BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY
MUMBAI

Complaint No. CC004000000050541

Mangesh Bhaskar Nandurkar and 4 others


... Complainant/S

Versus

M/S Padmadeep Developers Thane


..Respondent/s


MahaRERA Project Registration No. P50500006621


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

The complainant appeared in person.
None appeared for the respondent.


INTERIM ORDER


(Friday, 24th May 2024)

(Through Video Conferencing)


1. The complainant above named has filed this online complaint on behalf of
other purchasers before the MahaRERA on 21-09-2023, mainly seeking
directions from MahaRERA to the respondent to stop all financial dealing and
any kind of new development in this project as prescribed under the
provisions of the Real Estate (Regulation & Development) Act, 2016
(hereinafter referred to as ‘RERA’) in respect of the booking of 80 row houses
and 96 flats, in the respondent’s registered project known as “PEARL
HERITAGE
GOVARDHAN”
bearing
MahaRERA
registration
No.
P50500006621 located at Vihirgaon, Dist. Nagpur.

2. This complaint was heard on 6-11-2023 as a first hearing matter and the same
was heard finally on 01-01-2024 as per the Standard Operating Procedure
dated 12-06-2020 issued by MahaRERA for hearing of complaints through


Complaint No. CC004000000050541


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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.
The complainant appeared and made its submission, however, the respondent
remained absent. The MahaRERA heard the submission of the complainant
and also perused the available records.

3. After hearing the submission of the complainant, the following Roznama was
recorded in this complaint-
““First Hearing Matter” The complainant is present. The respondent is
absent. The respondent has also not filed any reply to the said complaint
although the respondent was present at the previous hearing on 06-11-2023
and was supposed to file its reply to the issue of maintainability of the
complaint as the group issues are raised by the individual allottee
(complainant herein). Therefore, the respondent is granted one last chance to
file its reply to the complaint along with its written arguments within a
period of one week i.e. by 08-01-2024. The complainant may file a rejoinder
to the said reply of the respondent and his written arguments within a further
period one week i.e. by 15-01-2024, even if the respondent does not file any
reply. Therefore, this matter is reserved for order suitably after 15-01-2024
based on the arguments of the complainant as well as reply, rejoinder and
written arguments filed in the complaint.”

4. However, despite specific directions being given by the MahaRERA, both the
parties have not uploaded their reply/written arguments/rejoinder on the
record of the MahaRERA. However, on 14-01-2024, the complainant has
uploaded application under the head ‘resubmission of application’. The
MahaRERA has perused the available record.

5. It is a case of the complainant that, he has filed this complaint raising group
issues stating that he along with other purchasers are the owners of the 80 row


Complaint No. CC004000000050541


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houses and 96 flats. The complainant further stated that, he with other
purchasers have purchased their respective units by executing agreement for
sale in the year 2010 and have paid the payment as per the payment schedule
mentioned as per agreement. The respondent started giving possession of their
units from 2017. During the period of handing over of possession, the
respondent has taken money as township development charges from
Rs.1,40,000/- to 1,75,000/- from each row house / flat owner for development
of township for completion of following amenities viz:-
A) Complete Tar Road,
B) Drainage system (Sewar Line, Storm Line, Rainwater Harvesting Etc),
C) Playground for Children, Jogging Track for Senior Citizen.
D) Sitting Arrangement in Garden Area.
E) Community Hall for all owners with proper equipment.
F) Gym in community hall with proper equipment.
G) Fencing 3 ft. on Society Wall compound with Water Proof Painting. 8.
Proper water proofing on Row Houses, Tower 1 & 3.
H) Intercom facility
I) Numbering on each RH and Flat
J) Passage area for building
K) Allotted parking area.
L) 2 Lifts in each Building with power back up as both are 6 floor building.
M) Fire Fighting facility in each building.
N) 10 Shops for local purchasing.
O) No proper Drainage system Flood water as every year suffering from
flood situation in area from 2017 onwards.

6. However, the respondent has failed to complete the above stated amenities in
the project. Hence, the complainant being aggrieved by the said inactions on the
part of the respondent has filed this complaint before the MahaRERA mainly


Complaint No. CC004000000050541


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seeking direction to the respondent to stop all financial dealing and any kind of
new development in the respondent’s project.

7. The complainant has uploaded complaint copy in form ‘A’ on record of
MahaRERA on 29-12-2023 wherein he mentioned himself as the complainant on
behalf of the ‘Pearl Heritage Society”.

8. The complainant has uploaded one application under the head ‘resubmission
of application’ on 14-01-2024 wherein all the members of the ‘Pearl Heritage
Society’ have signed the application with the entire list of incomplete work and
prayed to direct the respondent to complete the work or make available the
funds to society to complete the work and to restrict the respondent from
selling the 48 flats in the new project being developed in the township.

9. The respondent despite notice has neither appeared for the hearings held in
this complaint, nor has filed any reply to this complaint, despite specific
directions given by the MahaRERA. It shows that the respondent is not willing
to contest this complaint. Hence, the MahaRERA has no other alternative but
to decide this complaint ex-parte against the respondent on merits.

10. The MahaRERA has examined the submissions made by the complainant and
perused the available record. The complainant by filing this complaint mainly
raised common sort of issues in respect of the incomplete common amenities
in the project. He has mainly contended that the respondent promoter
although has taken additional money from the allottees of this project towards
the township development charges but it has failed to complete the same.
Hence, he has filed this complaint seeking the aforesaid relief as sought for, in
this complaint.


Complaint No. CC004000000050541


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11. In the present case, during the hearing held on 6-11-2023, the MahaRERA has
prima facie noticed that the complainant by filing this individual complaint is
raising a group issue, which ought to have been raised by the said association
of allottees and hence, the present complaint is not maintainable in the form in
which it is filed before the MahaRERA. Hence, both the parties were directed
to file their reply/ written submissions on record of MahaRERA on the said
issue of maintainability.

12. In view of these facts, the MahaRERA is of the view that before going into the
merits of this case, the MahaRERA has to first decide the said preliminary issue
of maintainability of this complaint raised by the MahaRERA.

13. However, despite specific directions being given by the MahaRERA, the
respondent has failed to upload any reply on the issue of maintainability of
this complaint. However, the complainant has uploaded written submissions
on record of MahaRERA on the letter heard of “Pearl Heritage Society” (seems
to be unregistered as per the letterhead) stating that this complaint is filed by
him on behalf of 64 allottees of this project.

14. Further, on bare perusal of the online complaint filed by the complainant, it
appears that although the complainant has mentioned only his name in the
cause title of this complaint however, in the concise statement he has
mentioned the names of other 4 allottees. Meaning thereby, the present
complaint is initially filed by a total of 5 allottees of this project. However,
subsequently, the complainant seems to have modified this complaint by
obtaining the signature of 64 numbers of allottees. Moreso, the complainant
although has submitted the said written submissions on the letterhead of “Perl
Heritage Society”, however, he has failed to submit any resolution passed by
the said society authorising the complainant herein to file this complaint on


Complaint No. CC004000000050541


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behalf of the majority of the allottees of this project raising such group issues.

15. However, in the present case the MahaRERA has also noticed that as per the
webpage information uploaded by the respondent promoter, it has registered
total 272 units (row house and flats) out of which a total of 124 units have been
sold and allotted to the allottees. However, on bare perusal of the said written
submissions filed by the complainant on record of MahaRERA on 14-01-2024,
it appears that 64 allottees have supported the present complaint filed by the
complainant herein raising such issues in respect of the incomplete amenities.
It shows that the present complaint is in fact filed on behalf of 64 allottees of
this project.

16. The complainant herein although has obtained the signature of the other
allottees of this project in support of his complaint subsequently, the
MahaRERA cannot ignored the said crucial fact that out of total 124 booked
units of this project, total 64 allottees have supported this complaint.
Furthermore, merely on the technical ground that the present complaint is
filed by an individual allottee, it would not be just and proper now to dismiss
this complaint being not maintainable.

17. In addition to this, the MahaRERA has also noticed that as per the webpage
information uploaded by the respondent promoter on the MahaRERA website,
it appears that although the project registration issued by the MahaRERA in
favour of the respondent has lapsed on 30-12-2021, the respondent has not
uploaded form 4 architect certificate, or the OC issued by the concerned
competent authority. It shows that the project is still incomplete and the
respondent has not revived this project. It shows that there is substance in the
aforesaid common issues raised by the complainant about incomplete
common amenities kept by the respondent promoter. All these issues needs to


Complaint No. CC004000000050541


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be ascertained by the MahaRERA by granting an opportunity of hearing to
both the parties.

18. In view of these observations, the following order is passed: -
a) The present complaint is held to be maintainable under the provisions of
the RERA.
b) The registry of this Bench is directed to list this complaint for next hearing
strictly as per seniority.
c) In the meantime, the respondent promoter is hereby directed to file its
reply to this complaint.


(Mahesh Pathak)
Member – 1/MahaRERA