Comp. CC006000000303396
BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY
AUTHORITY, MUMBAI
Virtual Hearing held through video conference as per
MahaRERA Circular No.: 27/2020

Complaint No. CC006000000303396

Mukesh Sevantilal Shah
..Complainant/s
Vs
Mukund Popatbhai Parmar
..Respondent/s

MahaRERA Project Registration No.P51800003615

O R D E R
On Amendment Application of The Complainant
(03.12.2024)
(Date of Hearing: 03.10.2024)

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

Ld. Adv. Ritika Iyer i/b Anil D’souza for Complainant/s
None for Respondent/s

1. The complainants have filed present application for amendment in the
complaint. In short, facts of the application are as under.

2. According to the complainants, the complainants filed present application for
amendment in the complaint and reliefs therein due to further development
made by the respondents
in relation to Commencement Certificate earlier
uploaded on MahaRERA website. Earlier, the Commencement Certificate dated

14. 06.2018 was uploaded on the website of MahaRERA by the respondents and
the complainants taken into consideration
the said date of Commencement
Certificate
while filing the present complaint. Later on the respondents have
uploaded another Commencement Certificate of dated 02.12.2016 which is
issued prior to one mentioned in the present complaint.
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Comp. CC006000000303396

3. It is the contention of the complainants,
that in the present complaint,
an
agreement for Permanent Alternative Accommodation
dated 24.11.2017 with
respect to flat alongwith saleable area was executed between the respondents
and the complainants.
As per the said agreement for Permanent Alternative
Accommodation, respondents have promised that possession shall be within 30
months from the date of receiving Commencement Certificate. Therefore, the
complainants submitted that since the possession date in the present complaint
can only be calculated
on the basis of date of Commencement Certificate
received by the respondents.
Hence, it is absolutely necessary to correct the
Commencement Certificate
as brought on the record.
In the light of above
aforesaid circumstances, the complainants may be allowed to amend the present
complaint and reliefs therein. The complainants have uploaded Commencement
Certificate
issued in favour of the respondents
and the same is dated

02. 12.2016.
Hence, complainants lastly
requested that complainants may be
allowed to amend the date of Commencement Certificate to 02.12.2016 in the
present complaint, so as to calculate the correct date of possession, allow the
complainants
to amend the date of possession to 02.06.2019 as the date of
possession within 30 months
from the date of receiving the Commencement
Certificate. Direct the respondents to pay the interest at the applicable rate of
interest to the complainants as per statement of claim for each month’s delay
in handing over of possession of the said revised flat from 02.06.2019 till actual
handing over of the possession of the said flat.

4. Heard the advocates appearing on behalf of the complainants.
The
respondents
have not uploaded reply to the main complaint till today.
Considering the fact that earlier Commencement Certificate dated 14.06.2018,
was uploaded by the respondents and accordingly, the complainants taken into
consideration date of the said Commencement Certificate while filing the
present complaint and later on the respondents have uploaded Commencement
Certificate
dated 02.12.2016.
It is the contention of the complainants that the
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Comp. CC006000000303396
agreement for Permanent Alternative Accommodation dated 24.11.2014 with
respect to the flat, was executed between the parties and
as per the said
agreement, the respondents have promised that possession date shall be within
30 months from the date of receiving
Commencement Certificate.
It is the
contention of the complainants that it can only be calculated on the basis of date
of Commencement Certificate received by the respondents.
Considering the
said facts, in my opinion to avoid multicity of the litigations and to adjudicate
the matter between the parties properly at once for all, and considering that the
facts that the respondents
have opportunity
to file reply and to contest the
complaint, in my opinion, present application deserves to be allowed. Hence, I
pass following order:
O R D E R

1. The application is allowed.

2. The complainants are permitted to amend the complaint within four corners
of the present application.

3. The complainants are directed to upload present amendment application on
MahaRERA website.
(Ravindra Deshpande)
Member-2, MahaRERA
Date : 03.12.2024
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RAVINDRA
PADMAKARAO
DESHPANDE
Digitally signed by
RAVINDRA PADMAKARAO
DESHPANDE
Date: 2024.12.03 12:13:03
+05'30'