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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY
AUTHORITY, MUMBAI

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


Complaint No. CC005000000137157


Radhika Ramakant Nehre
..Complainant/s
Vs
M/s. Sai Proviso Homes through
Its partner Mr. Ruchin Gupta.
..Respondent/s


MahaRERA Project Registration No. P52100002395


O R D E R
On Amendment Application filed by the complainant

(26.08.2024)
(Date of Hearing: 22.08.2024)

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

Adv. Rohit Borvankar for Complainant/s
Adv. Ritika Agarwal for Respondent/s

1. The complainant has filed the present application for amendment in the
complaint. Facts of the application are as follows :

2. According to the complainant, she has filed the present complaint, requesting to
direct the respondent to pay interest on the consideration amount for the delayed
possession since 01.01.2020. According to the complainant, as the respondent
failed to hand over possession of flat on 31.12.2019, she was constrained to execute
registered Leave and License agreement of apartment from 15.08.2020 as she didn’t
had any dwelling house to live with. The complainant was further compelled to
pay Rs.6,90,900/- towards the license fees. If the respondent had offered the
possession of the apartment on the date as mentioned in the agreement for sale, the

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complainant would not have been to book apartment on leave and license basis
and pay extra license fee of Rs.6,90,900/-. Therefore, in addition compensation
amount and the interest paid towards bank loan amount, the complainant is also
entitled for the amount of Rs.6,90,900/- paid towards license fees.

3. According to the complainant, adding the said additional ground in the instant
complaint is very much necessary for fair adjudication of the instant complaint.
The same does not change nature of the complaint and no prejudice would be
caused to the respondent if amendment is allowed. The complainant earlier
handover copy of the registered leave and license agreement to the previous
counsel but inadvertently, he failed to plead the same in the pleadings of the
present complaint. Hence, in the interest of justice, the complainant may be
permitted to amend the complaint and to plead additional facts and ground as
mentioned above.

4. Other side by uploading reply challenged the present application. According to
the respondent, amendment application is hopelessly beyond the time and same
is filed at the fag end of the proceeding. Through this amendment application,
the complainant has sought to place on record fresh documents and raised fresh
claim against the respondent. According to the respondent, Order 13 Rule 1of CPC
which bars any party to the suit to produce any document after the settlement of
issue and as per Order 6 Rule 17 of the CPC that bars an application of amendment
after trial has commenced. It is contended that the execution of the Leave and
License agreement on 14.08.2020 is not newly revealed or unknown fact. The same
is pre existing fact and within knowledge of the complainant since the filing of the
complaint. The complainant cannot therefore, introduce this known fact at this
stage of the proceeding. The complainant has prayed for the additional amount
of Rs.6,90,900/- paid by her towards license fees in addition to the interest and

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compensation as claimed in the complaint. The claim of the license fee not
available under RERA. There is no provision for grant of license fee. The
complainant cannot raise claim as to the issue which are not covered by the
agreement for sale. The complainant’s attempt to attribute defaults to the previous
counsel in order to introduce additional facts and grounds at this fag end of the
proceedings is not only procedurally improper but also completely malafide.
Hence, lastly respondent requested for rejection of the complaint.

5. Heard advocate appearing on behalf of the complainant and respondent
respectively. Adv. Rohit Borvankar appearing for the complainant submitted that
through amendment application the complainant is claiming amount of license
fees which complainant required to pay for the period June 2020 to May, 2023. It
is submitted by the advocate Ritika Agarwal appearing on behalf of the respondent
that amendment is not admissible because the document in question is not new,
and the same should have been part of the complaint. The relevant prayer in
question is ultra virus of Section 18 of RERA Act, 2016 and hence, respondent
opposed the application.

6. It is not in dispute that the complainant filed present complaint requesting to direct
the respondent to pay interest on consideration amount for the delayed
possession. The complainant through this application want to add that as there
was delay in handing over of possession of the flat in question, the respondent
required to execute registered Leave and License agreement as she didn’t had any
dwelling house to live with and for that period she require to pay Leave and
License fees of Rs.6,90,900/- and she wants to claim the same from the respondent
therefore, want to amend the present complaint.

7. The respondent opposed the present application contending that fact regarding
the Leave and License Agreement and payment of leave and license fee of

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Rs.6,90,900/- was known to the complainant at the time of filing of the present
complaint and the said prayer is ultra virus of Section 18 of RERA Act. In my
opinion present application for amendment is not going to change the nature of the
complaint and in order to adjudicate the dispute between the parties on merits at
once for all. Moreover, the respondent is having opportunity to file reply and
contest the amended complaint. In my opinion to avoid multiplicity of litigations,
it is just and necessary to allow the complainant to amend the complaint as prayed
for. Hence, application deserves to be allowed. Hence, I pass following order:
O R D E R

1. The amendment application is allowed.

2. The complainant is permitted to amend the complaint within four corners of
the application within two weeks from the date of this order.

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


(Ravindra Deshpande)


Member-2, MahaRERA
Date : 26.08.2024


RAVINDRA
PADMAKARAO
DESHPANDE
Digitally signed by
RAVINDRA PADMAKARAO
DESHPANDE
Date: 2024.08.26 16:06:56
+05'30'