Comp. No. CC004000000030491
BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY
AUTHORITY, MUMBAI


Virtual Hearing held through video conference as per
MahaRERA Circular No.: 27/2020


Complaint No. CC004000000030491


Muskaan Nayyar
..Complainant/s

Vs

Mahendra Shaymrao Taywade

..Respondent/s

MahaRERA Project Registration No. P50500029870


O R D E R
on Amendment Application
(10.10.2025)
(Date of Hearing: 16.07.2025)

Coram: Shri. Ravindra Deshpande, Member-II, MahaRERA

Adv. Shraddha Buddha for Complainant/s
None apeared for Respondent/s

1. ​ The complainant has filed the present application for amendment in the complaint.

2. ​ In short the facts of the application are as follows:

3. ​ It is the contention of the complainant that while giving necessary instructions to the
counsel, the complainant discovered certain facts which would have a bearing on
the subject matter on the present suit have been missed out. The relief of
restoration of possession appears to be inadvertently omitted. There have been
various subsequent development that took place during the pendency of the present
complaint and same is necessary to brought on record and hence, complainant filing
present application.

4. ​ According to the complainant, the complainant is wife of late Harbinder Nayyar
who was in possession of flat no. G-2 situated on plot no. 27/28, CTS no. 2270,

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Comp. No. CC004000000030491
mouze Ambazari mouza no. 115/T hat no. 187, ward no. 74, situated at Dongre
layout, Shraddhanand peth, Nagpur. The said flat was purchased by husband of
complainant from one Sujata Abhyankar vide sale deed dt. 31.05.2007. In the year
2012, talks regarding redevelopment of said entire building took place with the
members of the society. On 07.06.2013 the tender came to be allotted to the
respondent. Initially the said building had 16 flats and after redevelopment the said
building would consist of 28 flats. On 16.08.2018, agreement of development came to
be executed between the society members and the respondent. The said society is
having name Jivan Vihar Co-op. Hsg. Society Ltd. Nagpur. It is registered society.
The husband of the complainant was member of the said society.

5. ​ On 16.08.2018, a general power of attorney executed between the 15 members of the
society excluding the complainant’s husband. Neither family of the complainant
nor the husband of the complainant was informed about the agreement to
development and the general power of attorney being executed. On 20.01.2020, a
confirmation deed confirming the agreement to development and power of attorney
was fraudulently executed between the husband of the complainant, respondent
and the said society. The husband of the complainant passed away on 08.08.2020.
Thereafter, on 20.08.2020, a correction deed executed between the members of the
society and the respondent herein. About the same the complainant was not been
made by the members of the society. After demise of husband, the complainant was
residing with her kids in the said flat. During the pendency of the suit and present
complaint the developer in May, 2024, transfer the flat no. 601 to Mr. Prabhakar
Pusatkar.

6. ​ After completion of the work of redevelopment the respondent was supposed to
allot new flats to the members of the society. While allotting the said, the
respondent has executed the complainant and asked her to accept Rs.35 lakhs as per
the confirmation deed executed and leave the flat. It was the first instance when the
complainant got know about the said confirmation deed. In the month of April,

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Comp. No. CC004000000030491
2022, the respondent ended up the complainant and her old mother in brought day
light by sending goons in order to scare the complainant and get the possession.
The same has been reported to police and FIR came to be registered and criminal
case pending in the court in which the respondent has been named as accused no. 8.

7. ​ The complainant denied to vacate the flat without any alternate accommodation and
continued staying there. Thereafter, respondent filed civil suit relying upon the
fraudulent documents created by the society and the respondent. The said suit is
pending for adjudication. During the pendency of the said suit, respondent and the
society members on 17.02.2023, in collusion with the Nagpur Municipal Corporation
illegally dispossessed the complainant from flat in question and respondent grabbed
the possession without legal order and hence, the complainant filed the present
complaint before this Authority for possession of the flat wherein she was residing
and also claiming damages.

8. ​ The above amendment does not change the nature of the complaint and same is
necessary on account of subsequent development. If the same is not allowed, the
complainant will be put to grave irreparable loss. Hence, it necessary to allow
application.

9. ​ The other side has not filed say to the application.

10. ​Considering the averments of the application and in order to decide, the case on
merits, by giving appropriate opportunity to the party and to avoid multiplicity of
the proceeding, in my opinion, the application deserves to be allowed. Hence, I pass
following order:
O R D E R

1. ​ The application is allowed.

2. ​ The complainant is permitted to amend the complaint within four corners of this
application within 15 days from the date of this order.

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Comp. No. CC004000000030491

3. ​ The complainant is directed to upload the amended complaint on MahaRERA
website immediately.


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(Ravindra Deshpande)
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Member-II, MahaRERA
Date : 10.10.2025

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RAVINDRA
PADMAKARAO
DESHPANDE
Digitally signed by RAVINDRA
PADMAKARAO DESHPANDE
Date: 2025.10.10 16:48:21
+05'30'