Complaint No. CC005000000269425
and 6 others

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Page 1 of 13
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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY
MUMBAI

1. Complaint No. CC005000000269425


M/S Merit Merchants Pvt Ltd


... Complainant/s

2. Complaint No. CC005000000269430


M/S Merit Merchants Pvt Ltd


... Complainant/s

Along with

3. Complaint No. CC005000000269436


M/S Merit Merchants Pvt Ltd


... Complainant/s

Along with

4. Complaint No. CC005000000269437


M/S Merit Merchants Pvt Ltd


... Complainant/s

Along with

5. Complaint No. CC005000000269453


M/s. Resurrgent Construction Pvt Ltd


... Complainant/s

Along with

6. Complaint No. CC005000000269454


Complaint No. CC005000000269425
and 6 others

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Page 2 of 13
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M/s. Resurrgent Construction Pvt Ltd


... Complainant/s
Along with

7. Complaint No. CC005000000269455


M/s. Resurrgent Construction Pvt Ltd


... Complainant/s

Versus

Deron Properties Pvt Ltd
Mr. Umang Bharatbhushan Madan
Mr. Rohit Ankush Tambe
Mr. Prakash Madhukar Mokashi
Mr. Pandurang Bhiku Tambe
Mr. Shankar Bhiku Tambe
Mr. Ankush Bhiku Tambe
Mr. Vishnu Bhiku Tambe
Mr. Raju Dashrath Tambe
Mr. Namdeo Dashrath Tambe


..Respondent/s


MahaRERA Project Registration No. P52100003332


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

Ld. Adv. Sahil Parandwal i/b Ld.Adv.Parth Chande appeared for the
complainants.
Ld. Adv. Anup Lahoti for the respondent no. 1.


Complaint No. CC005000000269425
and 6 others

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INTERIM ORDER


(Thursday, 05th September 2024)

(Through Video Conferencing)


1. The complainants above named have filed these 7 separate online complaints
before the MahaRERA on 28/09/2023 mainly seeking directions from
MahaRERA to the respondent/s to execute the registered agreements for sale
(as per amendment application dated 13-11-2023), to handover possession, to
pay interest and compensation/costs for delayed possession, to update the
project details on the MahaRERA website, to form a society and also to impose
penalty as prescribed under the provisions of sections 11, 13 and 18 of the
Real Estate (Regulation & Development) Act, 2016 (hereinafter referred to as
‘RERA’) for their respective flats mentioned in the below table (hereinafter
referred to as “the said flats”) in respect of the respondent’s registered project
known as “DERON RISE AND PROSPER” bearing MahaRERA registration
no. P52100003332 located at Rahatani, Pimpri Chinchwad Municipal
Corporation, Dist. Pune.

2. These complaints were clubbed together being filed with respect to the same
project and the same were heard on several occasion and finally on 11-06-2024
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 hearing and they were also
informed to file their written submissions if any. Accordingly, both the parties
and made their arguments. The MahaRERA has heard the argument of both
the parties and also perused the available record.

3. After hearing the argument of the parties concerned (as per their appearances


Complaint No. CC005000000269425
and 6 others

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in the roznamas), the following Roznamas were recorded in the said hearings
in these complaints:-

19-03-2024:-“ The complainants are present. The respondent no. 1 is present.
Remaining respondents (landowners) are absent. The complainants have filed
these complaints for registration of the agreements for sale and possession along
with interest and compensation for delay. The respondents are directed to file a
reply to these complaints within a period of 4 weeks i.e. by 16-04-2024. Further 4
weeks’ time i.e. till 14-05-2024 is granted to the complainants to file their
rejoinders to the said replies of the respondents. Admittedly, the agreements for
sale executed on 07-12-2019 are notarized on 08-01-2020. In the agreements, the
date of possession was mentioned as 30-04-2021, however, they are unregistered.
The respondent states that the complainants are investors and there are multiple
complaints launched by the complainants against the respondent no. 1.
However, the complainants contend that it was the responsibility of the
respondents to register the agreements for sale and the said fact is also
mentioned in the clauses of the unregistered agreements for sale. Be that as it
may, these matters are adjourned to a suitable date after 14-05-2024 for further
hearing. List these matters for next hearing on 11–06-2024. Both the parties may
also upload all the necessary litigations in these complaints regarding these
allotments as well as the complainants are directed to serve the copies of the
complaint on the respondent nos. 4 to 10.”

11-06-2024:- “Both the parties are present. There are 3 issues in these complaints
- i) the project registration has lapsed, ii) a complaint for transfer of the project
to the AOP under section 7 of the RERA is pending vide
complaint no.
CC005000000106711
filed on 04-03-2022, iii) there is a proposed new promoter by
the name M/s. Monarch Builders and Developers and has filed an application
dated 06-04-204 under section 15 of the RERA to take over the project from the


Complaint No. CC005000000269425
and 6 others

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respondent no.1. Moreover, the commencement certificate in the project is not
validated and other than the complaints at Sr. No. 4 (CC005000000269436) and
Sr. No. 6 (CC005000000269453), the allotments have been done when the
commencement certificate for the said flats was not valid, as the commencement
certificate for the Rise Building is upto the 5th floor and Prosper Building is upto
the 7th floor and all the other allotments are either for 9th floor or 10th floor. In
view of the above, it would be better to keep these complaints sine die till the
project is extended (either after decision on the complaint u/s 7 and 8 of the RERA
or order u/s 15 of the RERA) and commencement certificate is also revalidated.
However, both the parties may file an application on this aspect within a period
of one week i.e. by 18-06-2024. It is also pointed out that the prayers of the
complainants are for execution and registration of the agreement for sale, which
is not possible unless the project is extended and the commencement certificate
is revalidated/renewed. These matters are reserved for interim orders suitably
after 18-06-2024.”

4. Despite specific directions being issued by the MahaRERA, both the parties
have failed to upload any reply/rejoinder/written arguments on record of
MahaRERA. However, the complainants have uploaded an application on
record of MahaRERA on 19-06-2024 for listing these complaints on merits. The
same has been accepted and taken on record. The MahaRERA has perused the
available record.

5. The complainants viz M/s. Merit Merchants Pvt Ltd and M/s. Resurrgent
Construction Pvt Ltd in these complaints have provided the following
information in their complaints such as the details of flat/s booked, allotment
letter, total consideration and consideration paid and the reliefs sought in these
complaints :


Complaint No. CC005000000269425
and 6 others

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Sr.
No.
Complain
t No.
Flat details
Agreement
for
sale/ Possession
date
Total
Considerati
on/
Amount
Paid
Relief

1. CC005000
000269425
Unit
No.
1003,
10th
Floor,
797
Sq. ft.
07/12/2019
and
registered
on
08/01/2020-
notarised
on
or
before
30/04/2021-
as
per the complaint
Rs.
40,00,000/-
Rs. 40,000/-
paid
Possession,
interest
for
delayed
possession,
compensatio
n,
cost,
update
details
on
RERA
profile, form
society and
impose
penalty.

As
per
amendment
application
it added:

To register
agreement
for sale
2
CC005000
000269430
Unit no –
1002,
10th
Floor,
787
Sq. Ft.
07/12/2019
and
registered
on
08/01/2020-
notarised
on
or
before
30/04/2021-
as
per the complaint
Rs.
40,00,000/-
Rs. 40,000/-
paid
3
CC005000
000269436
Unit no –
12,
Stilt
Floor,
451
Sq. Ft.
07/12/2019
and
registered
on
08/01/2020-
notarised
on
or
before
30/04/2021-
as
per the complaint
Rs.
22,32,500/-
Rs.
22,32,500/--
paid
4
CC005000
Unit no –
907,
9th
07/12/2019
and
registered
on
Rs.
40,00,000/-


Complaint No. CC005000000269425
and 6 others

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000269437
floor,
791
Sq. Ft.
08/01/2020-
notarised
on
or
before
30/04/2021-
as
per the complaint
Rs.
40,00,000/-
paid
5
CC005000
000269453
Unit no –
13,
Stilt
Floor,
321
Sq. Ft.
07/12/2019
and
registered
on
08/01/2020-
notarised
on
or
before
30/04/2021-
as
per the complaint
Rs.
17,35,000 /-
Rs.
17,35,000 /-
- paid
6
CC005000
000269454
Unit no –
1005,
10th
Floor,
798
Sq. Ft.
07/12/2019
and
registered
on
08/01/2020-
notarised
on
or
before
30/04/2021-
as
per the complaint
Rs.
40,00,000 /-
Rs.
40,00,000 /-
paid
7
CC005000
000269455
Unit no –
1006,
10th
Floor,
798
Sq. Ft.
07/12/2019
and
registered
on
08/01/2020-
notarised
on
or
before
30/04/2021-
as
per the complaint
Rs.
40,00,000 /-
Rs.
40,00,000 /-
paid

6. It is the case of the complainants that they have booked the said flats by


Complaint No. CC005000000269425
and 6 others

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executing notarised agreements for sale as mentioned in the aforesaid table in
the present project registered by the respondent-promoter. Vide the said
agreements for sale, the respondent promoter has agreed to handover the
possession of the said units on 30-04-2021. However, it has failed to do so
despite much correspondence exchanged by it. The complainants have paid
the entire consideration amounts towards the said units to the respondent (as
mentioned in the aforesaid table), which amount to more than 10% of the total
consideration amount towards the said units. However, the respondent
promoter has failed to execute the registered agreements for sale with them.
Thereby, it has committed wilful deficiency and done unfair trade practice
and is in breach of terms and conditions of the said agreements and in
contravention of the provisions of sections 13 and 18 of the RERA. The
complainants further stated that, the respondent promoter is under an
obligation to disclose the name and details of all the promoters including the
name and details of the co-promoters at the time of obtaining the registration
certificate from the MahaRERA. However, the respondent promoter in
contravention of the provisions of the Section 4 of the RERA has failed to
disclose the name and details of the co promoters on the MahaRERA website
while registering this project. Further, the respondent promoter has also failed
to display the correct quantum of sold inventory in the said project as it clearly
appears from the website information uploaded on the MahaRERA website,
thereby it has violated the provisions of section 11(4)(e) of the RERA. To
support their claim, the complainants have relied upon the order dated
21/10/2020 passed by the MahaRERA in Complaint filed by one Neha Prasad
Padwal V/s M/s. CCI projects Pvt. Ltd and Anr., wherein the MahaRERA
while deciding the case in favour of the said complainant allottee, has held
that the respondent therein shall pay the penalty of Rs.1,00,00,000/- for
contravening and violating the provisions of Section 4 and Section 11(4)(e) of


Complaint No. CC005000000269425
and 6 others

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RERA. It has also relied upon the order dated 6-12-2017 passed by the Hon’ble
Bombay High Court in the matter of Neelkamal Realtors Suburban Pvt Ltd
V/s Union of India ( Writ Petition No. 2737 of 2017), wherein the Hon’ble High
Court has held that the provisions of section 18 of RERA( for the interest for
the delay in handing over the possession) would be counted from the date
mentioned in the agreement for sale entered into by the promoter and the
allottee. Furthermore, the complainants have further stated that, under RERA,
the promoter is given an opportunity to revise the date of completion of the
project and to declare the same under section 4 of the RERA. However, RERA
does not contemplate re-writing the agreement. Therefore, the actual date for
computation of delay shall be from the date of possession mentioned in the
said agreements for sale and it cannot be computed from the revised date
unilaterally declared by the respondent-promoter at the time of registration of
the project. To support their contentions, the complainants have also relied
upon the

JUDGEMENT

passed by Hon'ble Supreme Court dated 11-11-
2021passed in the case of M/s. Newtech Promoters and Developers Pvt. Ltd
vs. State of UP & Ors (Civil Appeal No(s). 6745 - 6749 and 6750 - 6757 of 2021),
wherein, the Hon’ble Court has observed that if the promoter fails to give
possession of the apartment, plot or building within the time stipulated under
the terms of the agreement, then the allottee’s right to seek refund/ claim
interest for delay is unconditional & absolute, regardless of unforeseen events
or stay orders of the Court/Tribunal. Hence, the complainants have prayed to
allow these complaints and grant reliefs as sought for in the same.

7. The complainants have also uploaded an amendment application in these
complaints on record of MahaRERA on 17-11-2023 and sought additional
relief towards directions to the respondent promoter to execute the registered
agreements for sale under section 13 of the RERA.


Complaint No. CC005000000269425
and 6 others

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8. The respondent promoter viz Deron Properties Pvt Ltd although has appeared
for the hearings held in these complaints on various occasions, it has failed to
file any reply to these complaints as well as the amendment application filed
by the complainants seeking amendment in the prayer clauses of these
complaints.

9. However, in the present case on bare perusal of the available record, the
MahaRERA has noticed that the complainants claiming to be the allottees of
this project, by filing these 6 separate complaints have approached the
MahaRERA mainly seeking reliefs under section 13 and 18 of the RERA. The
complainants while filing these complaints have joined the respondent
promoter viz Deron Properties Pvt. Ltd (which has registered this project)and
its director as well as the landowners as party respondents to these
complaints. Hence, for the sake of brevity the respondent nos. 1 and 2 viz
Deron Properties Pvt. Ltd and its director are hereinafter referred to as the
promoter and the other respondents viz Mr. Tambe and family are hereinafter
referred to as the landowners.

10. However, during the course of hearing held on 11-06-2024, the MahaRERA has
noticed that the association of the allottees formed in this project in the name
of “Deron Future Owners Group Association (AOP)through its Authorized
Signatory Mr. Deepak Gopal Goswami” has filed a
complaint no.
CC005000000106711
before the MahaRERA mainly seeking reliefs under
section 7 and 8 of the RERA.

11. Further the promoter herein during the course of hearing has informed the
MahaRERA that an application under section 15 of the RERA has been filed


Complaint No. CC005000000269425
and 6 others

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Page 11 of 13
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before the MahaRERA on 06-04-2024 for handing over of the said project to a
new promoter viz M/s. Monarch Builders and Developers with requisite
consents of the majority of the allottees of this project. The said new promoter
being an intervenor was also present for the said hearing. The said association
of the allottees, has disputed the said contention of the promoter mainly
disputing the contention of the promoter and the new promoter that they
have consent of the majority of the allottees.

12. In view of the aforesaid submissions made by the parties concerned, in the said

complaint no. CC005000000106711
, the MahaRERA has directed that it would
be just and proper to tag the said complaint (filed by the association of
allottees) along with the pending application u/s 15 of the RERA and to decide
the same together. It is ostensibly because, if any decision of the MahaRERA
under sections 7 and 8 of the RERA is taken in favour of the said association,
the application filed by the promoter under section 15 of the RERA, becomes
infructuous and vice versa. Therefore, the registry was directed to take further
necessary action in the matter accordingly.

13. However, as far as the present complaints filed by the complainants are
concerned the MahaRERA has noticed the following issues:-
i) the validity of the project registration granted by the MahaRERA has lapsed
on 30-04-2023.
ii) A complaint bearing no. CC005000000106711 filed by the association of the
allottees (AOP)for contemplating action under section 7 and 8 of the RERA to
take over the project by the said AOP ( as stated hereinabove) is pending,
iii) There is a proposed new promoter viz M/s. Monarch Builders and
Developers and it has filed an application dated 06-04-204 under section 15
of the RERA for transfer of this project from the erstwhile promoter, which


Complaint No. CC005000000269425
and 6 others

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Page 12 of 13
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is also pending.

14. In addition to the above, the MahaRERA has also noticed that as per the
webpage information uploaded by the promoter on the MahaRERA website,
the commencement certificate in the project is not revalidated for the units
booked by these complainants other than the complaints at Sr. Nos. 3 and 5
i.e., (CC005000000269436 and CC005000000269453). Meaning thereby, the said
allotments in favour of these complainants ( except in Sr. Nos. 3 and 5) have
been done without obtaining the valid commencement certificate for the said
units. This is because the record shows that the promoter has obtained
commencement certificate for the building known as ‘Rise’ upto the 5th floor
and building known as ‘Prosper’, upto the 7th floor and all the other
allotments are done either on 9th floor or 10th floor (except in Sr. Nos. 3 and
5).

15. In view of these issues noticed by the MahaRERA, the MahaRERA feels that
the directions under section 13 and 18 of the RERA cannot be issued by the
MahaRERA at this stage for execution of registered agreements for sale and for
possession of the said units, as these are substantive reliefs sought by these
complainants. Moreso, it is also not clear as to which entity would be decided
as promoter to complete this project i.e., either the new promoter or the AOP.
Also, the prayers of the complainants are for execution and registration of the
agreement for sale, which is not possible unless the project is extended and the
commencement certificate is issued/revalidated/renewed for their respective
units. Hence, the application filed by the complainants opposing to keep these
complaints in abeyance cannot be considered by the MahaRERA. It is
ostensibly because barring the issue of application filed by the new promoter
under section 15 of the RERA, the MahaRERA cannot decide these complaints


Complaint No. CC005000000269425
and 6 others

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Page 13 of 13
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on merits under section 13 of the RERA at this stage since the project validity
is lapsed on 30-04-2023 and there is no CC obtained for the units booked by
these complainants (except in Sr. Nos. 3 and 5).

16. In view of these facts, the MahaRERA feels it just and proper to keep these
complaints sine die till the project is extended (either after decision on the
complaint u/s 7 and 8 of the RERA or the order u/s 15 of the RERA) and
commencement certificate is also revalidated for the units booked by these
complainants ( except in complaints at Sr. Nos. 3 and 5).

17. The complainants are granted liberty to approach the MahaRERA once the directions
at para-no. 16 are complied with.


(Mahesh Pathak)
Member – 1/MahaRERA