Complaint No. CC12501660


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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY
MUMBAI

Complaint No. CC12501660

Avadhesh Mishra


... Complainant

Versus

M/S Reddy Builders & Developers


... Respondent

MahaRERA Project Registration No. P51800006729


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

The complainant appeared in person.
Ld. Adv. Akash Gupta appeared for the respondent - promoter.


INTERIM ORDER


(Order Pronounced on Monday, 15th September 2025)
(Matter Reserved for Orders on 25-06-2025)

(Through Video Conferencing)


1. The complainant above named has filed this online complaint before MahaRERA on 22-
05-2025 mainly seeking directions from MahaRERA, to the respondent – promoter, to
execute and register the agreements for sale, to handover the possession and to pay
interest for delay, as prescribed under the provisions of section 13 of the Real Estate
(Regulation & Development) Act, 2016 (hereinafter referred to as ‘RERA’), in respect of
the booking of the 6 flats bearing Nos. 801, 802, 803, 804, 901 and 903, in the respondent
– promoter’s registered project known as “34 Park Estate” bearing MahaRERA
registration no. P551800006729, located at Goregaon West, Mumbai 400 104.

2. This complaint was heard by the MahaRERA on 29-05-2025 and the same was heard
finally on 25-06-2025 along with other connected complaints filed with respect to the
said project 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 the said hearing, and they were also informed to
file their written submissions if any. Accordingly, both the parties appeared and made


Complaint No. CC12501660


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their submissions. The MahaRERA heard the arguments of both the parties and also
perused the available records.

3. After hearing the arguments of both the parties, the following Roznamas were
recorded in this Complaint on 29-05-2025 (single Roznama) and 25-06-2025 ( Common
Roznama was passed in which this complaint was listed at Sr. No. 11) -
i)
On 29-05-2025:-
“First Hearing Matter” Both the parties are present. At the outset, it is
pointed out to the complainant that since there are 6 separate allotment
letters, the complainant needs to file 6 separate complaints. Therefore, the
complainant needs to file a separate application as to which allotment,
this complaint pertains to and file 5 separate complaints thereafter. This
may be done by the complainant within a period of one week i.e. by 05-06-

2025. The complainant may also serve copy of the application and the
complaints filed accordingly on the respondent by the said date.
Accordingly, the complaint is adjourned to a suitable date after 05-06-2025
as a first hearing matter since the respondent has contended that it is ready
and willing to execute the agreement for sale as per the prayer of the
complainant. List the matter for next hearing on 23-06-2025
ii)
On 25-06-2025:-
“Both the parties are present, except the respondent - allottees in Sr. No. 7
(CC006000000590999), 8 (CC006000000591000), 9 (CC006000000591002) are
absent. The complainant -allottee at Sr. No. 11 (CC12501660) is also
absent. The promoter - the complainant in the complaints at Sr. No. 7
(CC006000000590999), 8 (CC006000000591000), 9 (CC006000000591002)
and 10 (CC006000000591003) and the respondent in the complaint at Sr.
No. 11 has confirmed that the matters are amicably settled and the
promoter would upload the settlement / withdrawal documents in the
complaints within a period of 2 days i.e. by 26-06-2025. In the complaint
at Sr. No. 11 (CC12501660) also the respondent contends that the terms of
settlement have already been signed by both the parties and the promoter


Complaint No. CC12501660


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would upload the same in the complaint by tomorrow i.e. by 26-06-2025.
The respondent - allottees at Sr. No. 7, 8, 9 and the complainant - allottee
at Sr. No. 11 are absent despite notice and have also not objected to the
said withdrawals / settlements. The allottee in Sr. No. 10 has confirmed
the contention of the promoter. Accordingly, the complaints at Sr. No. 7, 8,
9 and 10 are disposed of as withdrawn while the complaint at Sr. No. 11
would be disposed of as settled and withdrawn, suitably after 26-06-2025,
once the promoter uploads the said documents in the complaints.”

4. However, it has been brought to the notice of MahaRERA that despite directions, neither the
complainant nor the respondent has uploaded any withdrawal application or settlement terms
on record. However, on 10-07-2025, the complainant uploaded a letter dated 10-07-2025
requesting that this complaint be listed post expiry of 60 days in terms of the undertaking dated
13-06-2025 given by the respondent.

5. In the said letter, the complainant has further stated that subsequent to the filing of this
complaint, the respondent issued a letter dated 13-06-2025 expressing its willingness to
execute the registered agreements for sale in respect of the flats booked by him within
60 days. He has further submitted that he is in the process of filing separate complaints
for allotment of each flat and, therefore, prayed for his application to be allowed.

6. Be that as it may, in the present case, as recorded in the aforesaid Roznama dated 29-
05-2025, during the first hearing of this complaint, the respondent has expressed its
readiness and willingness to execute the registered agreements for sale with the
complainant. Accordingly, the respondent issued a letter dated 13-06-2025 to the
complainant to that effect. Pursuant to the said letter, both parties had agreed to upload
the consent terms on record of MahaRERA on or before 26-06-2025.

7. However, the record shows that neither the said letter dated 13-06-2025 nor the consent
terms duly signed by both parties have been uploaded on record till date. Moreover, by
filing the said letter dated 10-07-2025, the complainant has sought an adjournment for
60 days.

8. Considering the aforesaid facts, MahaRERA is of the considered view that since no
settlement has been concluded between the parties, even after filing of the


Complaint No. CC12501660


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complainant’s letter dated 10-07-2025, the MahaRERA cannot be expected to wait for an
inordinately indefinite period for the parties to act upon their assurances. Hence, the
MahaRERA has no other alternative but to adjudicate this complaint on its own merits.

9. In view of the above, the following order is passed:
a) The Roznama dated 25-06-2025 passed by MahaRERA in this complaint stands
rectified.
b) The Registry of this Bench is directed to list this complaint for the next hearing on
merits as per its seniority.
c) Both parties are directed to complete their pleadings in the matter before the next date
of hearing.

(Mahesh Pathak)
Member – 1/MahaRERA