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CORAM: Ravindra Deshpande, Member II, MahaRERA


COMPLAINT NO.: CC005000000238529

Hybrid Hearing held through video conference as per MahaRERA Circular No.: 49/2025
TERRAZA COMPLEX CHS LTD THROUGH ITS
CHAIRMAN SANTOSH LONDHE
RAMCHANDRA LONDHE
…COMPLAINANT
Vs
M/S SANSKRUTI CITY SPACE
THROUGH ITS PARTNER RAMESH PATEL
…RESPONDENT

MahaRERA Project registration No. P52100006921

Order on Amendment application

11. 12.2025
(Date of Hearing: 11.09.2025)

Coram: Shri. Ravindra Deshpande, Member 2 MahaRERA

Adv. Shivjeet Golekar for the Complainant
Adv. Shashikant Kulkarni for the Respondent

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

2. It is seen that the complainant has requested to direct the respondent to
rectify the defects within 3 months from the date of filing of the complaint
at his own cost. He also requested to direct the respondent to reimburse
the cost of rectifying the deficiencies in case the deficiency is not removed
by the Respondent within 3 months from the date of filing of the
complaint along with the interest @ 18% per annum and damages of
Rs.5,00,0000/- ( Rupees Five Crore only) be awarded in favour of the
Complainant for deprivation/loss of amenities in the form of swimming
pool as the same is illegal and hazardous to the building.

3. It is submitted on behalf of the complainant that, The Deputy Engineer,
Zone-3, PMC issued notices on 03.12.2024 seeking the Respondent’s

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explanation regarding the unauthorized swimming pool and other
building violations. As the Respondent failed to provide a satisfactory
reply, the PMC, by its letter dated 02.01.2025, directed the Respondent
and the Architect to remove the illegal structure. The Respondent did not
comply with this direction. Consequently, the PMC demolished the
unauthorized swimming pool on 24.01.2025.

4. The complainant further submitted that, Para 11 may be amended and
rephrased as follows:
“Pursuant to the filing of the present complaint, the Respondent
through a letter addressed to the complainant dated 04/04/2024,
wherein the Respondent undertook to remove the swimming pool at his
own cost. The Respondent further agreed to compensate the
Complainant for the loss of this amenity by installing a 30 kW Solar
Power Generation Unit at his own cost at the Complainant's premises,
along with carrying out the necessary leakage repairs and rectifications
in the building etc. The offer and undertaking were duly approved by the
Complainant Society in its Special General Body Meeting held on
20/04/2024 and communicated to the Respondent. However, despite
repeated follow-ups, the Respondent has failed to honour his
commitments, neither removing the swimming pool nor installing the
solar power unit or 6. undertaking the promised rectifications. In the
meantime, the Deputy Engineer (Zone-3) of Pune Municipal Corporation
issued notices dated 03/12/2024 and 16/01/2025 to the Respondent,
directing him to remove the illegal swimming pool and rectify various
building defects, including construction of a fire exit staircase, providing
proper access to common ducts, and carrying out leakage repairs.
Though the Respondent and his liaison architect appeared before the
Deputy Engineer in a meeting and agreed to comply with these
directions, no corrective action was taken by the Respondent.

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Consequently, on 24/01/2025, the PMC itself proceeded to demolish the
illegal swimming pool. In view of these developments and the
Respondent's persistent non-compliance, it has become necessary to
direct the Respondent to immediately install the 30 kW Solar Power
Generation
Unit
at
his
own
cost
in
accordance
with
the
undertaking/commitment made by the Respondent in his notice dated
4/4/2024."

5. The Complainant also further seeks Amendment in Prayer Clause 14: In
light of these developments, the Complainant seeks to amend the prayer
clause in the original complaint. Accordingly, Amend Prayer Clause 14 a
which reads as follows in the original complaint:
"The Respondent be directed to rectify the defects within 3 months
from the date of filing of the complaint at his own cost." And amend
prayer A as follows:
“The Respondent be directed to rectify the defects mentioned in
para.7 of the complaint.”

6. The complainant further requested the prayer 14 b be amended as
follows: -
"The Respondent be directed to install a full-fledged 30 kW (Thirty
Kilowatt) Solar Power Generation Unit at his own cost at the
Complainant's site, with the specification and installation being subject
to approval by the Complainant within 2 months from the date of the
order. The Respondent shall further pay the Complainant the actual
expenses incurred towards removal of swimming pool, removal of the
debris and waterproofing of the terrace." Also, prayer 14 C be deleted.

7. The other side has not filed say to the application.

8. Considering the averments of the application and in order to decide, the
case on merits, by giving appropriate opportunity to the party and to

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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.

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


Date: 11/12/2025


(Ravindra Deshpande)
Member-2, MahaRERA
RAVINDRA
PADMAKAR
AO
DESHPAND
E
Digitally signed
by RAVINDRA
PADMAKARAO
DESHPANDE
Date: 2025.12.11
14:34:58 +05'30'