

6. The complainant has uploaded the allotment letters in respect of the said three
flats.

7. The complainant has filed his rejoinder on 16-12-2024 as directed by
MahaRERA in the hearing dated 19-11-2024 stating that the respondent M/s


Complaint No. CC006000000303061


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Sonal Constructions, the developer / builder is neither attending the hearings
for the last three dates, nor is complying with the orders of the MahaRERA by
filing its submissions with regard to Roznamas dated 28.08.2024 and

14. 11.2024. Further, the “Buyer” Mr Suresh Jha, was in full knowledge of the
fact that the flats being bought by him are allotted to the complainant and as
such has connived with M/s Sonal Constructions (builder) in its criminal act.
The complainant further prayed MahaRERA to direct Mr. Suresh Jha to
transfer at least one flat, either 105 or 304 admeasuring carpet area as 637.24
Sq. Ft considering fully paid up consideration against Rs. 13,50,,000/- being
already paid to M/s Sonal Builders, and further the interest thereon from the
date of payment i.e. 18.12.2014. Further, it is pertinent to mention that market
value of flat nos. 105 or 304 as on date is much lesser than the claim of Rs 13.5
Lacs and interest thereon with effect from 18.12.2014 (Value shown in
allotment letter dated 20.12.2014 is 17,36,000.00). The complainant therefore
prays to issue appropriate orders directing the respondents not to hand over
the possession of any of the aforementioned flats to the buyer Mr. Jha and
appropriate punishment be imposed on the Partners of M/s Sonal
Constructions for committing the criminal act of selling the flats, allotted to the
complainant.

8. The respondents, although have appeared for the first hearing held on 26-12-
2022, have neither appeared for the further hearings held in this
complaint nor

have filed any reply to this complaint, despite directions. Hence, the
MahaRERA has no other alternative but to decide this complaint ex-parte
against the respondents on merits.

9. The MahaRERA has examined the submissions made by the complainant and
has also perused the available record. The complainant herein claiming to be
an allottee of the said project by filing this complaint under section 31 of the
RERA, has approached the MahaRERA mainly seeking reliefs under sections


Complaint No. CC006000000303061


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13 and 18 of the RERA towards execution of the registered agreements for sale
with respect to the said flats and also for payment of interest and compensation
on account of the delay. The complainant has agitated the said claims by virtue
of the allotment letters dated 19-12-2024 ( for flat no. 105 booked for a total
consideration amount of Rs. 17,36,055/-) and dated 20-12-2014 ( for flat nos.
304 and 201 booked for a total consideration amount of Rs. 17,36,055/-).

10. The complainant has mainly contended that he has paid an amount of Rs.
3,50,000/- ( for flat no. 105) and Rs. 5,00,000/- each ( for flat nos. 201 and 304)
and in total he has paid an amount of Rs. 13,50,000/- towards the said booking
despite that the respondent has failed to execute the registered agreements for
sale with him and also to handover possession of the said flats to him till date.

11. The complainant by filing his rejoinder on record of MahaRERA ( although the
respondents have not filed any reply to this complaint) and stated that the said
flats have been purchased by the one Mr. Suresh Jha despite having knowledge
that the same have been sold to him by the respondents. Hence, instead of the
said 3 flats , he has prayed for execution of the registered agreement for sale
either for flat no. 105 or 304 admeasuring carpet area as 637.24 Sq. Ft
considering that the fully paid up amount out of Rs. 13,50,000/- is already
paid to the respondents.

12. However, in the present case, as stated hereinabove, the respondents have
neither appeared for the hearings held in this
complaint nor
filed any reply to
this complaint. Hence, all the contentions raised by the complainant in this
complaint against the respondents remain undisputed and unchallenged.

13. Be that as it may, on bare perusal of the submissions made by the complainant
and after perusing the available record, the following observations are
noteworthy in this complaint:-


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a) Admittedly, the said flats have been allotted to the complainant vide the
allotment letters dated 19-12-2014 and 20-12-2014 and the complainant has
paid an amount of Rs. 13,50,000/- ( for all 3 flats).
b) The said allotment letters and the payments made by the complainant have
not been denied by the respondents by filing any reply to this complaint as
stated above.
c) However, on bare perusal of the submissions made by the complainant
herein in his rejoinder filed on record of MahaRERA on 16-12-2024, it
appears that the said flats booked by the complainant have been allotted to
one Mr. Suresh Jha by the respondent. Hence, the complainant has alleged
that there is connivance between the said Suresh Jha and the respondents
and they both have indulged in a criminal act. Hence, the complainant by
filing the said rejoinder has sought to modify the substantive reliefs from 3
flats to one flat.
d) However, the complainant has neither filed any amendment application on
record of MahaRERA, nor has joined the said buyer Mr. Suresh Jha as party
respondent to this complaint since, he is seeking a flat allotted to the said
third party without impleading him as party respondent.
e) In addition to this, the MahaRERA has also noticed that the complainant
has not submitted any supportive documents on record of MahaRERA as
to how the said flats booked by him have been allotted to the said third
party. Hence, without verifying the actual flats, the MahaRERA cannot
allow the complainant herein to modify his prayers.
f) Moreso, the MahaRERA has also noticed that the project registration issued
by the MahaRERA in favour of the respondents has also lapsed on 30-06-
2022 and the respondents although have applied for extension to the
MahaRERA on 30-06-2022, they have not yet complied with the queries
raised by the concerned department of MahaRERA, and the said
application is still pending for scrutiny. Hence, till the project gets revived
the MahaRERA prima facie feels that the directions as sought for by the


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complainant under section 13 of the RERA cannot be granted to the
complainant at this stage.

14. In view of these facts, stated hereinabove, the MahaRERA prima facie feels that
without ascertaining the aforesaid facts, the MahaRERA is of the view that the
claims of the complainant sought under sections 13 and 18 of the RERA cannot
be decided on merits.

15. In view of the above, the following order is passed:-
a) The complainant is directed to file an amendment application for joining
the said Mr. Suresh Jha as respondent no. 3 to this complaint within a
period of 2 weeks from the date of this order and serve the copy of the same
to the respondents as well as to the said Mr. Suresh Jha within the said
period.
b) The respondents as well as the said Mr. Suresh Jha are directed to file their
reply to the said amendment application within a period of one week from
the date of receipt of the said amendment application.
c) The registry of this Bench is directed to forthwith serve the copy of this


INTERIM ORDER

to the complainant as well as to the respondents through an
email.
d) List this complaint for next hearing on 27-03-2025 for further hearing.


(Mahesh Pathak)
Member – 1/MahaRERA