Complaint No. CC005000000095917
and 2 other Complaints

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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY, MUMBAI

1. Complaint No. CC005000000095917

Kripa Anand Rishi Cellular Pvt Ltd Through
Director Mr Manish Ramanlal Dudhedia

.... Complainant

Versus

1. M/s Ashirwad Associates Through
Its Partner Mr Nitin Ratnakar Navgire

2. M/s Ashirwad Associates Through
Its Partner Mr Girish Dhanraj Bhatevara

.... Respondents
Along with

2. Complaint No. CC005000000095923

Kripa Anand Rishi Cellular Pvt Ltd Through
Director Mr Manish Ramanlal Dudhedia

.... Complainant

Versus

1. M/s Ashirwad Associates Through
Its Partner Mr Nitin Ratnakar Navgire

2. M/s Ashirwad Associates Through
Its Partner Mr Girish Dhanraj Bhatevara

.... Respondents
Along with

3. Complaint No. CC005000000095924

Kripa Anand Rishi Cellular Pvt Ltd Through
Director Mr Manish Ramanlal Dudhedia

.... Complainant

Versus

1. M/s. Ashirwad Associates Through
Its Partner Mr Nitin Ratnakar Navgire

2. M/s. Ashirwad Associates Through


Complaint No. CC005000000095917
and 2 other Complaints

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Its Partner Mr Girish Dhanraj Bhatevara

.... Respondents


MahaRERA Project Registration No. P52100015505


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

Ld. Adv. Vijay Mutha appeared for the complainant.
Ld. Adv. Shikhare appeared for the respondent no. 1.
Ld. Adv. Yogesh Tupe appeared for the respondent no. 2.


INTERIM ORDER


(Thursday, 22nd June 2023)

(Through Video Conferencing)


1. The complainant above named has filed these 3 separate online
complaints before the MahaRERA on 23-08-2021 (Sr. No. 1) and on 24-08-
2021 (Sr. Nos. 2 and 3) mainly seeking directions from MahaRERA to the
respondent - promoter to handover possession of its flats as prescribed
under the provisions of the Real Estate (Regulation & Development) Act,
2016 (hereinafter referred to as ‘RERA’) in respect of the booking of its 3
separate flats in the respondent’s registered project known as “Ashirwad
Samruddhi” bearing MahaRERA registration No. P52100015505 located
at Wadhmukhwadi, Pimpri Chinchawad (M Corp.), Dist. Pune.

2. These complaints were clubbed together and the same were heard finally
on 10-05-2023 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


Complaint No. CC005000000095917
and 2 other Complaints

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hearing and they were also informed to file their written submissions if
any. Accordingly, both the parties appeared and made their respective
submissions.

3. After hearing the arguments of both the parties, the following Roznama
was recorded in this complaint -
“The complainant is present. The respondent nos. 1 and respondent
no. 2 are present. The complainant has filed a rejoinder to the replies
of the respondents. The respondents are granted two weeks’ time i.e.
till 24-05-2023 to file their sur-rejoinder to the rejoinder of the
complainant. Apparently, in this matter there is a dispute between
respondent nos. 1 and 2 and a civil suit has been filed by respondent
no.1 for dissolution of the partnership. Further, the respondent no.1
has also filed a police complaint on 14-12-2022 vide no. Criminal
M.A. No. 70 of 22 which is also pending. Therefore, at the outset, both
parties may file their written arguments in the matter within a
period of one week of the filing of the sur-rejoinders by the
respondents i.e. by 31-05-2023 on the issue - whether these
complaints needs to be kept in abeyance due to the pending civil and
criminal matters. Accordingly, these matters are reserved for orders
on the said issue suitably after 31-05-2023 based on the reply,
rejoinder, sur-rejoinder and written arguments of the complainants
as well as respondents.”

4. Pursuant to the aforesaid directions issued by the MahaRERA, the both
the respondents have uploaded their written arguments on record of
MahaRERA on 24-05--2023. The complainant has uploaded its written


Complaint No. CC005000000095917
and 2 other Complaints

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arguments on record of MahaRERA on 30-05-2023. The same are
accepted and taken on record. The MahaRERA has perused the available
record.

5. It is the case of the complainant that it has purchased the said 3 flat nos.
401, 402 and 404 by executing registered flat agreements on 13/1/2016
for the consideration of Rs.22,47,500/-. They have paid Rs.17,47,500/- to
the respondent, as consideration of the flat and balance consideration of
Rs. 5,00,00/- is still due and payable by it. It has further stated that the
respondents had agreed to give the possession of the flats to it on or
before 31-12-2016, but could not commence the construction work till
April 2021 and could not complete the construction work of the building
before December, 2016 and the construction was again commenced
since 25/3/2021. However, the same is going very slowly since then. The
said delay was caused mainly due to dispute between the partners, and
a notice was issued on 23/7/2018 by one of the partners of respondent
no.1 to respondent no.2. However, due to the said delay the complainant
has filed these 3 separate complaints mainly seeking possession of the
said 3 flats along with all agreed amenities. Alternatively, to direct the
respondents and or its partners to refund the consideration amount of
Rs.17,45,500/- along with 12% interest and damages/compensation
thereon since 13/1/2016 till receipt of the amount.

6. The respondent no.1 has filed his reply refuting the contentions of the
complainant and stating that he is the authorized signatory of M/s
Ashirwad Associates which is constructing a project named Ashirwad
Samruddhi, which has registered this project with MahaRERA. In the
said reply the said respondent has mainly disputed the said agreement


Complaint No. CC005000000095917
and 2 other Complaints

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for sale relied upon by the complainant stating that it is a forged
document and for such forgery he has already filed Criminal
Complaint
No. 70
of 2022 before the Judicial Magistrate, 1st Class, Khadki Pune and
the same is pending. He has also stated that there is ongoing dispute
between him and the respondent No. 2 (other partner of his Firm viz
M/s. Ashirwad Associates) and for dissolution of the said partnership
firm he has also filed a Civil Suit before the Civil Court at Pune. He
further stated that all the documents relied upon by the complainant are
either forged or created as his signatures or authorization are nowhere
present on the documents. Further, Ashirwad Samruddhi is a standalone
building constructed at Waghmukwadi Charoli, details of which have
also been mentioned on the MahaRERA website. The voucher provided
in the list of documents by the respondents does not contain signatures
of any of the Partners neither does it contains stamp of Ashirwad
Associates. Further, the agreement to sale mentions Ashirwad
Samruddhi Phase 2 which is nowhere mentioned on the MahaRERA
website. The respondent no.1 has given the details of forged, bogus
transaction between the respondent no.2 and complainants:
a. The respondent no.2 executed a registered Agreement to Sale of Flat
no 401 for consideration of Rs. 22,47,500/- in cash, in favour of Shri
Manish Ramanlal Dudhediya, Shri. Jayesh Vijaykumar Dudhediya
and Shri Rohan Vijaykumar Dudhediya;
b. The respondent no.2 executed a registered Agreement to Sale of Flat
no 402 for consideration of Rs. 22,45,000/- in cash, in favour of Shri.
Manish Ramanlal Dudhediya, Shri. Jayesh Vijaykumar Dudhediya
and Shri Rohan Vijaykumar Dudhediya;
c. The respondent no.2 executed a registered Agreement to Sale of Flat


Complaint No. CC005000000095917
and 2 other Complaints

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no 404 for consideration of Rs. 22,45,000/- in cash, in favour of Shri.
Manish Ramanlal Dudhediya, Shri. Jayesh Vijaykumar Dudhediya
and Shri Rohan Vijaykumar Dudhediya.

7. Moreover, he has further stated that none of the above amounts have
ever been received in partnership account or either by respondent
no.1. Further, the respondent no.2 issued duplicate cash receipts of
“Aashirwad” partnership firm to the complainant and also others
who commonly intended to cheat the respondent no.1. Hence, he had
filed complaint before Dighi Police Station on 22/07/2019. But the
Police did not taken any cognizance of the same. Being aggrieved by
the same, he has filled complaint with the Police Commissioner on
07/05/2021. Even, the said authority did not taken cognizance of the
same. Hence, he has filed a Private Criminal Complaint bearing
Criminal M.A. 70/2022 on 07-03-2022 before Hon’ble Judicial
Magistrate First Class, Khadki Court, Pune against the present
complainant and others. Thereafter, the respondent nos. 1 and 2
executed a Memorandum of Understanding letter dated 29-06-2019,
wherein the respondent no.2 accepted that the acts done by him in
respect of execution of agreement to sale are not valid as per law and
assured that he would get final balance sheet prepared and the share
of respondent no.1 will he handed over by rendering the accounts of
“Aashirwad Associates” i.e. respondent nos. 1 and 2’s firm. But he
failed to do so. Hence, the present respondent no.1 has filed Civil Suit
before Civil Judge Senior Division, Pune, bearing Special Civil Suit
No. 242/2022 against respondent no.2 and against the complainant
for Dissolution of Partnership Firm & Rendition of Account,
Declaration and Injunction. Thereafter, it had come to his knowledge


Complaint No. CC005000000095917
and 2 other Complaints

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that the complainant and others started executing various illegal
documents by misusing the power of Attorney by the original owner
and without his consent.

8. The complainant has filed his rejoinder on record on 18-1-2023 stating
that both the partners of the respondents are together but show that
there is dispute in order to defeat the agreements with the
complainant and to cause wrongful loss to him. It is learnt that one
partner i.e. respondent no.1 is now carrying the construction and
trying to complete the construction work at scheme namely
‘Ashirwad Samruddhi’ and collecting and using the money from the
customers and alleging that the respondent no.2 had wrongfully
executed the agreements with the complainant and customers and
accepted the money without the consent of another partner. The
complainant has no knowledge about the said dispute. As per section
19(1) of the Partnership Act, one of the partners can act on behalf of
the partnership and that will be binding on all partners. The
complainant has further dealt with the reply para-wise and denied
them in toto.

9. The respondent no.2 has also filed his written submission on record
of MahaRERA and has denied the execution of the said agreements
for sale with the complainant and has also denied the payment made
to him by the complainant. He has mainly stated that no authority
was given to the complainant for execution of the said registered
agreements for sale in the year 2016. Hence, he has stated that these
complaints be dismissed since same are not maintainable.


Complaint No. CC005000000095917
and 2 other Complaints

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10. The complainants have filed their written arguments on record on 29-
5-2023 which is mere repletion of what has been stated hereinabove.

11. The MahaRERA has examined the submissions made by both the
parties and also perused the available record. In the present case by
filing these 3 separate complaints, the complainant who is claiming
to be an allottee has approached the MahaRERA mainly seeking
possession of the said 3 flats booked in the present project registered
by the firm known as M/s. Ashirwad Associates, in which the
respondents herein are partners. Alternatively, it has also sought
refund of the entire money paid along with interest. The complainant
has sought the said reliefs by virtue of the registered agreements of
sale dated 13-01-2016. However, the respondent nos. 1 and 2 both
have disputed the said agreements for sale submitted by the
complainant contending that the same are forged and fabricated.

12. Admittedly, the said agreements for sale have been signed by and
between the complainant and the respondent no. 2. However, the
respondent no. 2 has also disputed the same stating that the same are
done without obtaining his authority letter.

13. However, during the course of hearing, it has been brought to the
notice of the MahaRERA by the respondents that due to such forgery,
the respondent no. 1 has already filed a Criminal
Complaint No. 70

of 2022 before the Ld. Magistrate Court at Khardi Pune against the
complainant and the respondent no.2. and the same is pending. The


Complaint No. CC005000000095917
and 2 other Complaints

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respondent no. 2 has also confirmed the same.

14. In view of these facts brought to the notice of MahaRERA, the
MahaRERA prima facie is of the view that the agreements for sale
on which the complainant is seeking relief under section 18 of the
RERA is the subject matter of the Criminal Complaint filed before the
Ld. Judicial Magistrate at Khardi Pune. Hence, the MahaRERA
cannot proceed to decide the claim of the complainant on the basis of
such disputed documents as on date as it may amount to prejudging
the issue pending before the said Criminal Court of law.

15. In view of these facts and in the fitness of justice, the MahaRERA feels
that these complaints will be taken up for decision only after the final
decision of the said Criminal Court of law.

16. In view of these facts, the following order is passed.

a. These complaints are adjourned sine die till final decision in the
pending Criminal
Complaint No. 70
of 2022 before the Ld.
Judicial Magistrate 1st Class at Khardi Pune.
b. The complainant is at liberty to move an application in these
complaints once the said proceeding gets completed.


(Mahesh Pathak)
Member – 1/MahaRERA