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Page 1 of 64
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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

1. COMPLAINT NO. CC006000000195789

1. SUDRIK ARVIND PUNDLIK

2. KIRTI ARVIND SUDRIK
…COMPLAINANT/S
VS

1. OM BUILDERS AND DEVELOPERS
(Promoter - A partnership firm
through its partners at Sr. No. 2 to 4)

2. SACHIN ASHOK YADAV

3. ASHOK TUKARAM YADAV

4. MILIND ASHOK YADAV …RESPONDENT/S


A/W

2. COMPLAINT NO. CC006000000197594

DURGASANKAR B SAHU
…COMPLAINANT/S
VS
OM BUILDERS AND DEVELOPERS
…RESPONDENT/S
A/W

3. COMPLAINT NO. CC006000000210118

PRASAD PADALKAR

…COMPLAINANT/S
VS
MILIND ASHOK YADAV
…RESPONDENT/S
A/W

4. COMPLAINT NO. CC006000000375403

PURTI ASHOK SHENVI
…COMPLAINANT/S
VS
M/S OM BUILDERS AND DEVELOPERS …RESPONDENT/S

A/W

5. COMPLAINT NO. CC006000000375408

RAVINDRA MOHAN KOCHREKAR
…COMPLAINANT/S
VS
OM BUILDER AND DEVELOPER
…RESPONDENT/S
A/W

6. COMPLAINT NO. CC006000000375399

PRITISH SATISH LOKHANDE
…COMPLAINANT/S
VS

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M/S.OM BUILDERS AND DEVELOPERS
…RESPONDENT/S

A/W

7. COMPLAINT NO. CC006000000480079

VINAYAK VISHNU TAKALKAR

…COMPLAINANT/S
VS
MILIND ASHOK YADAV …RESPONDENT/S


A/W

8. COMPLAINT NO. CC12500826

CHANDRAKANT RAJARAM DESHMUKH
…COMPLAINANT/S
VS
OM BUILDERS AND DEVELOPERS …RESPONDENT/S

A/W

9. COMPLAINT NO. CC12500827

SHILPA SACHIN GADEKAR
…COMPLAINANT/S
VS
OM BUILDERS AND DEVELOPERS
…RESPONDENT/S

A/W

10. COMPLAINT NO. CC12500830

PREKSHA JANARDHAN SALIAN
…COMPLAINANT/S
VS
OM BUILDERS AND DEVELOPERS …RESPONDENT/S


A/W

11. COMPLAINT NO. CC12500828

TILOTTAMA SHRIKANT PIMPALKHARE
…COMPLAINANT/S
VS
OM BUILDERS AND DEVELOPERS …RESPONDENT/S


A/W

12. COMPLAINT NO. CC12500825

MARIA ROMEO FERNANDES
…COMPLAINANT/S
VS
OM BUILDERS AND DEVELOPERS …RESPONDENT/S


A/W

13. COMPLAINT NO. CC12500819

VIKRAMKUMAR DAYALAL PANCHAL

…COMPLAINANT/S
VS
OM BUILDERS AND DEVELOPERS …RESPONDENT/S

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A/W

14. COMPLAINT NO. CC12500829

YESHWANT RAVINDRA SARMALKAR
…COMPLAINANT/S
VS
OM BUILDERS AND DEVELOPERS …RESPONDENT/S


A/W

15. COMPLAINT NO. CC12500823

JITENDRA LINGRAJ PANDA
…COMPLAINANT/S
VS
OM BUILDERS AND DEVELOPERS …RESPONDENT/S

A/W

16. COMPLAINT NO. CC12500836

JAYENDRA SHRIKANT TAVSALKAR
…COMPLAINANT/S
VS
OM BUILDERS AND DEVELOPERS …RESPONDENT/S

A/W

17. COMPLAINT NO. CC12500844

SACHIN SHIOSHANKAR GAJBHIYE
…COMPLAINANT/S

VS
OM BUILDERS AND DEVELOPERS
…RESPONDENT/S
A/W

18. COMPLAINT NO. CC12500866

MANASI NILESH PARAB

…COMPLAINANT/S

VS
OM BUILDERS AND DEVELOPERS
…RESPONDENT/S

A/W

19. COMPLAINT NO. CC12500857

NILESH ARJUN BHUJBAL
…COMPLAINANT/S

VS
OM BUILDERS AND DEVELOPERS
…RESPONDENT/S
A/W

20. COMPLAINT NO. CC12500865

AARTI HARSHAD LAVATE
…COMPLAINANT/S

VS
OM BUILDERS AND DEVELOPERS …RESPONDENT/S

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A/W

21. COMPLAINT NO. CC12500891

CHANDRA SEKHAR CHADALAVADA
…COMPLAINANT/S

VS
OM BUILDERS AND DEVELOPERS

…RESPONDENT/S
A/W

22. COMPLAINT NO. CC12500885

AKASH AMRUTRAO DESAI
…COMPLAINANT/S

VS
OM BUILDERS AND DEVELOPERS
…RESPONDENT/S
A/W

23. COMPLAINT NO. CC12500896

JIGNESH SHIVJI KARIYA
…COMPLAINANT/S

VS
OM BUILDERS AND DEVELOPERS
…RESPONDENT/S

A/W

24. COMPLAINT NO. CC12500900

ANIL PURUSHOTHAMA SANIL
…COMPLAINANT/S

VS
OM BUILDERS AND DEVELOPERS
…RESPONDENT/S
A/W

25. COMPLAINT NO. CC12500905

PRAFULL MANHOAR DANGORE
…COMPLAINANT/S

VS
OM BUILDERS AND DEVELOPERS
…RESPONDENT/S
A/W

26. COMPLAINT NO. CC12500909

PRIYATOSH SADHAN SINHA
…COMPLAINANT/S

VS
OM BUILDERS AND DEVELOPERS
…RESPONDENT/S
A/W

27. COMPLAINT NO. CC12500918

TANMAY MARUTI TALEKAR
…COMPLAINANT/S

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VS
OM BUILDERS AND DEVELOPERS
…RESPONDENT/S
A/W

28. COMPLAINT NO. CC12500915

DEEPAK LAXMAN BIDAYE
…COMPLAINANT/S

VS
OM BUILDERS AND DEVELOPERS

…RESPONDENT/S
A/W

29. COMPLAINT NO. CC12500913

RUSHIKESH MADHUKAR DARADE
…COMPLAINANT/S

VS
OM BUILDERS AND DEVELOPER …RESPONDENT/S
A/W

30. COMPLAINT NO. CC12501048

SUJEET MAHADEV GUPTA
…COMPLAINANT/S

VS
OM BUILDERS AND DEVELOPER …RESPONDENT/S
A/W

31. COMPLAINT NO. CC12501094

PRASHANT RAJESH KOTWAL
…COMPLAINANT/S

VS
OM BUILDERS AND DEVELOPER …RESPONDENT/S

A/W

32. COMPLAINT NO. CC12501092

PRASHANT RAJESH KOTWAL
…COMPLAINANT/S

VS
OM BUILDERS AND DEVELOPER
…RESPONDENT/S
A/W

33. COMPLAINT NO. CC12501295

RAMESH RAMKISHAN YADAV
…COMPLAINANT/S

VS

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OM BUILDERS AND DEVELOPERS …RESPONDENT/S


MAHARERA PROJECT REGISTRATION NO. P51800003394


Coram: Manoj Saunik, Chairperson, MahaRERA

Complainant at Sr Nos. 1 & 3 present in person.
Advocate Nilofer Shaikh for complainant at Sr. Nos. 02,
Advocate Harsh Kothari present for complainants at Sr. Nos. 04 to 07,
Advocate Jeet Gandhi present for complainants at Sr. Nos. 03, 08 to 33.
Advocate Tejaswini Yeole i/b Advocate Laalwani present for respondent.

Order
May 29th, 2025
(Date of hearing- 22.04.2025, 08.05.2025 & 19.05.2025 matters were reserved for order)

1. The complainants at Sr. Nos. 01 to 33 are home buyers and allottees within the
meaning of Section 2 (d) of the Real Estate (Regulation and Development) Act, 2016
(hereinafter referred to as the “said Act”) of Real Estate Regulatory Authority
(hereinafter referred to as the “RERA”) and the respondent is the promoter within
the meaning of Section 2 (zk) of the said Act. The respondent is registered as the
promoter of the project namely “ASHOKA HEIGHTS” under section 5 of the said
Act bearing
MahaRERA Project Registration No. P51800003394
(hereinafter
referred to as the “said Project”).

2. On the MahaRERA Project registration webpage the proposed completion date of
the said Project is mentioned as 01.11.2020, revised proposed completion date is
mentioned as 30.12.2020 and the extended date of completion is 29.12.2025. The
respondent has not uploaded occupancy certificate on the MahaRERA portal
online, till date.

3. The complainants at Sr. Nos. 1 to 33 are seeking the following reliefs:
SR.
NO

COMPLAINT NOS
. /
DATE OF FILING
RELIEF SOUGHT

1. CC006000000195789
29/01/2021
a) This Hon’ble Tribunal be pleased to direct the Respondents
be ordered and decreed to give the complainants allotment
letter, detailed payment breakup of the amount paid and

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pending towards the said flats and register/execute the
Agreement for Sale for the flat bearing no. 502, 5th Floor, В
wing admeasuring 393 Sq.ft. carpet area in the said project
known as "Ashoka Heights" Nahur village, Mulund,
Mumbai 400080 lying being and situate at Nahur village,
Mulund, within the limit of Brihan Mumbai Municipal
Corporation Mumbai.
b) This Honble Tribunal be pleased to direct the Respondents be
ordered and decreed to directed to give the possession of the
flats immediately.
c) This Hon'ble Tribunal be pleased to direct the Respondent to
pay a sum of Rs.1,00,000/- towards cost of the present
Complaint i.e. as compensation to be provided for the mental
trauma, loss of time, hardship caused to the Complainants
and the notional losses, legal fees incurred till date by the
Complainants within 1 month from the date of disposal of the
present Complaint. Any other relief which this Hon ble
tribunal deems fit and necessary in the facts and
circumstances of the case.

2. CC006000000197594
14/07/2021
i. The Hon'ble court pleased to allow withdrawal from project
and the promoter should get directed o pay a balanced principal
amount of Rs. 8,80,068/-(RUPEES EIGHT LAKH EIGHTY
THOUSAND SIXTY EIGHT ONLY).
ii. The promoter should refund with interest on total amount
paid to him at the time of booking in 2016 i.e. Rs. 17,78,400/-
(Rupees
SEVENTEEN
LAKH
EIGHIT
SEVENTY
THOUSAND FOUR HUNDRED ONLY) from 11.01.2017 till
final disposal of the case.
iii. The Hon'ble court pleased to direct cost of the complaint
Rs,50,000/-(rupees fifty thousand only)
iv. Damages incurred for failing to comply with his duties,
mental stress, i.e.: Rs,15,00,000/-(Rupees fifteen lakh only)
v. The complainant craves leave to file additional written
submission (s)/sur-Rejoinder, s he case may be , and documents
in support if any, with the permission of this Hon"ble authority
vi. Any other relief which this Honple Court cleems fit and
proper be also passcd in favour of the complainant.

3. CC006000000210118
21/02/2022

1. Refund of booking amount paid INR = 6,39,540/- + Intrest @
SBI Lending rate + 2%

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2. Refund of Loan amount prepaid to HDFC Ltd and has been
received by builder = INR 9,00,000/- + Intrest @ SBI Lending
rate + 2%

3. Refund of the EMI paid to the HDFC Ltd as per the amortised
Loan statement = INR 8,48,758/-

4. Repayment and Closure of the HDFC Ltd Home Loan as per
the statement from HDFC Ltd.

5. Ensuring the submission of cancellation deed to get
reimbursement of Stamp duty and Registration charges.

4. CC006000000375403
26/04/2023
“(a) The Respondent may be directed by Hon'ble MahaRERA to
handover the peaceful possession of the said flat immediately
along with the delayed interest @ 18% p.a.from the date of
promised possession i.e.,25/10/2020 till 28/02/2023.
(b) Further, the Respondent may be directed to pay the interest
from 01/03/2023 till possession of the flat @ 18% p.a. at the end
of every month i.e. 25th day of every month to the Complainant.
(c) Refund of Legal Charges: Rs. 50,000/-
(d) Mental Distress and Agony: Rs. 10,00,000/-“

5. CC006000000375408
26/04/2023
“(a) The Respondent may be directed by Hon'ble MahaRERA to
handover the peaceful possession of the said flat along with the
delayed interest @ 18% p.a from the date of possession i.e
30/08/2020 till the possession is mentioned in the Agreement For
Sale entered between both the Complainants and Respondent.
(b) Further the Respondent may be directed to pay the delayed
interest from 30/08/2020 till 28/02/2023 @ 18% p.a immediately
and from 01/03/023 till the possession is given the interest @
18% p.a shall be given during the possession of the said flat.
(c) Refund of Legal Charges: Rs, 50,000/-
(d) Refund of Mental Distress and Agony: Rs. 10,00,000/-“

6. CC006000000375399
26/04/2023
"(a) The Respondent may be directed by Hon'ble MahaRERA to
handover the peaceful possession of the said flat along with the
delayed interest @ 18% p.a from the date of possession i.e
31/12/2021 till the possession is mentioned in the Agreement For
Sale entered between both the Complainants and Respondent
(b) Further the Respondent may be directed to pay the delayed
interest from 31/12/2021 till 28/02/2023 @ 18% p.a immediately
and from 01/03/023 till the possession is given the interest @
18% p.a shall be given during the possession of the said flat.
(b) Refund of Legal Charges: Rs. 50,000/-
(c) Mental Distress and Agony: Rs. 10,00,000/”

7. CC006000000480079
14/04/2024
(a) The Respondent may be directed by Hon'ble MahaRERA to
handover the peaceful possession of the said flat along with the
delayed interest @ 18% p.a from the date of making payments i.e
17/11/2022 till the possession is mentioned in the Agreement For
Sale entered between both the Complainants and Respondent

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(b) Further the Respondent may be directed to pay the delayed
interest from 17/11/2022 till 31/12/2024 @ 18% p.a immediately
and from 01/01/2024 till the possession is given the interest @
18% p.a shall be given during the possession of the said flat.
(b) Refund of Legal Charges: Rs, 50,000/-
(c) Mental Distress and Agony: Rs. 10,00,000/-

8. CC12500826
10/03/2025
A. Direct the Respondent to hand over the possession of 1104,
11th floor, B wing, admeasuring 55.88 sq. mtrs equivalent to 601
sq.ft carpet Area of the building. "Ashoka Heights" with
Occupation Certificate;
B. Award interest at 18% p.a. on the amount of Rs.97,73,266/-
(Ninety-Seven Lakhs Seventy-Three thousand two hundred and
sixty-six only) from the date of payment until possession is
delivered;
C. Direct the Respondent to pay mesne profits at Rs. 40,900/-
per month for the period of delay;
D. Restrain the Respondent from creating third-party rights in
respect of the said flat;
E. Impose penalties under Section 60 of RERA for providing
false information;
F. Direct the Respondent to pay Rs. 10,00,000/- towards legal
costs; G. Grant any other reliefs as deemed fit and proper in the
circumstances of the case.

9. CC12500827
10/03/2025
a. That this Hon'ble Authority be pleased to direct the
Respondent to handover the possession of flat being 1306, 13th
floor, B wing, admeasuring 56.01 sq. mtrs equivalent to 604 sq.ft
carpet Area of the building. "Ashoka Heights " (“Building”)
situated at C.T.S No. 635 & 637 (Part), at Nahur Gaon, Village-
Nahur, taluka- Kurla, Dist of Mumbai along with common
utility area and all the fittings as prescribed in the brochure and
agreement along with the Occupation Certificate (OC).
b. That this Hon’ble Authority be pleased to direct the
Respondent to pay interest to the complainant calculated at 18%
p.a. on the amount of Rs.90,61,486/- paid towards consideration,
taxes and other charges to be calculated monthly till the actual
hand over of possession with Occupation Certificate to the
Complainant.
c. That this Hon'ble Authority be pleased to direct the
Respondent to pay to the Complainants, mesne profits
amounting to Rs. 36,800/- for failing to hand over possession of
the said unit to the Complainants within time in respect of the
Agreement to Sell dated 05th February 2019, for the unit being
1306, 13th floor, B wing, admeasuring 56.01 sq. mtrs equivalent
to 604 sq.ft carpet Area of the building "Ashoka Heights "
(“Building”) situated at C.T.S No. 635 & 637 (Part), at Nahur

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Gaon, Village- Nahur, taluka- Kurla, Dist of Mumbai in terms
of Section 12 and section 18 of RERA Act, 2016, read along with
Maharashtra RERA Rules, 2017.
d. That this Hon'ble Authority be pleased to direct the
Respondent not to create third party rights in respect of unit
being 1306, 13th floor, B wing, admeasuring 56.01 sq. mtrs
equivalent to 604 sq.ft carpet Area of the building "Ashoka
Heights " (“Building”) situated at C.T.S No. 635 & 637 (Part),
at Nahur Gaon, Village- Nahur, taluka- Kurla, Dist of Mumbai
until payment and full realization of refund of the entire amount
sought for in prayer clauses (a) and (b) including stamp duty
registration, brokerage, taxes and/or any other expenses.
e. That this Hon'ble Tribunal be pleased to penalize the
Respondent as per section 60 of RERA Act for giving false
information as per section 4 of the Act.
f. That this Hon'ble Tribunal be pleased to order and direct the
Respondents to pay Rs. 10,00,000/- legal expenses.
g. Any further reliefs be kindly granted which this Hon’ble
Authority deem fit and proper in the facts and circumstances of
the case and for such further and other reliefs that this Hon'ble
Authority deems fit.

10. CC12500830
10/03/2025
a. That this Hon'ble Authority be pleased to direct the
Respondent to handover the possession of flat being 806, 8th
floor, B wing, admeasuring 56.10 sq. mtrs equivalent to 604 sq.ft
carpet Area along with one car parking area of the building.
"Ashoka Heights " situated at C.T.S No. 635 & 637 (Part), at
Nahur Gaon, Village- Nahur, taluka- Kurla, Dist of Mumbai
along with common utility area and all the fittings as prescribed
in the brochure and agreement along with the Occupation
Certificate (OC).
b. That this Hon’ble Authority be pleased to direct the
Respondent to pay interest to the complainant calculated at 18%
p.a. on the amount of Rs.1,04,03,313/- paid towards
consideration, taxes and other charges to be calculated monthly
till the actual hand over of possession with Occupation
Certificate to the Complainant.
c. That this Hon'ble Authority be pleased to direct the
Respondent to pay to the Complainants, mesne profits
amounting to Rs. 43,500/- per month, amounting to Rs.
16,53,000/- for failing to hand over possession of the said unit to
the Complainants within time in respect of the Agreement to Sell
dated 17th October 2017, for the unit being 806, 8th floor, B
wing, admeasuring 56.10 sq. mtrs equivalent to 604 sq.ft carpet
Area along with one car parking area of the building "Ashoka

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Heights " situated at C.T.S No. 635 & 637 (Part), at Nahur
Gaon, Village- Nahur, taluka- Kurla, Dist of Mumbai in terms
of Section 12 and section 18 of RERA Act, 2016, read along with
Maharashtra RERA Rules, 2017.
d. That this Hon'ble Authority be pleased to direct the
Respondent not to create third party rights in respect of unit
being 806, 8th floor, B wing, admeasuring 56.10 sq. mtrs
equivalent to 604 sq.ft carpet Area along with one car parking
area of the building "Ashoka Heights " situated at C.T.S No. 635
& 637 (Part), at Nahur Gaon, Village- Nahur, taluka- Kurla,
Dist of Mumbai until payment and full realization of refund of
the entire amount sought for in prayer clauses (a) and (b)
including stamp duty registration, brokerage, taxes and/or any
other expenses.
e. That this Hon'ble Tribunal be pleased to penalize the
Respondent as per section 60 of RERA Act for giving false
information as per section 4 of the Act.
f. That this Hon'ble Tribunal be pleased to order and direct the
Respondents to pay Rs. 10,00,000/- towards legal costs to the
Complainants.
g. Any further reliefs be kindly granted which this Hon’ble
Authority deem fit

11. CC12500828
10/03/2025
a. That this Hon'ble Authority be pleased to direct the
Respondent to handover the possession of flat being 1204, 12th
Floor, B wing, admeasuring 53.42 sq. mtrs equivalent to 575
sq.ft carpet Area along with one car parking area of the building.
"Ashoka Heights " (“Building”) situated at C.T.S No. 635 &
637 (Part), at Nahur Gaon, Village- Nahur, taluka- Kurla, Dist
of Mumbai along with common utility area and all the fittings
as prescribed in the brochure and agreement along with the
Occupation Certificate (OC).
b. That this Hon’ble Authority be pleased to direct the
Respondent to pay interest to the complainant calculated at 18%
p.a. on the amount of Rs.93,25,177/- paid towards consideration,
taxes and other charges to be calculated monthly till the actual
hand over of possession with Occupation Certificate to the
Complainant.
c. That this Hon'ble Authority be pleased to direct the
Respondent to pay to the Complainants, mesne profits
amounting to Rs.39,000/- per month, amounting to Rs.
13,65,000/- for failing to hand over possession of the said unit to
the Complainants within time in respect of the Agreement to Sell

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Page 12 of 64
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dated 29th June 2017, for the unit being 1204, 12th Floor, B
wing, admeasuring 53.42 sq. mtrs equivalent to 575 sq.ft carpet
Area along with one car parking area of the building "Ashoka
Heights " situated at C.T.S No. 635 & 637 (Part), at Nahur
Gaon, Village- Nahur, taluka- Kurla, Dist of Mumbai in terms
of Section 12 and section 18 of RERA Act, 2016, read along with
Maharashtra RERA Rules, 2017.
d. That this Hon'ble Authority be pleased to direct the
Respondent not to create third party rights in respect of unit
being1204, 12th Floor, B wing, admeasuring 53.42 sq. mtrs
equivalent to 575 sq.ft carpet Area along with one car parking
area of the building "Ashoka Heights " situated at C.T.S No. 635
& 637 (Part), at Nahur Gaon, Village- Nahur, taluka- Kurla,
Dist of Mumbai until payment and full realization of refund of
the entire amount sought for in prayer clauses (a) and (b)
including stamp duty registration, brokerage, taxes and/or any
other expenses.
e. That this Hon'ble Tribunal be pleased to penalize the
Respondent as per section 60 of RERA Act for giving false
information as per section 4 of the Act.
f. That this Hon'ble Tribunal be pleased to order and direct the
Respondents to pay Rs. 10,00,000/- towards legal costs to the
Complainants. g. Any further reliefs be kindly granted which
this Hon’ble Authority deem fit

12. CC12500825
10/03/2025
a. That this Hon'ble Authority be pleased to direct the
Respondent to handover the possession of flat being 405, 4th
floor, B wing, admeasuring 35.30 sq. mtrs equivalent to 380 sq.ft
carpet Area of the building. "Ashoka Heights situated at C.T.S
No. 635 & 637 (Part), at Nahur Gaon, Village- Nahur, taluka-
Kurla, Dist of Mumbai along with common utility area and all
the fittings as prescribed in the brochure and agreement along
with the Occupation Certificate (OC).
b. That this Hon’ble Authority be pleased to direct the
Respondent to pay interest to the complainant calculated at 18%
p.a. on the amount of Rs.67,51,435/- paid towards consideration,
taxes and other charges to be calculated monthly till the actual
hand over of possession with Occupation Certificate to the
Complainant.
c. That this Hon'ble Authority be pleased to direct the
Respondent to pay to the Complainants, mesne profits
amounting to Rs.28,500/- per month, amounting to Rs.
08,26,500/- (Rupees Eight Lakhs Twenty Six Thousand Five

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Page 13 of 64
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Hundred Only) for failing to hand over possession of the said
unit to the Complainants within time in respect of the
Agreement to Sell dated 31st March 2017, for the unit being 405,
4th floor, B wing, admeasuring 35.30 sq. mtrs equivalent to 380
sq.ft carpet Area of the building "Ashoka Heights " situated at
C.T.S No. 635 & 637 (Part), at Nahur Gaon, Village- Nahur,
taluka- Kurla, Dist of Mumbai in terms of Section 12 and section
18 of RERA Act, 2016, read along with Maharashtra RERA
Rules, 2017.
d. That this Hon'ble Authority be pleased to direct the
Respondent not to create third party rights in respect of unit
being405, 4th floor, B wing, admeasuring 35.30 sq. mtrs
equivalent to 380 sq.ft carpet Area of the building "Ashoka
Heights " (“Building”) situated at C.T.S No. 635 & 637 (Part),
at Nahur Gaon, Village- Nahur, taluka- Kurla, Dist of Mumbai
until payment and full realization of refund of the entire amount
sought for in prayer clauses (a) and (b) including stamp duty
registration, brokerage, taxes and/or any other expenses.
e. That this Hon'ble Tribunal be pleased to penalize the
Respondent as per section 60 of RERA Act for giving false
information as per section 4 of the Act.
f. That this Hon'ble Tribunal be pleased to order and direct the
Respondents to pay Rs. 10,00,000/- towards legal costs to the
Complainants.
g. Any further reliefs be kindly granted which this Hon’ble
Authority deem fit and proper in the facts and circumstances of
case

13. CC12500819
10/03/2025
a. That this Hon'ble Authority be pleased to direct the
Respondent to handover the possession of flat being 1404, 14th
floor, B wing, admeasuring 55.88 sq. mtrs equivalent to 601 sq.ft
carpet Area along with one car parking area of the building.
"Ashoka Heights " situated at C.T.S No. 635 & 637 (Part), at
Nahur Gaon, Village- Nahur, taluka- Kurla, Dist of Mumbai
along with common utility area and all the fittings as prescribed
in the brochure and agreement along with the Occupation
Certificate (OC).
b. That this Hon’ble Authority be pleased to direct the
Respondent to pay interest to the complainant calculated at 18%
p.a. on the amount of Rs. 96,64,501/- paid towards
consideration, taxes and other charges to be calculated monthly
till the actual hand over of possession with Occupation
Certificate to the Complainant.

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Page 14 of 64
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c. That this Hon'ble Authority be pleased to direct the
Respondent to pay to the Complainants, mesne profits
amounting to Rs. 40,500/- per month, amounting to Rs.
27,54,000/- for failing to hand over possession of the said unit to
the Complainants within time in respect of the Agreement to Sell
dated 25th June 2018, for the unit being 1404, 14th floor, B wing,
admeasuring 55.88 sq. mtrs equivalent to 601 sq.ft carpet Area
along with one car parking area of the building "Ashoka Heights
" situated at C.T.S No. 635 & 637 (Part), at Nahur Gaon,
Village- Nahur, taluka- Kurla, Dist of Mumbai in terms of
Section 12 and section 18 of RERA Act, 2016, read along with
Maharashtra RERA Rules, 2017.
d. That this Hon'ble Authority be pleased to direct the
Respondent not to create third party rights in respect of unit
being1404, 14th floor, B wing, admeasuring 55.88 sq. mtrs
equivalent to 601 sq.ft carpet Area along with one car parking
area of the building "Ashoka Heights " situated at C.T.S No. 635
& 637 (Part), at Nahur Gaon, Village- Nahur, taluka- Kurla,
Dist of Mumbai until payment and full realization of refund of
the entire amount sought for in prayer clauses (a) and (b)
including stamp duty registration, brokerage, taxes and/or any
other expenses.
e. That this Hon'ble Tribunal be pleased to penalize the
Respondent as per section 60 of RERA Act for giving false
information as per section 4 of the Act.
f. That this Hon'ble Tribunal be pleased to order and direct the
Respondents to pay Rs. 10,00,000/- towards legal costs to the
Complainants.
g. Any further reliefs be kindly granted which this Hon’ble
Authority deem fit.

14. CC12500829
10/03/2025
a. That this Hon'ble Authority be pleased to direct the
Respondent to handover the possession of flat being 501, 5th
floor, A wing, admeasuring 54.40 sq. mtrs equivalent to 586 sq.ft
carpet Area of the building. "Ashoka Heights " (“Building”)
situated at C.T.S No. 635 & 637 (Part), at Nahur Gaon, Village-
Nahur, taluka- Kurla, Dist of Mumbai along with common
utility area and all the fittings as prescribed in the brochure and
agreement along with the Occupation Certificate (OC).
b. That this Hon’ble Authority be pleased to direct the
Respondent to pay interest to the complainant calculated at 18%
p.a. on the amount of Rs. 91,94,388/- paid towards
consideration, taxes and other charges to be calculated monthly

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Page 15 of 64
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till the actual hand over of possession with Occupation
Certificate to the Complainant.
c. That this Hon'ble Authority be pleased to direct the
Respondent to pay to the Complainants, mesne profits
amounting to Rs. 38,500/- per month, amounting to Rs.
28,00,000/- for failing to hand over possession of the said unit to
the Complainants within time in respect of the Agreement to Sell
dated 21st September 2017, for the unit being 501, 5th floor, A
wing, admeasuring 54.40 sq. mtrs equivalent to 586 sq.ft carpet
Area of the building "Ashoka Heights " situated at C.T.S No.
635 & 637 (Part), at Nahur Gaon, Village- Nahur, taluka-
Kurla, Dist of Mumbai in terms of Section 12 and section 18 of
RERA Act, 2016, read along with Maharashtra RERA Rules,

2017. d. That this Hon'ble Authority be pleased to direct the
Respondent not to create third party rights in respect of unit
being 501, 5th floor, A wing, admeasuring 54.40 sq. mtrs
equivalent to 586 sq.ft carpet Area of the building "Ashoka
Heights " situated at C.T.S No. 635 & 637 (Part), at Nahur
Gaon, Village- Nahur, taluka- Kurla, Dist of Mumbai until
payment and full realization of refund of the entire amount
sought for in prayer clauses (a) and (b) including stamp duty
registration, brokerage, taxes and/or any other expenses.
e. That this Hon'ble Tribunal be pleased to penalize the
Respondent as per section 60 of RERA Act for giving false
information as per section 4 of the Act.
f. That this Hon'ble Tribunal be pleased to order and direct the
Respondents to pay Rs. 10,00,000/- towards legal cost.
g. Any further reliefs be kindly granted which this Hon’ble
Authority deem fit

15. CC12500823
10/03/2025
a. That this Hon'ble Authority be pleased to direct the
Respondent to handover the possession of flat being 1301, 13th
floor, A wing, admeasuring 54.44 sq. mtrs equivalent to 586 sq.ft
Rera Carpet Area along with one car parking area of the
building. "Ashoka Heights " situated at C.T.S No. 635 & 637
(Part), at Nahur Gaon, Village- Nahur, taluka- Kurla, Dist of
Mumbai along with common utility area and all the fittings as
prescribed in the brochure and agreement along with the
Occupation Certificate (OC).
b. That this Hon’ble Authority be pleased to direct the
Respondent to pay interest to the complainant calculated at 18%
p.a. on the amount of Rs. 1,01,49,826/-paid towards

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Page 16 of 64
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consideration, taxes and other charges to be calculated monthly
till the actual hand over of possession with Occupation
Certificate to the Complainant.
c. That this Hon'ble Authority be pleased to direct the
Respondent to pay to the Complainants, mesne profits
amounting to Rs. 42,500/- per month, amounting to Rs.
11,00,000/- for failing to hand over possession of the said unit to
the Complainants within time in respect of the Agreement to Sell
dated 28th March 2022, for the unit being 1301, 13th floor, A
wing, admeasuring 54.44 sq. mtrs equivalent to 586 sq.ft Rera
Carpet Area along with one car parking area of the building.
"Ashoka Heights " situated at C.T.S No. 635 & 637 (Part), at
Nahur Gaon, Village- Nahur, taluka- Kurla, Dist of Mumbai in
terms of Section 12 and section 18 of RERA Act, 2016, read
along with Maharashtra RERA Rules, 2017.
d. That this Hon'ble Authority be pleased to direct the
Respondent not to create third party rights in respect of unit
being 1301, 13th floor, A wing, admeasuring 54.44 sq. mtrs
equivalent to 586 sq.ft Rera Carpet Area along with one car
parking area of the building. "Ashoka Heights " situated at
C.T.S No. 635 & 637 (Part), at Nahur Gaon, Village- Nahur,
taluka- Kurla, Dist of Mumbai until payment and full
realization of refund of the entire amount sought for in prayer
clauses (a) and (b) including stamp duty registration, brokerage,
taxes and/or any other expenses.
e. That this Hon'ble Tribunal be pleased to penalize the
Respondent as per section 60 of RERA Act for giving false
information as per section 4 of the Act.
f. That this Hon'ble Tribunal be pleased to order and direct the
Respondents to pay Rs. 10,00,000/- towards legal costs to the
Complainants.
g. Any further reliefs be kindly granted which this Hon’ble
Authority deem fit.

16. CC12500836
11/03/2025
a. That this Hon'ble Authority be pleased to direct the
Respondent to handover the possession of flat being 2102, 21st
floor, A wing, admeasuring 36.14 sq. mtrs equivalent to 389 sq.ft
of the building. "Ashoka Heights " situated at C.T.S No. 635 &
637 (Part), at Nahur Gaon, Village- Nahur, taluka- Kurla, Dist
of Mumbai along with common utility area and all the fittings
as prescribed in the brochure and agreement along with the
Occupation Certificate (OC).

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Page 17 of 64
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b. That this Hon’ble Authority be pleased to direct the
Respondent to pay interest to the complainant calculated at 18%
p.a. on the amount of Rs. 64,00,635/- paid towards
consideration, taxes and other charges to be calculated monthly
till the actual hand over of possession with Occupation
Certificate to the Complainant.
c. That this Hon'ble Authority be pleased to direct the
Respondent to pay to the Complainants, mesne profits
amounting to Rs. 25,000/- per month, amounting to Rs.
10,00,000/- for failing to hand over possession of the said unit to
the Complainants within time in respect of the Agreement to Sell
dated 18th February 2022, for the unit being 2102, 21st floor, A
wing, admeasuring 36.14 sq. mtrs equivalent to 389 sq.ft of the
building. "Ashoka Heights " situated at C.T.S No. 635 & 637
(Part), at Nahur Gaon, Village- Nahur, taluka- Kurla, Dist of
Mumbai in terms of Section 12 and section 18 of RERA Act,
2016, read along with Maharashtra RERA Rules, 2017.
d. That this Hon'ble Authority be pleased to direct the
Respondent not to create third party rights in respect of unit
being 2102, 21st floor, A wing, admeasuring 36.14 sq. mtrs
equivalent to 389 sq.ft of the building. "Ashoka Heights "
situated at C.T.S No. 635 & 637 (Part), at Nahur Gaon, Village-
Nahur, taluka- Kurla, Dist of Mumbai until payment and full
realization of refund of the entire amount sought for in prayer
clauses (a) and (b) including stamp duty registration, brokerage,
taxes and/or any other expenses.
e. That this Hon'ble Tribunal be pleased to penalize the
Respondent as per section 60 of RERA Act for giving false
information as per section 4 of the Act.
f. That this Hon'ble Tribunal be pleased to order and direct the
Respondents to pay Rs. 10,00,000/- towards legal costs to the
Complainants.
g. Any further reliefs be kindly granted which this Hon’ble
Authority deem fit and proper in the facts and circumstances of
the case and for such further and other reliefs that this Hon'ble
Authority deems fit.

17. CC12500844
11/03/2025
a. That this Hon'ble Authority be pleased to direct the
Respondent to handover the possession of flat being B-1002, 10th
floor, B wing, admeasuring 35.30 sq. mtrs equivalent to 380 sq.ft
carpet Area along with one parking area of the building. "Ashoka
Heights " situated at C.T.S No. 635 & 637 (Part), at Nahur
Gaon, Village- Nahur, taluka- Kurla, Dist of Mumbai along with

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Page 18 of 64
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common utility area and all the fittings as prescribed in the
brochure and agreement along with the Occupation Certificate
(OC).
b. That this Hon’ble Authority be pleased to direct the
Respondent to pay interest to the complainant calculated at 18%
p.a. on the amount of Rs. 60,96,625/- paid towards
consideration, taxes and other charges to be calculated monthly
till the actual hand over of possession with Occupation
Certificate to the Complainant.
c. That this Hon'ble Authority be pleased to direct the
Respondent to pay to the Complainants, mesne profits
amounting to Rs.25,500/- per month, amounting to Rs.
13,51,500/- for failing to hand over possession of the said unit to
the Complainants within time in respect of the Agreement to Sell
dated 30th March 2017, for the unit being B-1002, 10th floor, B
wing, admeasuring 35.30 sq. mtrs equivalent to 380 sq.ft carpet
Area along with one parking area of the building "Ashoka
Heights " situated at C.T.S No. 635 & 637 (Part), at Nahur
Gaon, Village- Nahur, taluka- Kurla, Dist of Mumbai in terms
of Section 12 and section 18 of RERA Act, 2016, read along with
Maharashtra RERA Rules, 2017.
d. That this Hon'ble Authority be pleased to direct the
Respondent not to create third party rights in respect of unit
being B-1002, 10th floor, B wing, admeasuring 35.30 sq. mtrs
equivalent to 380 sq.ft carpet Area along with one parking area
of the building "Ashoka Heights " situated at C.T.S No. 635 &
637 (Part), at Nahur Gaon, Village- Nahur, taluka- Kurla, Dist
of Mumbai until payment and full realization of refund of the
entire amount sought for in prayer clauses (a) and (b) including
stamp duty registration, brokerage, taxes and/or any other
expenses.
e. That this Hon'ble Tribunal be pleased to penalize the
Respondent as per section 60 of RERA Act for giving false
information as per section 4 of the Act.
f. That this Hon'ble Tribunal be pleased to order and direct the
Respondents to pay Rs. 10,00,000/- towards legal costs to the
Complainants.
g. Any further reliefs be kindly granted which this Hon’ble
Authority deem fit

18. CC12500866
12/03/2025
a. That this Hon'ble Authority be pleased to direct the
Respondent to handover the possession of flat being 1007, 10th
floor, B wing, admeasuring 53.41 sq. mtrs equivalent to 575 sq.ft

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Page 19 of 64
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carpet Area of the building. "Ashoka Heights " situated at C.T.S
No. 635 & 637 (Part), at Nahur Gaon, Village- Nahur, taluka-
Kurla, Dist of Mumbai along with common utility area and all
the fittings as prescribed in the brochure and agreement along
with the Occupation Certificate (OC).
b. That this Hon’ble Authority be pleased to direct the
Respondent to pay interest to the complainant calculated at 18%
p.a. on the amount of Rs. 84,61,433/- paid towards
consideration, taxes and other charges to be calculated monthly
till the actual hand over of possession with Occupation
Certificate to the Complainant.
c. That this Hon'ble Authority be pleased to direct the
Respondent to pay to the Complainants, mesne profits
amounting to Rs.35,500/- per month, amounting to Rs.
19,88,000/- for failing to hand over possession of the said unit to
the Complainants within time in respect of the Agreement to Sell
dated 06th January 2017, for the unit being 1007, 10th floor, B
wing, admeasuring 53.41 sq. mtrs equivalent to 575 sq.ft carpet
Area of the building "Ashoka Heights " situated at C.T.S No.
635 & 637 (Part), at Nahur Gaon, Village- Nahur, taluka-
Kurla, Dist of Mumbai in terms of Section 12 and section 18 of
RERA Act, 2016, read along with Maharashtra RERA Rules,

2017. d. That this Hon'ble Authority be pleased to direct the
Respondent not to create third party rights in respect of unit
being 1007, 10th floor, B wing, admeasuring 53.41 sq. mtrs
equivalent to 575 sq.ft carpet Area of the building "Ashoka
Heights " situated at C.T.S No. 635 & 637 (Part), at Nahur
Gaon, Village- Nahur, taluka- Kurla, Dist of Mumbai until
payment and full realization of refund of the entire amount
sought for in prayer clauses (a) and (b) including stamp duty
registration, brokerage, taxes and/or any other expenses.
e. That this Hon'ble Tribunal be pleased to penalize the
Respondent as per section 60 of RERA Act for giving false
information as per section 4 of the Act.
f. That this Hon'ble Tribunal be pleased to order and direct the
Respondents to pay Rs. 10,00,000/- towards legal costs to the
Complainants. g. Any further reliefs be kindly granted which
this Hon’ble Authority deem fit

19. CC12500857
12/03/2025
a. That this Hon'ble Authority be pleased to direct the
Respondent to handover the possession of flat being 1802, 18th
floor, A wing, admeasuring 36.14 sq. mtrs equivalent to 389 sq.ft

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Page 20 of 64
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of the building. "Ashoka Heights " situated at C.T.S No. 635 &
637 (Part), at Nahur Gaon, Village- Nahur, taluka- Kurla, Dist
of Mumbai along with common utility area and all the fittings
as prescribed in the brochure and agreement along with the
Occupation Certificate (OC).
b. That this Hon’ble Authority be pleased to direct the
Respondent to pay interest to the complainant calculated at 18%
p.a. on the amount of Rs. 68,60,344/- paid towards
consideration, taxes and other charges to be calculated monthly
till the actual hand over of possession with Occupation
Certificate to the Complainant.
c. That this Hon'ble Authority be pleased to direct the
Respondent to pay to the Complainants, mesne profits
amounting to Rs. 28,750/- per month, amounting to Rs.
5,00,000/- for failing to hand over possession of the said unit to
the Complainants within time in respect of the Agreement to Sell
dated 25th August 2022, for the unit being 1802, 18th floor, A
wing, admeasuring 36.14 sq. mtrs equivalent to 389 sq.ft of the
building. "Ashoka Heights " situated at C.T.S No. 635 & 637
(Part), at Nahur Gaon, Village- Nahur, taluka- Kurla, Dist of
Mumbai in terms of Section 12 and section 18 of RERA Act,
2016, read along with Maharashtra RERA Rules, 2017.
d. That this Hon'ble Authority be pleased to direct the
Respondent not to create third party rights in respect of unit
being 1802, 18th floor, A wing, admeasuring 36.14 sq. mtrs
equivalent to 389 sq.ft of the building. "Ashoka Heights "
situated at C.T.S No. 635 & 637 (Part), at Nahur Gaon, Village-
Nahur, taluka- Kurla, Dist of Mumbai until payment and full
realization of refund of the entire amount sought for in prayer
clauses (a) and (b) including stamp duty registration, brokerage,
taxes and/or any other expenses.
e. That this Hon'ble Tribunal be pleased to penalize the
Respondent as per section 60 of RERA Act for giving false
information as per section 4 of the Act.
f. That this Hon'ble Tribunal be pleased to order and direct the
Respondents to pay Rs. 10,00,000/- towards legal costs to the
Complainants.
g. Any further reliefs be kindly granted which this Hon’ble
Authority deem fit and proper in the facts and circumstances of
the case and for such further and other reliefs that this Hon'ble
Authority deems fit.

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Page 21 of 64
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20. CC12500865
12/03/2025
a. That this Hon'ble Authority be pleased to direct the
Respondent to handover the possession of flat being 1207, 12th
floor, B wing, admeasuring 53.42 sq. mtrs equivalent to 575 sq.ft
carpet Area along with one car parking area of the building.
"Ashoka Heights " situated at C.T.S No. 635 & 637 (Part), at
Nahur Gaon, Village- Nahur, taluka- Kurla, Dist of Mumbai
along with common utility area and all the fittings as prescribed
in the brochure and agreement along with the Occupation
Certificate (OC).
b. That this Hon’ble Authority be pleased to direct the
Respondent to pay interest to the complainant calculated at 18%
p.a. on the amount of Rs. 88,95,205/- paid towards
consideration, taxes and other charges to be calculated monthly
till the actual hand over of possession with Occupation
Certificate to the Complainant.
c. That this Hon'ble Authority be pleased to direct the
Respondent to pay to the Complainants, mesne profits
amounting to Rs.37,500/- per month, amounting to Rs.
18,75,000/-for failing to hand over possession of the said unit to
the Complainants within time in respect of the Agreement to Sell
dated 01st December 2016, for the unit being 1207, 12th floor, B
wing, admeasuring 53.42 sq. mtrs equivalent to 575 sq.ft carpet
Area along with one car parking area of the building "Ashoka
Heights " situated at C.T.S No. 635 & 637 (Part), at Nahur
Gaon, Village- Nahur, taluka- Kurla, Dist of Mumbai in terms
of Section 12 and section 18 of RERA Act, 2016, read along with
Maharashtra RERA Rules, 2017.
d. That this Hon'ble Authority be pleased to direct the
Respondent not to create third party rights in respect of unit
being1207, 12th floor, B wing, admeasuring 53.42 sq. mtrs
equivalent to 575 sq.ft carpet Area along with one car parking
area of the building "Ashoka Heights " situated at C.T.S No. 635
& 637 (Part), at Nahur Gaon, Village- Nahur, taluka- Kurla,
Dist of Mumbai until payment and full realization of refund of
the entire amount sought for in prayer clauses (a) and (b)
including stamp duty registration, brokerage, taxes and/or any
other expenses.
e. That this Hon'ble Tribunal be pleased to penalize the
Respondent as per section 60 of RERA Act for giving false
information as per section 4 of the Act.

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f. That this Hon'ble Tribunal be pleased to order and direct the
Respondents to pay Rs. 10,00,000/- towards legal costs to the
Complainants.
g. Any further reliefs be kindly granted which this Hon’ble
Authority deem fit

21. CC12500891
13/03/2025
a. That this Hon'ble Authority be pleased to direct the
Respondent to handover the possession of flat being 905, 9th
Floor, B wing, admeasuring 35.30 sq. mtrs equivalent to 380
sq.ft carpet Area of the building. "Ashoka Heights " situated at
C.T.S No. 635 & 637 (Part), at Nahur Gaon, Village- Nahur,
taluka- Kurla, Dist of Mumbai along with common utility area
and all the fittings as prescribed in the brochure and agreement
along with the Occupation Certificate (OC).
b. That this Hon’ble Authority be pleased to direct the
Respondent to pay interest to the complainant calculated at 18%
p.a. on the amount of Rs.59,75,908/- paid towards consideration,
taxes and other charges to be calculated monthly till the actual
hand over of possession with Occupation Certificate to the
Complainant.
c. That this Hon'ble Authority be pleased to direct the
Respondent to pay to the Complainants, mesne profits
amounting to Rs. 25,000/- per month, amounting to Rs.
10,00,000/-for failing to hand over possession of the said unit to
the Complainants within time in respect of the Agreement to Sell
dated 04th February 2017, for the unit being 1803, 905, 9th
Floor, B wing, admeasuring 35.30 sq. mtrs equivalent to 380
sq.ft carpet Area of the building "Ashoka Heights " situated at
C.T.S No. 635 & 637 (Part), at Nahur Gaon, Village- Nahur,
taluka- Kurla, Dist of Mumbai in terms of Section 12 and section
18 of RERA Act, 2016, read along with Maharashtra RERA
Rules, 2017.
d. That this Hon'ble Authority be pleased to direct the
Respondent not to create third party rights in respect of unit
being 905, 9th Floor, B wing, admeasuring 35.30 sq. mtrs
equivalent to 380 sq.ft carpet Area of the building "Ashoka
Heights " situated at C.T.S No. 635 & 637 (Part), at Nahur
Gaon, Village- Nahur, taluka- Kurla, Dist of Mumbai until
payment and full realization of refund of the entire amount
sought for in prayer clauses (a) and (b) including stamp duty
registration, brokerage, taxes and/or any other expenses.

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e. That this Hon'ble Tribunal be pleased to penalize the
Respondent as per section 60 of RERA Act for giving false
information as per section 4 of the Act.
f. That this Hon'ble Tribunal be pleased to order and direct the
Respondents to pay Rs. 10,00,000/- towards legal costs to the
Complainants.
g. Any further reliefs be kindly granted which this Hon’ble
Authority deem fit and proper

22. CC12500885
13/03/2025
a. That this Hon'ble Authority be pleased to direct the
Respondent to handover the possession of flat being1401, 14th
floor, B wing, admeasuring 35.77 sq. mtrs equivalent to 385 sq.ft
Rera Carpet Area of the building. "Ashoka Heights " situated at
C.T.S No. 635 & 637 (Part), at Nahur Gaon, Village- Nahur,
taluka- Kurla, Dist of Mumbai along with common utility area
and all the fittings as prescribed in the brochure and agreement
along with the Occupation Certificate (OC).
b. That this Hon’ble Authority be pleased to direct the
Respondent to pay interest to the complainant calculated at 18%
p.a. on the amount of Rs. 65,85,112/- paid towards
consideration, taxes and other charges to be calculated monthly
till the actual hand over of possession with Occupation
Certificate to the Complainant.
c. That this Hon'ble Authority be pleased to direct the
Respondent to pay to the Complainants, mesne profits
amounting to Rs. 27,500/- per month, amounting to Rs.
8,15,000/- for failing to hand over possession of the said unit to
the Complainants on time in respect of the Agreement to Sell
dated 18th February 2022, for the unit being 1401, 14th floor, B
wing, admeasuring 35.77 sq. mtrs equivalent to 385 sq.ft Rera
Carpet Area "Ashoka Heights " situated at C.T.S No. 635 & 637
(Part), at Nahur Gaon, Village- Nahur, taluka- Kurla, Dist of
Mumbai in terms of Section 12 and section 18 of RERA Act,
2016, read along with Maharashtra RERA Rules, 2017.
d. That this Hon'ble Authority be pleased to direct the
Respondent not to create third party rights in respect of unit
being1401, 14th floor, B wing, admeasuring 35.77 sq. mtrs
equivalent to 385 sq.ft Rera Carpet Area of the building. "Ashoka
Heights " situated at C.T.S No. 635 & 637 (Part), at Nahur
Gaon, Village- Nahur, taluka- Kurla, Dist of Mumbai until
payment and full realization of refund of the entire amount
sought for in prayer clauses (a) and (b) including stamp duty
registration, brokerage, taxes and/or any other expenses.

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e. That this Hon'ble Tribunal be pleased to penalize the
Respondent as per section 60 of RERA Act for giving false
information as per section 4 of the Act.
f. That this Hon'ble Tribunal be pleased to order and direct the
Respondents to pay Rs. 10,00,000/- towards legal costs to the
Complainants.
g. Any further reliefs be kindly granted which this Hon’ble
Authority deem fit

23. CC12500896
15/03/2025
a. That this Hon'ble Authority be pleased to direct the
Respondent to handover the possession of flat being 401, 4th
floor, B wing, admeasuring 35.30 sq. mtrs equivalent to 380 sq.ft
carpet Area along with one car parking area of the building.
"Ashoka Heights " situated at C.T.S No. 635 & 637 (Part), at
Nahur Gaon, Village- Nahur, taluka- Kurla, Dist of Mumbai
along with common utility area and all the fittings as prescribed
in the brochure and agreement along with the Occupation
Certificate (OC).
b. That this Hon’ble Authority be pleased to direct the
Respondent to pay interest to the complainant calculated at 18%
p.a. on the amount of Rs.61,07,726/- paid towards consideration,
taxes and other charges to be calculated monthly till the actual
hand over of possession with Occupation Certificate to the
Complainant.
c. That this Hon'ble Authority be pleased to direct the
Respondent to pay to the Complainants, mesne profits
amounting to Rs.25,700/- per month, amounting to Rs.
11,30,800/- for failing to hand over possession of the said unit to
the Complainants within time in respect of the Agreement to Sell
dated 23rd December 2016, for the unit being 401, 4th floor, B
wing, admeasuring 35.30 sq. mtrs equivalent to 380 sq.ft carpet
Area along with one car parking area of the building "Ashoka
Heights " situated at C.T.S No. 635 & 637 (Part), at Nahur
Gaon, Village- Nahur, taluka- Kurla, Dist of Mumbai in terms
of Section 12 and section 18 of RERA Act, 2016, read along with
Maharashtra RERA Rules, 2017.
d. That this Hon'ble Authority be pleased to direct the
Respondent not to create third party rights in respect of unit
being401, 4th floor, B wing, admeasuring 35.30 sq. mtrs
equivalent to 380 sq.ft carpet Area along with one car parking
area of the building "Ashoka Heights " situated at C.T.S No. 635
& 637 (Part), at Nahur Gaon, Village- Nahur, taluka- Kurla,
Dist of Mumbai until payment and full realization of refund of

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the entire amount sought for in prayer clauses (a) and (b)
including stamp duty registration, brokerage, taxes and/or any
other expenses.
e. That this Hon'ble Tribunal be pleased to penalize the
Respondent as per section 60 of RERA Act for giving false
information as per section 4 of the Act.
f. That this Hon'ble Tribunal be pleased to order and direct the
Respondents to pay Rs. 10,00,000/- towards legal costs to the
Complainants.
g. Any further reliefs be kindly granted which this Hon’ble
Authority deem fit

24. CC12500900
15/03/2025
a. That this Hon'ble Authority be pleased to direct the
Respondent to handover the possession of flat being 1507, 15th
floor, B wing, admeasuring 56.10 sq. mtrs equivalent to 604 sq.ft
carpet Area along with one parking area of the building. "Ashoka
Heights " situated at C.T.S No. 635 & 637 (Part), at Nahur
Gaon, Village- Nahur, taluka- Kurla, Dist of Mumbai along with
common utility area and all the fittings as prescribed in the
brochure and agreement along with the Occupation Certificate
(OC).
b. That this Hon’ble Authority be pleased to direct the
Respondent to pay interest to the complainant calculated at 18%
p.a. on the amount of Rs.98,49,130/- paid towards consideration,
taxes and other charges to be calculated monthly till the actual
hand over of possession with Occupation Certificate to the
Complainant.
c. That this Hon'ble Authority be pleased to direct the
Respondent to pay to the Complainants, mesne profits
amounting to Rs. 41,100/- per month, amounting to Rs.
30,82,500/- for failing to hand over possession of the said unit to
the Complainants within time in respect of the Agreement to Sell
dated 09th November 2017, for the unit being 1507, 15th floor,
B wing, admeasuring 56.10 sq. mtrs equivalent to 604 sq.ft
carpet Area along with one parking area of the building "Ashoka
Heights " situated at C.T.S No. 635 & 637 (Part), at Nahur
Gaon, Village- Nahur, taluka- Kurla, Dist of Mumbai in terms
of Section 12 and section 18 of RERA Act, 2016, read along with
Maharashtra RERA Rules, 2017.
d. That this Hon'ble Authority be pleased to direct the
Respondent not to create third party rights in respect of unit
being 1507, 15th floor, B wing, admeasuring 56.10 sq. mtrs
equivalent to 604 sq.ft carpet Area along with one parking area

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of the building "Ashoka Heights " situated at C.T.S No. 635 &
637 (Part), at Nahur Gaon, Village- Nahur, taluka- Kurla, Dist
of Mumbai until payment and full realization of refund of the
entire amount sought for in prayer clauses (a) and (b) including
stamp duty registration, brokerage, taxes and/or any other
expenses.
e. That this Hon'ble Tribunal be pleased to penalize the
Respondent as per section 60 of RERA Act for giving false
information as per section 4 of the Act.
f. That this Hon'ble Tribunal be pleased to order and direct the
Respondents to pay Rs. 10,00,000/- towards legal costs to the
Complainants.
g. Any further reliefs be kindly granted which this Hon’ble
Authority deem fit

25. CC12500905
15/03/2025
a. That this Hon'ble Authority be pleased to direct the
Respondent to handover the possession of flat being 1103, 11th
floor, A wing, admeasuring 35.30 sq. mtrs equivalent to 380 sq.ft
carpet Area of the building. "Ashoka Heights " situated at C.T.S
No. 635 & 637 (Part), at Nahur Gaon, Village- Nahur, taluka-
Kurla, Dist of Mumbai along with common utility area and all
the fittings as prescribed in the brochure and agreement along
with the Occupation Certificate (OC).
b. That this Hon’ble Authority be pleased to direct the
Respondent to pay interest to the complainant calculated at 18%
p.a. on the amount of Rs.58,27,381/- paid towards consideration,
taxes and other charges to be calculated monthly till the actual
hand over of possession with Occupation Certificate to the
Complainant.
c. That this Hon'ble Authority be pleased to direct the
Respondent to pay to the Complainants, mesne profits
amounting to Rs.24,300/- per month, amounting to Rs.
06,90,200/- for failing to hand over possession of the said unit to
the Complainants within time in respect of the Agreement to Sell
dated 21st July 2017, for the unit being 1103, 11th floor, A wing,
admeasuring 35.30 sq. mtrs equivalent to 380 sq.ft carpet Area
of the building "Ashoka Heights " situated at C.T.S No. 635 &
637 (Part), at Nahur Gaon, Village- Nahur, taluka- Kurla, Dist
of Mumbai in terms of Section 12 and section 18 of RERA Act,
2016, read along with Maharashtra RERA Rules, 2017.
d. That this Hon'ble Authority be pleased to direct the
Respondent not to create third party rights in respect of unit
being 1103, 11th floor, A wing, admeasuring 35.30 sq. mtrs

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equivalent to 380 sq.ft carpet Area of the building "Ashoka
Heights " situated at C.T.S No. 635 & 637 (Part), at Nahur
Gaon, Village- Nahur, taluka- Kurla, Dist of Mumbai until
payment and full realization of refund of the entire amount
sought for in prayer clauses (a) and (b) including stamp duty
registration, brokerage, taxes and/or any other expenses.
e. That this Hon'ble Tribunal be pleased to penalize the
Respondent as per section 60 of RERA Act for giving false
information as per section 4 of the Act.
f. That this Hon'ble Tribunal be pleased to order and direct the
Respondents to pay Rs. 10,00,000/- towards legal costs to the
Complainants.
g. Any further reliefs be kindly granted which this Hon’ble
Authority deem fit

26. CC12500909
15/03/2025
a. That this Hon'ble Authority be pleased to direct the
Respondent to handover the possession of flat being 301, 3rd
floor, B wing, admeasuring 35.30 sq. mtrs equivalent to 380 sq.ft
carpet Area along with one car parking area of the building.
"Ashoka Heights " situated at C.T.S No. 635 & 637 (Part), at
Nahur Gaon, Village- Nahur, taluka- Kurla, Dist of Mumbai
along with common utility area and all the fittings as prescribed
in the brochure and agreement along with the Occupation
Certificate (OC).
b. That this Hon’ble Authority be pleased to direct the
Respondent to pay interest to the complainant calculated at 18%
p.a. on the amount of Rs. 63,06,130/- paid towards
consideration, taxes and other charges to be calculated monthly
till the actual hand over of possession with Occupation
Certificate to the Complainant.
c. That this Hon'ble Authority be pleased to direct the
Respondent to pay to the Complainants, mesne profits
amounting to Rs.26,700/- per month, amounting to Rs.
12,02,500/- for failing to hand over possession of the said unit to
the Complainants within time in respect of the Agreement to Sell
dated 04th November 2016, for the unit being 301, 3rd floor, B
wing, admeasuring 35.30 sq. mtrs equivalent to 380 sq.ft carpet
Area along with one car parking area of the building "Ashoka
Heights " situated at C.T.S No. 635 & 637 (Part), at Nahur
Gaon, Village- Nahur, taluka- Kurla, Dist of Mumbai in terms
of Section 12 and section 18 of RERA Act, 2016, read along with
Maharashtra RERA Rules, 2017.

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d. That this Hon'ble Authority be pleased to direct the
Respondent not to create third party rights in respect of unit
being301, 3rd floor, B wing, admeasuring 35.30 sq. mtrs
equivalent to 380 sq.ft carpet Area along with one car parking
area of the building "Ashoka Heights " situated at C.T.S No. 635
& 637 (Part), at Nahur Gaon, Village- Nahur, taluka- Kurla,
Dist of Mumbai until payment and full realization of refund of
the entire amount sought for in prayer clauses (a) and (b)
including stamp duty registration, brokerage, taxes and/or any
other expenses.
e. That this Hon'ble Tribunal be pleased to penalize the
Respondent as per section 60 of RERA Act for giving false
information as per section 4 of the Act.
f. That this Hon'ble Tribunal be pleased to order and direct the
Respondents to pay Rs. 10,00,000/- towards legal costs to the
Complainants.
g. Any further reliefs be kindly granted which this Hon’ble
Authority deem fit

27. CC12500918
16/03/2025
a. That this Hon'ble Authority be pleased to direct the
Respondent to handover the possession of flat being 1803, 18th
floor, A wing, admeasuring 36.44 sq. mtrs equivalent to 389 sq.ft
carpet Area of the building. "Ashoka Heights " situated at C.T.S
No. 635 & 637 (Part), at Nahur Gaon, Village- Nahur, taluka-
Kurla, Dist of Mumbai along with common utility area and all
the fittings as prescribed in the brochure and agreement along
with the Occupation Certificate (OC).
b. That this Hon’ble Authority be pleased to direct the
Respondent to pay interest to the complainant calculated at 18%
p.a. on the amount of Rs. 65,04,634/- paid towards
consideration, taxes and other charges to be calculated monthly
till the actual hand over of possession with Occupation
Certificate to the Complainant.
c. That this Hon'ble Authority be pleased to direct the
Respondent to pay to the Complainants, mesne profits
amounting to Rs. 26500/- per month, amounting to Rs.
14,00,000/- for failing to hand over possession of the said unit to
the Complainants within time in respect of the Agreement to Sell
dated 31st December 2020, for the unit being 1803, 18th floor, A
wing, admeasuring 36.44 sq. mtrs equivalent to 389 sq.ft carpet
Area of the building "Ashoka Heights " situated at C.T.S No.
635 & 637 (Part), at Nahur Gaon, Village- Nahur, taluka-
Kurla, Dist of Mumbai in terms of Section 12 and section 18 of

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Page 29 of 64
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RERA Act, 2016, read along with Maharashtra RERA Rules,

2017. d. That this Hon'ble Authority be pleased to direct the
Respondent not to create third party rights in respect of unit
being 1803, 18th floor, A wing, admeasuring 36.44 sq. mtrs
equivalent to 389 sq.ft carpet Area of the building "Ashoka
Heights " situated at C.T.S No. 635 & 637 (Part), at Nahur
Gaon, Village- Nahur, taluka- Kurla, Dist of Mumbai until
payment and full realization of refund of the entire amount
sought for in prayer clauses (a) and (b) including stamp duty
registration, brokerage, taxes and/or any other expenses.
e. That this Hon'ble Tribunal be pleased to penalize the
Respondent as per section 60 of RERA Act for giving false
information as per section 4 of the Act.
f. That this Hon'ble Tribunal be pleased to order and direct the
Respondents to pay Rs. 10,00,000/- towards legal costs to the
Complainants. g. Any further reliefs be kindly granted which
this Hon’ble Authority deem fit and proper.

28. CC12500915
16/03/2025
a. That this Hon'ble Authority be pleased to direct the
Respondent to handover the possession of flat being 1506, 15th
floor, B wing, admeasuring 53.42 sq. mtrs equivalent to 575 sq.ft
carpet Area along with one car parking area of the building.
"Ashoka Heights " situated at C.T.S No. 635 & 637 (Part), at
Nahur Gaon, Village- Nahur, taluka- Kurla, Dist of Mumbai
along with common utility area and all the fittings as prescribed
in the brochure and agreement along with the Occupation
Certificate (OC).
b. That this Hon’ble Authority be pleased to direct the
Respondent to pay interest to the complainant calculated at 18%
p.a. on the amount of Rs. 1,03,70,030/- paid towards
consideration, taxes and other charges to be calculated monthly
till the actual hand over of possession with Occupation
Certificate to the Complainant.
c. That this Hon'ble Authority be pleased to direct the
Respondent to pay to the Complainants, mesne profits
amounting to Rs. 43,300/- per month, amounting to Rs.
17,75,300/- for failing to hand over possession of the said unit to
the Complainants within time in respect of the Agreement to Sell
dated 30th March 2017, for the unit being 1506, 15th floor, B
wing, admeasuring 53.42 sq. mtrs equivalent to 575 sq.ft carpet
Area along with one car parking area of the building "Ashoka
Heights " situated at C.T.S No. 635 & 637 (Part), at Nahur

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Page 30 of 64
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Gaon, Village- Nahur, taluka- Kurla, Dist of Mumbai in terms
of Section 12 and section 18 of RERA Act, 2016, read along with
Maharashtra RERA Rules, 2017.
d. That this Hon'ble Authority be pleased to direct the
Respondent not to create third party rights in respect of unit
being 1506, 15th floor, B wing, admeasuring 53.42 sq. mtrs
equivalent to 575 sq.ft carpet Area along with one car parking
area of the building "Ashoka Heights " situated at C.T.S No. 635
& 637 (Part), at Nahur Gaon, Village- Nahur, taluka- Kurla,
Dist of Mumbai until payment and full realization of refund of
the entire amount sought for in prayer clauses (a) and (b)
including stamp duty registration, brokerage, taxes and/or any
other expenses.
E. That this Hon'ble Tribunal be pleased to penalize the
Respondent as per section 60 of RERA Act for giving false
information as per section 4 of the Act.
f. That this Hon'ble Tribunal be pleased to order and direct the
Respondents to pay Rs. 10,00,000/- towards legal costs to the
Complainants.
g. Any further reliefs be kindly granted which this Hon’ble
Authority deem fit

29. CC12500913
16/03/2025
a. That this Hon'ble Authority be pleased to direct the
Respondent to handover the possession of flat being 2106, 21st
floor, B wing, admeasuring 56.11 sq. mtrs equivalent to 604 sq.ft
carpet Area of the building. "Ashoka Heights " situated at C.T.S
No. 635 & 637 (Part), at Nahur Gaon, Village- Nahur, taluka-
Kurla, Dist of Mumbai along with common utility area and all
the fittings as prescribed in the brochure and agreement along
with the Occupation Certificate (OC).
b. That this Hon’ble Authority be pleased to direct the
Respondent to pay interest to the complainant calculated at 18%
p.a. on the amount of Rs.1,05,83,556/- paid towards
consideration, taxes and other charges to be calculated monthly
till the actual hand over of possession with Occupation
Certificate to the Complainant.
c. That this Hon'ble Authority be pleased to direct the
Respondent to pay to the Complainants, mesne profits
amounting to Rs.44,200/- per month, amounting to Rs.
11,50,000/- for failing to hand over possession of the said unit to
the Complainants within time in respect of the Agreement to Sell
dated 13th October 2022,, for the unit being 2106, 21st floor, B
wing, admeasuring 56.11 sq. mtrs equivalent to 604 sq.ft carpet

━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 31 of 64
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━

Area of the building "Ashoka Heights " situated at C.T.S No.
635 & 637 (Part), at Nahur Gaon, Village- Nahur, taluka-
Kurla, Dist of Mumbai in terms of Section 12 and section 18 of
RERA Act, 2016, read along with Maharashtra RERA Rules,

2017. d. That this Hon'ble Authority be pleased to direct the
Respondent not to create third party rights in respect of unit
being2106, 21st floor, B wing, admeasuring 56.11 sq. mtrs
equivalent to 604 sq.ft carpet Area of the building "Ashoka
Heights " situated at C.T.S No. 635 & 637 (Part), at Nahur
Gaon, Village- Nahur, taluka- Kurla, Dist of Mumbai until
payment and full realization of refund of the entire amount
sought for in prayer clauses (a) and (b) including stamp duty
registration, brokerage, taxes and/or any other expenses.
e. That this Hon'ble Tribunal be pleased to penalize the
Respondent as per section 60 of RERA Act for giving false
information as per section 4 of the Act.
f. That this Hon'ble Tribunal be pleased to order and direct the
Respondents to pay Rs. 10,00,000/- towards legal costs to the
Complainants. g. Any further reliefs be kindly granted which
this Hon’ble Authority deem fit and proper

30. CC12501048
28/03/2025
a. That this Hon'ble Authority be pleased to direct the
Respondent to handover the possession of flat being 601, 6th
floor, B wing, admeasuring 35.77 sq. mtrs equivalent to 385 sq.ft
Rera Carpet Area of the building. "Ashoka Heights situated at
C.T.S No. 635 & 637 (Part), at Nahur Gaon, Village- Nahur,
taluka- Kurla, Dist of Mumbai along with common utility area
and all the fittings as prescribed in the brochure and agreement
along with the Occupation Certificate (OC).
b. That this Hon’ble Authority be pleased to direct the
Respondent to pay interest to the complainant calculated at 18%
p.a. on the amount of Rs. 67,42,512/- paid towards
consideration, taxes and other charges to be calculated monthly
till the actual hand over of possession with Occupation
Certificate to the Complainant.
c. That this Hon'ble Authority be pleased to direct the
Respondent to pay to the Complainants, mesne profits
amounting to Rs. 28,500/- per month, amounting to
Rs.11,11,500/- for failing to hand over possession of the said unit
to the Complainants on time in respect of the Agreement to Sell
dated 10th December 2020, for the unit being 601, 6th floor, B
wing, admeasuring 35.77 sq. mtrs equivalent to 385 sq.ft Rera

━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 32 of 64
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Rera Carpet Area "Ashoka Heights " situated at C.T.S No. 635
& 637 (Part), at Nahur Gaon, Village- Nahur, taluka- Kurla,
Dist of Mumbai in terms of Section 12 and section 18 of RERA
Act, 2016, read along with Maharashtra RERA Rules, 2017.
d. That this Hon'ble Authority be pleased to direct the
Respondent not to create third party rights in respect of unit
being 601, 6th floor, B wing, admeasuring 35.77 sq. mtrs
equivalent to 385 sq.ft Rera Rera Carpet Area of the building.
"Ashoka Heights "situated at C.T.S No. 635 & 637 (Part), at
Nahur Gaon, Village- Nahur, taluka- Kurla, Dist of Mumbai
until payment and full realization of refund of the entire amount
sought for in prayer clauses (a) and (b) including stamp duty
registration, brokerage, taxes and/or any other expenses.
e. That this Hon'ble Tribunal be pleased to penalize the
Respondent as per section 60 of RERA Act for giving false
information as per section 4 of the Act.
f. That this Hon'ble Tribunal be pleased to order and direct the
Respondents to pay Rs. 10,00,000/- towards legal costs to the
Complainants. g. Any further reliefs be kindly granted which
this Hon’ble Authority deem fit and proper.

31. CC12501094
01/04/2025
a. That this Hon'ble Authority be pleased to direct the
Respondent to handover the possession of flat being1003, 10th
floor, A wing, admeasuring 35.30 sq. mtrs equivalent to 380 sq.ft
carpet Area of the building. "Ashoka Heights " situated at C.T.S
No. 635 & 637 (Part), at Nahur Gaon, Village- Nahur, taluka-
Kurla, Dist of Mumbai along with common utility area and all
the fittings as prescribed in the brochure and agreement along
with the Occupation Certificate (OC).
b. That this Hon’ble Authority be pleased to direct the
Respondent to pay interest to the complainant calculated at 18%
p.a. on the amount of Rs. 58,97,255/- paid towards
consideration, taxes and other charges to be calculated monthly
till the actual hand over of possession with Occupation
Certificate to the Complainant.
c. That this Hon'ble Authority be pleased to direct the
Respondent to pay to the Complainants, mesne profits
amounting to Rs.27,500/- per month, amounting to Rs.
15,75,000/- for failing to hand over possession of the said unit to
the Complainants within time in respect of the Agreement to Sell
dated 06th June 2017, for the unit being 1003, 10th floor, A
wing, admeasuring 35.30 sq. mtrs equivalent to 380 sq.ft carpet
Area of the building "Ashoka Heights " in terms of Section 12

━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 33 of 64
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and section 18 of RERA Act, 2016, read along with Maharashtra
RERA Rules, 2017.
d. That this Hon'ble Authority be pleased to direct the
Respondent not to create third party rights in respect of unit
being 1003, 10th floor, A wing, admeasuring 35.30 sq. mtrs
equivalent to 380 sq.ft carpet Area of the building "Ashoka
Heights " situated at C.T.S No. 635 & 637 (Part), at Nahur
Gaon, Village- Nahur, taluka- Kurla, Dist of Mumbai until
payment and full realization of refund of the entire amount
sought for in prayer clauses (a) and (b) including stamp duty
registration, brokerage, taxes and/or any other expenses.
e. That this Hon'ble Tribunal be pleased to penalize the
Respondent as per section 60 of RERA Act for giving false
information as per section 4 of the Act.
f. That this Hon'ble Tribunal be pleased to order and direct the
Respondents to pay Rs. 10,00,000/- (Rupees Ten Lakhs only)
towards legal costs to the Complainants.
g. Any further reliefs be kindly granted which this Hon’ble
Authority deem fit and proper in the facts and circumstances of
the case and for such further and other reliefs that this Hon'ble
Authority deems fit.

32. CC12501092
01/04/2025
a. That this Hon'ble Authority be pleased to direct the
Respondent to handover the possession of flat being1002, 10th
floor, A wing, admeasuring 35.30 sq. mtrs equivalent to 380 sq.ft
carpet Area along with one car parking area of the building.
"Ashoka Heights situated at C.T.S No. 635 & 637 (Part), at
Nahur Gaon, Village- Nahur, taluka- Kurla, Dist of Mumbai
along with common utility area and all the fittings as prescribed
in the brochure and agreement along with the Occupation
Certificate (OC).
b. That this Hon’ble Authority be pleased to direct the
Respondent to pay interest to the complainant calculated at 18%
p.a. on the amount of 65,40,644/- paid towards consideration,
taxes and other charges to be calculated monthly till the actual
hand over of possession with Occupation Certificate to the
Complainant.
c. That this Hon'ble Authority be pleased to direct the
Respondent to pay to the Complainants, mesne profits
amounting to Rs.27,500/- per month, amounting to Rs.
15,75,000/- for failing to hand over possession of the said unit to
the Complainants within time in respect of the Agreement to Sell
dated 06th June 2017, for the unit being 1002, 10th floor, A

━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 34 of 64
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━

wing, admeasuring 35.30 sq. mtrs equivalent to 380 sq.ft carpet
Area along with one car parking area of the building "Ashoka
Heights "situated at C.T.S No. 635 & 637 (Part), at Nahur
Gaon, Village- Nahur, taluka- Kurla, Dist of Mumbai in terms
of Section 12 and section 18 of RERA Act, 2016, read along with
Maharashtra RERA Rules, 2017.
d. That this Hon'ble Authority be pleased to direct the
Respondent not to create third party rights in respect of unit
being 1002, 10th floor, A wing, admeasuring 35.30 sq. mtrs
equivalent to 380 sq.ft carpet Area along with one car parking
area of the building "Ashoka Heights " situated at C.T.S No. 635
& 637 (Part), at Nahur Gaon, Village- Nahur, taluka- Kurla,
Dist of Mumbai until payment and full realization of refund of
the entire amount sought for in prayer clauses (a) and (b)
including stamp duty registration, brokerage, taxes and/or any
other expenses.
e. That this Hon'ble Tribunal be pleased to penalize the
Respondent as per section 60 of RERA Act for giving false
information as per section 4 of the Act.
f. That this Hon'ble Tribunal be pleased to order and direct the
Respondents to pay Rs. 10,00,000/- towards legal costs to the
Complainants.
g. Any further reliefs be kindly granted which this Hon’ble
Authority deem fit and proper

33. CC12501295
19/04/2025
a. That this Hon'ble Authority be pleased to direct the
Respondent to handover the possession of flat being 1901, 19th
floor, A wing, admeasuring 54.44 sq. mtrs equivalent to 586 sq.ft
carpet Area of the building. "Ashoka Heights " situated at C.T.S
No. 635 & 637 (Part), at Nahur Gaon, Village- Nahur, taluka-
Kurla, Dist of Mumbai along with common utility area and all
the fittings as prescribed in the brochure and agreement along
with the Occupation Certificate (OC).
b. That this Hon’ble Authority be pleased to direct the
Respondent to pay interest to the complainant calculated at 18%
p.a. on the amount of Rs.97,47,198/- paid towards consideration,
taxes and other charges to be calculated monthly till the actual
hand over of possession with Occupation Certificate to the
Complainant.
c. That this Hon'ble Authority be pleased to direct the
Respondent to pay to the Complainants, mesne profits
amounting
to
Rs.40,625/-
per
month,
amounting
to
Rs.08,53,125/- for failing to hand over possession of the said unit

━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 35 of 64
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to the Complainants within time in respect of the Agreement to
Sell dated 31st December 2021, for the unit being 1901, 19th
floor, A wing, admeasuring 54.44 sq. mtrs equivalent to 586 sq.ft
carpet Area of the building "Ashoka Heights " situated at C.T.S
No. 635 & 637 (Part), at Nahur Gaon, Village- Nahur, taluka-
Kurla, Dist of Mumbai in terms of Section 12 and section 18 of
RERA Act, 2016, read along with Maharashtra RERA Rules,

2017. d. That this Hon'ble Authority be pleased to direct the
Respondent not to create third party rights in respect of unit
being 1901, 19th floor, A wing, admeasuring 54.44 sq. mtrs
equivalent to 586 sq.ft carpet Area of the building "Ashoka
Heights " situated at C.T.S No. 635 & 637 (Part), at Nahur
Gaon, Village- Nahur, taluka- Kurla, Dist of Mumbai until
payment and full realization of refund of the entire amount
sought for in prayer clauses (a) and (b) including stamp duty
registration, brokerage, taxes and/or any other expenses.
e. That this Hon'ble Tribunal be pleased to penalize the
Respondent as per section 60 of RERA Act for giving false
information as per section 4 of the Act.
f. That this Hon'ble Tribunal be pleased to order and direct the
Respondents to pay Rs. 10,00,000/- towards legal costs to the
Complainants.
g. Any further reliefs be kindly granted which this Hon’ble
Authority deem fit and proper in the facts and circumstances of
the case and for such further and other reliefs

4. The complaints at Sr. Nos. 1 to 33 except Sr. Nos. 30 & 33 were heard on 22.04.2025
and the complaints at Sr. No. 30 & 33 were heard on 08.05.2025 wherein the
following roznamas were recorded by this Authority:
Sr.
Nos.
here
in

COMPLAINT NOS
. /
DATE OF FILING
ROZNAMA REPRODUCED

1. CC006000000195789
29/01/2021
Heard the parties Sr. No. 48 -The complainant wishes to exit from that project and
seeks refund. Sr. No. 46 to 66: All parties wish to file written notes of argument.
Authority has given time till 21.05.2025 to file the same, matters will be reserved for
orders from 22.05.2025.

2. CC006000000197594
14/07/2021

3. CC006000000210118
21/02/2022

━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 36 of 64
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4. CC006000000375403
26/04/2023

5. CC006000000375408
26/04/2023

6. CC006000000375399
26/04/2023

7. CC006000000480079
14/04/2024

8. CC12500826
10/03/2025
Heard the parties All parties wish to file written notes of argument. Authority has
given time till 21.05.2025 to file the same, matters shall be reserved for orders from

22. 05.2025.

9. CC12500827
10/03/2025

10. CC12500830
10/03/2025
Heard the parties Sr. No. 48 -The complainant wishes to exit from that project and
seeks refund. Sr. No. 46 to 66: All parties wish to file written notes of argument.
Authority has given time till 21.05.2025 to file the same, matters will be reserved for
orders from 22.05.2025.

11. CC12500828
10/03/2025
Heard the parties All parties wish to file written notes of argument. Authority has
given time till 21.05.2025 to file the same, matters shall be reserved for orders from

22. 05.2025.

12. CC12500825
10/03/2025

13. CC12500819
10/03/2025

14. CC12500829
10/03/2025

15. CC12500823
10/03/2025

16. CC12500836
11/03/2025
Heard the parties Sr. No. 48 -The complainant wishes to exit from that project and
seeks refund. Sr. No. 46 to 66: All parties wish to file written notes of argument.
Authority has given time till 21.05.2025 to file the same, matters will be reserved for
orders from 22.05.2025.

17. CC12500844
11/03/2025

18. CC12500866
12/03/2025

19. CC12500857
12/03/2025

20. CC12500865
12/03/2025

21. CC12500891
13/03/2025

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Page 37 of 64
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22. CC12500885
13/03/2025
Heard the parties All parties wish to file written notes of argument. Authority has
given time till 21.05.2025 to file the same, matters shall be reserved for orders from

22. 05.2025.

23. CC12500896
15/03/2025
Heard the parties Sr. No. 48 -The complainant wishes to exit from that project and
seeks refund. Sr. No. 46 to 66: All parties wish to file written notes of argument.
Authority has given time till 21.05.2025 to file the same, matters will be reserved for
orders from 22.05.2025.

24. CC12500900
15/03/2025

25. CC12500905
15/03/2025

26. CC12500909
15/03/2025

27. CC12500918
16/03/2025
Heard the parties All parties wish to file written notes of argument. Authority has
given time till 21.05.2025 to file the same, matters shall be reserved for orders from

22. 05.2025.

28. CC12500915
16/03/2025
Heard the parties Sr. No. 48 -The complainant wishes to exit from that project and
seeks refund. Sr. No. 46 to 66: All parties wish to file written notes of argument.
Authority has given time till 21.05.2025 to file the same, matters will be reserved for
orders from 22.05.2025.

29. CC12500913
16/03/2025

30. CC12501048
28/03/2025
“Both parties are present. Parties informed that there are twenty-one matters which
have already been reserved for order post filing of the written arguments by

21. 05.2025. The parties pray that this matter, as well as another matter bearing

complaint no. CC12501295
be tagged with those twenty-one matters and be reserved
for orders with liberty to both parties to submit their written arguments by

21. 05.2025. Thus, the complaint bearing no. CC12501295 is not on board is taken on
board. Heard parties and both matters reserved for orders. The captioned complaint,
along with the complaint bearing no. CC12501295 reserved for orders, subsequent to

21. 05.2025.”

31. CC12501094
01/04/2025
Heard the parties All parties wish to file written notes of argument. Authority has
given time till 21.05.2025 to file the same, matters shall be reserved for orders from

22. 05.2025.

32. CC12501092
01/04/2025

33. CC12501295
19/04/2025
“Both parties are present. Parties informed that there are twenty-one matters which
have already been reserved for order post filing of the written arguments by

21. 05.2025. The parties pray that this matter, as well as another matter bearing

complaint no. CC12501295
be tagged with those twenty-one matters and be reserved
for orders with liberty to both parties to submit their written arguments by

21. 05.2025. Thus, the complaint bearing no. CC12501295 is not on board is taken on
board. Heard parties and both matters reserved for orders. The captioned complaint,
along with the complaint bearing no. CC12501295 reserved for orders, subsequent to

21. 05.2025.”

5. The brief facts of the complaints at Sr. No. 1 to 33 are as follows:

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Page 38 of 64
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SR.N
OS.

COMPLAINT NOS
. /
DATE OF FILING
FLAT NO.
/ WING
Date of
Receipt/B
F1/AFS2
DATE
OF
POSSE
SSION
TOTAL
CONSIDER
ATION
TOTAL
PAID
RELIEF
SOUGHT
IN BRIEF

1. CC006000000195789
29/01/2021
Flat no 502,
5th Floor, B
wing
Receipts -

23. 05.2016
Not
mention
ed
Not
mentioned
Rs.
23,75,426/-
(As per
receipts)
Directives
for
execution
of
agreement,
possession,
compensati
on.

2. CC006000000197594
14/07/2021
Flat No
1701, B
wing.
Booking
Form
dated

01. 09.2016
Not
mention
ed
Rs.
68,69,440/-
(As per
booking
form)
Rs.
17,78,400/-
(As per
receipts)
Refund
with
interest and
compensati
on.

3. CC006000000210118
21/02/2022
Flat No.
1503, A
Wing
AFS –

18. 01.2018
Not
provide
d
Not
provided
56,36,997/-
(excluding
taxes)
Refund of
booking
amount
with
interest,
loan
amount,
prepaid
EMI paid.

4. CC006000000375403
26/04/2023
Flat No 805
B wing
AFS –

25. 04.2017
(Clause
8)
Within
42
months
from the
date of
agreeme
nt i.e.

25. 10.20
20
Rs.
54,71,392/-
Rs.
52,20,710/-
(excluding
taxes)

Possession
with
interest and
compensati
on.

5. CC006000000375408
26/04/2023
Flat No 906
B wing
AFS –

31. 03.2017
(Clause
8)
Within
42
months
from the
date of
agreeme
nt i.e.
Rs.
83,20,000/-
Rs.
79,24,389/-
(excluding
taxes)
Possession
with
interest and
compensati
on.

1 BF – Booking Form
2 AFS-Agreement for sale

━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 39 of 64
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SR.N
OS.

COMPLAINT NOS
. /
DATE OF FILING
FLAT NO.
/ WING
Date of
Receipt/B
F1/AFS2
DATE
OF
POSSE
SSION
TOTAL
CONSIDER
ATION
TOTAL
PAID
RELIEF
SOUGHT
IN BRIEF

30. 09.20
20

6. CC006000000375399
26/04/2023
Flat No
1407 B
wing
AFS –

23. 12.2020
(Clause
16)

31. 12.20
21
Rs.
93,21,600/-
Rs.
88,56,918/-
(excluding
taxes)
Possession
with
interest and
compensati
on.

7. CC006000000480079

14/04/2024
Flat No
1101 B
wing
AFS-

07. 06.2022
(Clause
16) “As
mention
ed on
the
MahaRE
RA
Website
” i.e.

30. 12.20
22
Rs.
62,05,000/-
Rs.
58,93,646/-
(excluding
taxes)
Possession
with
interest and
compensati
on.

8. CC12500826
10/03/2025
Flat No
1104 B
wing
AFS –

07. 07.2018
(Clause
16)

31. 12.20
21
Rs.
87,88,258/-
Rs.
87,88,258/-
(excluding
taxes)
Possession
with
interest and
compensati
on.

9. CC12500827
10/03/2025
Flat No
1306 B
wing
AFS –

05. 02.2019
(Clause
16)

31. 12.20
21
Rs.
81,60,000/-
Rs.
80,03,864/-
(excluding
taxes)
Possession
with
interest and
compensati
on,
directives
to not
create third
party righs,
penalty on
promoter

10. CC12500830
10/03/2025
Flat No 806
B wing
AFS –

17. 08.2017
(Clause
16)

31. 12.20
21
Rs.
90,62,000/-
Rs.
88,82,954/-
Possession
with
interest and
compensati
on,
directives
to not
create third
party
rights,
penalty on

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Page 40 of 64
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SR.N
OS.

COMPLAINT NOS
. /
DATE OF FILING
FLAT NO.
/ WING
Date of
Receipt/B
F1/AFS2
DATE
OF
POSSE
SSION
TOTAL
CONSIDER
ATION
TOTAL
PAID
RELIEF
SOUGHT
IN BRIEF

promoter
u/s. 60

11. CC12500828
10/03/2025
Flat No
1204 B
wing
AFS –

29. 06.2017
(Clause
8)
Within
42
months
from the
date of
agreeme
nt i.e.

29. 12.20
20
Rs.
84,12,000/-
Rs.
81,87,190/-
(excluding
taxes)

12. CC12500825
10/03/2025
Flat No 405
B wing
AFS –

31. 03.2017
(Clause
8)
Within
42
months
from the
date of
agreeme
nt i.e.

30. 09.20
20
Rs.
60,19,200/-
Rs.
63,43,635/-
(excluding
taxes)
Possession
with
interest and
compensati
on,
directives
to not
create third
party
rights,
penalty on
promoter
u/s. 60

13. CC12500819
10/03/2025
Flat No
1404 B
wing
AFS –

25. 06.2018

31. 12.20
21
(clause
16)
Rs.
87,00,000/-
Rs.
87,69,425/-
(as per
receipts,
excluding
taxes)

14. CC12500829
10/03/2025
Flat No 501
A wing
AFS –

21. 09.2017

30. 06.20
22
(clause
16)
Rs.
84,73,000/-
Rs.
83,08,198/-

15. CC12500823
10/03/2025
Flat No
1301 A
wing
AFS-

28. 03.2022
(Clause
16) “As
mention
ed on
the
MahaRE
RA
Website
” i.e.
Rs.
94,16,850/-
Rs.
90,43,002/-
(excluding
taxes)

━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 41 of 64
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SR.N
OS.

COMPLAINT NOS
. /
DATE OF FILING
FLAT NO.
/ WING
Date of
Receipt/B
F1/AFS2
DATE
OF
POSSE
SSION
TOTAL
CONSIDER
ATION
TOTAL
PAID
RELIEF
SOUGHT
IN BRIEF

30. 12.20
22

16. CC12500836
11/03/2025
Flat No
2101 A
wing
AFS –

18. 02.2022
(Clause
16) “As
mention
ed on
the
MahaRE
RA
Website
” i.e.

30. 12.20
22
Rs.
63,44,800/-
Rs.
60,92,912/-

17. CC12500844
11/03/2025
Flat No
1002 B
wing
AFS –

30. 03.2017
(Clause
8)
Within
42
months
from the
date of
agreeme
nt i.e.

30. 09.20
20
Rs.
56,68,000/-
Rs.
55,56,908/-
(Excluding
taxes)
Possession
with
interest and
compensati
on,
directives
to not
create third
party
rights,
penalty on
promoter
u/s. 60

18. CC12500866
12/03/2025
Flat No
1007 B
wing
AFS –

06. 01.2017
(Clause
8)
Within
42
months
from the
date of
agreeme
nt i.e.

06. 07.20
20
Rs.
78,66,000/-
Rs.
77,36,075/-
(excluding
taxes)

Possession
with
interest and
compensati
on,
directives
to not
create third
party
rights,
penalty on
promoter
u/s. 60

19. CC12500857
12/03/2025
Flat No
1802 A
wing
AFS –

26. 08.2022
(Clause
16) “As
mention
ed on
the
Rs.
62,88,400/-
Rs.
60,38,770/-
(Excluding
taxes) (As
per

━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
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SR.N
OS.

COMPLAINT NOS
. /
DATE OF FILING
FLAT NO.
/ WING
Date of
Receipt/B
F1/AFS2
DATE
OF
POSSE
SSION
TOTAL
CONSIDER
ATION
TOTAL
PAID
RELIEF
SOUGHT
IN BRIEF

MahaRE
RA
Website
” i.e.

30. 12.20
22
supporting
documents)

20. CC12500865
12/03/2025
Flat No
1207 B
wing
AFS-

01. 12.2016
(Clause
8)
Within
36
months
from the
date of
agreeme
nt i.e.

01. 12.20
19
Rs.
90,67,080/-
Rs.
88,07,789/-
(excluding
taxes)

21. CC12500891
13/03/2025
Flat No 905
B wing
AFS –

04. 02.2017
(Clause
8)
Within
42
months
from the
date of
agreeme
nt i.e.

04. 08.20
20
Rs.
51,68,000/-

Rs.
50,59,694/-
(excluding
taxes)

22. CC12500885
13/03/2025
Flat No
1401 B
wing
AFS –

22. 08.2022
(Clause
16) “As
mention
ed on
the
MahaRE
RA
Website
” i.e.

30. 12.20
22
Rs.
61,60,000/-
Rs.
58,06,352/-
(excluding
taxes)

23. CC12500896
15/03/2025
Flat No 401
B wing
AFS -

23. 12.2016
(Clause
8)
Within
42
months
from the
Rs.
56,68,000/-
Rs.
55,56,341/-
(excluding
taxes)

━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
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SR.N
OS.

COMPLAINT NOS
. /
DATE OF FILING
FLAT NO.
/ WING
Date of
Receipt/B
F1/AFS2
DATE
OF
POSSE
SSION
TOTAL
CONSIDER
ATION
TOTAL
PAID
RELIEF
SOUGHT
IN BRIEF

date of
agreeme
nt i.e.

23. 06.20
20

24. CC12500900
15/03/2025
Flat No
1507 B
wing
AFS -

09. 11.2017
(clause
16)

30. 06.20
22
Rs.
93,48,000/-
Rs.
91,53,406/-
(Excluding
taxes)

25. CC12500905
15/03/2025
Flat No
1103 A
wing
AFS –

21. 07.2017
(Clause
8)
Within
42
months
from the
date of
agreeme
nt i.e.

21. 01.20
21
Rs.
53,20,000/-
Rs.
52,19,985/-
(excluding
taxes)

26. CC12500909
15/03/2025
Flat No 301
B wing
AFS -

04. 11.2016
(Clause
8)
within
36
months
from the
date of
agreeme
nt i.e.

04. 11.20
19
Rs.
57,89,600/-
Rs.
56,36,998/-
(excluding
taxes)

27. CC12500918
16/03/2025
Flat No
1803 A
Wing
AFS –

31. 12.2020

31. 12.20
21

Rs.
60,70,550/-
Rs.
59,49,747/-
(excluding
taxes)

28. CC12500915
16/03/2025
Flat No
1506 B
Wing
AFS –

30. 03.2017
(Clause
8)
Within
42
months
from the
date of
Rs.
91,78,400/-
Rs.
91,78,400/-
(excluding
taxes_

━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 44 of 64
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SR.N
OS.

COMPLAINT NOS
. /
DATE OF FILING
FLAT NO.
/ WING
Date of
Receipt/B
F1/AFS2
DATE
OF
POSSE
SSION
TOTAL
CONSIDER
ATION
TOTAL
PAID
RELIEF
SOUGHT
IN BRIEF

agreeme
nt i.e.

30. 09.20
20

29. CC12500913
16/03/2025
Flat no
2106 B
wing
AFS –

13. 10.2022
(Clause
16) “As
mention
ed on
the
MahaRE
RA
Website
” i.e.

30. 12.20
22
Rs.
96,80,000/-
Rs.
93,91,536/-

30. CC12501048
28/03/2025
Flat no 601
B wing
AFS –

10. 12.2020

31. 12.20
21
Rs.
61,60,000/-
Rs.
63,27,860/-
(As per
supporting
documents,
excluding
taxes)

31. CC12501094
01/04/2025
Flat no
1003 A
wing
AFS –

06. 06.2017
(Clause
8)
Within
42
months
from the
date of
agreeme
nt i.e.

31. 12.20
20
Rs.
53,20,000/-
Rs.
52,56,833/-
(excluding
taxes)

32. CC12501092
01/04/2025
Flat no
1002 A
wing
AFS –

06. 06.2017
(Clause
8)
Within
42
months
from the
date of
agreeme
nt i.e.

31. 12.20
20
Rs.
59,70,000/-
Rs.
58,44,742/-
(Excluding
taxes)

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SR.N
OS.

COMPLAINT NOS
. /
DATE OF FILING
FLAT NO.
/ WING
Date of
Receipt/B
F1/AFS2
DATE
OF
POSSE
SSION
TOTAL
CONSIDER
ATION
TOTAL
PAID
RELIEF
SOUGHT
IN BRIEF

33. CC12501295
19/04/2025
Flat no
1901 A
wing
AFS –

31. 03.2021

30. 06.20
22
(clause
16)
Rs.
93,40,000/-
Rs.
88,76,736/-
(excluding
taxes)

6. The brief submissions of the complainants at Sr. No. 1 to 33 are as follows:
SR.
NOS

COMPLAINT
NOS
. / DATE OF
FILING
SUBMISSIONS

1. CC00600000019578
9
29/01/2021

1. That the complainant is an allottee and the respondent no 1 is the promoter
and respondent no 2 to 4 are the partners of the partnership firm which is
respondent no 1.

2. That the complainant booked flat no 502 in B wing of the project for total
consideration of Rs. 53,20,000/-

3. That the complainant made a part payment of Rs. 23,75,426/- for which the
respondent has issued payment receipts.

4. That the respondents orally promised that the possession will be handed over
to the complainant by year 2019.

5. That the respondent has failed to perform and fulfil their promise.

6. That the complainant is ready to make payment of remaining balance of Rs.
29,44,574/-

7. That the complainant repeatedly requested via several emails and written
notices to issue allotment letter and schedule of payments however, the
respondent failed to revert and did not issue the same.

2. CC00600000019759
4
14/07/2021

1. That the complainant booked the subject flat for the total consideration of Rs.
68,89,440/- out of which the complainant has paid Rs. 17,78,400/-

2. That the respondent has not come forward to execute and register agreement
for sale despite several calls and messages.

3. That the complainant arranged a home load in July 2020 from ICICI bank, but
suddenly in December 2020, the promoter unilaterally cancelled the booking
without any prior communication.

4. That after various follow ups the respondent made payment of Rs. 8,98,372/-
via cheque and online transfer in six months.

5. That the respondent promoter did not respond to any of the followup after
that, and only issued a cancellation letter dated 06.07.2021 which falsely
mentioned that the cancellation was done upon a mutual agreement however,
the fact is that it was the respondent who failed to execute agreement.

6. That the respondent promoter violated section 13 and have defaulted in
fulfilling their obligation under the RERA Act.

7. The complainant prays for refund of remaining amount with interest.

3. CC00600000021011
8
21/02/2022

1. Vide a registered agreement the complainant booked a flat no 1503, A- wing
15th Floor in the project,

2. The agreement was pledged with HDFC Ltd, for the housing loan, however the
respondent raised demand letter for wrong flat number till 08.02.2020.

━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
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SR.
NOS

COMPLAINT
NOS
. / DATE OF
FILING
SUBMISSIONS

3. Upon enquiry the complainant got to know from one of the employees of the
respondent that flat no 1503 booked by the complainant was put as refugee area
without any written consent or intimation to the complainant.

4. That the complainant made follow up and inquired about the status of the
project several time before, during and after the Covid 19 pandemic however, Mr.
Milind Yadav (partner of the respondent firm) did not have any answer about the
status of the booked flat. Therefore, the complainant had no choice but to stop the
EMI from the HDFC housing loan account.

5. Thus, the complainant prays for refund, loan amount and EMI paid.

4. CC00600000037540
3
26/04/2023

1. That the complainant booked the subject flat and entered into a registered
agreement with the respondent promoter for the same.

2. That the respondent promoter agreed to deliver the possession of the subject
flat within 42 months from the date of agreement however has failed to deliver
the same.

3. The complainant prays that the respondent be directed to handover possession
of the flat with interest for delay and compensation.

5. CC00600000037540
8
26/04/2023

1. That the complainants booked the subject flat and entered into a registered
agreement with the respondent promoter for the same.

2. That the respondent promoter agreed to deliver the possession of the subject
flat within specified time agreed in the agreement, however has failed to deliver
the same.

3. That the respondent has received more than 90% of the consideration of the
subject flat from the complainant.

4. The complainants pray that the respondent be directed to handover possession
of the flat with interest for delay and compensation.

6. CC00600000037539
9
26/04/2023

7. CC00600000048007
9
14/04/2024

8. CC12500826
10/03/2025

9. CC12500827
10/03/2025

10. CC12500830
10/03/2025

11. CC12500828
10/03/2025

12. CC12500825
10/03/2025

13. CC12500819
10/03/2025

14. CC12500829
10/03/2025

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Page 47 of 64
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SR.
NOS

COMPLAINT
NOS
. / DATE OF
FILING
SUBMISSIONS

15. CC12500823
10/03/2025

16. CC12500836
11/03/2025

17. CC12500844
11/03/2025

18. CC12500866
12/03/2025

19. CC12500857
12/03/2025

20. CC12500865
12/03/2025

21. CC12500891
13/03/2025

22. CC12500885
13/03/2025

23. CC12500896
15/03/2025

24. CC12500900
15/03/2025

25. CC12500905
15/03/2025

26. CC12500909
15/03/2025

27. CC12500918
16/03/2025

28. CC12500915
16/03/2025

29. CC12500913
16/03/2025

30. CC12501048
28/03/2025

31. CC12501094
01/04/2025

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SR.
NOS

COMPLAINT
NOS
. / DATE OF
FILING
SUBMISSIONS

32. CC12501092
01/04/2025

33. CC12501295
19/04/2025

7. The common submissions of respondent are as follows:
A. That the complainants have not disclosed true material facts in their
complaints and therefore they are liable to be dismissed with compensatory
cost.
B. That the delay in completion of the project is due to following reasons:
i. Suspension of work due to Covid – 19 Pandemic
ii. Implementation of Real Estate (Regulation and Development) Act,

2016. iii. Implementation of GST : the GST policy was extremely complicated
and there was no clarification on the manner of its applicability on the
housing sector.
iv. Shortage of sand, cement & ready mix concrete.
v. Disruption due to flamingo issue delayed the project completion as
the competent authorities were not issuing necessary permission.
C. That the respondent had discussions with the allottees of the project
including the complainants in the captioned matters in year December 2023,
which was held for receiving consents for extension of timelines, the minutes
of which were circulated by the advocate of complainants vide letter dated

30. 01.2024 which is issued under the instructions of 69 allottees.
D. That the respondent replied to the aforesaid letter vide reply letter dated

07. 02.2024.
E. That the complainants along with other allottees have specifically agreed for
obtaining occupancy certificate by end of June, 2024 thereby permitting for
extension of completion period and thus the date of completion mentioned
in the agreement cannot be considered as it stands extended.

━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
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F. That recently on 29.03.2025, the allottees and the respondent had a meeting
in which certain issues were discussed and the respondent assured to
provide full occupancy certificate by November 2025.
G. That on the aforesaid grounds, the complaints have no standing under
section 31 as there is no violation or contravention of the provisions of the
Act.
H. That any reliefs if granted to the allottees shall cause grave injustice to the
respondent and completely derail the project and leave the respondent
bankrupt and the project will be halted.
I. That the complainants are not entitled to the interest on the amount paid by
them but on the amount yet to be received by the respondent promoter
towards consideration as per clause 16 of the agreement.
J. The relevant submissions of respondent in individual complaints at Sr. No.
01 & 02 are as follows:
Sr. No.
herein
Submissions of respondent

1. 1. That the reliefs claimed by the complainant are already settled
and an agreement for sale dated 05.10.2023 is already executed in
favour of the complainants.

2. That as per clause 16 of the agreement the date of possession is
the one mentioned on MahaRERA portal i.e. 29.12.2025.

3. Hence, the respondent is not liable for any interest or any other
amount as claimed by the complainant as there is no delay.

4. Therefore, the respondent prays that the complaint at Sr. No. 1
be disposed of and rejected.

2. 1. The respondent admits that they have sold the flat to the
complainant however, the respondent has already refunded the
entire principal amount to the complainant in tranches.

2. That the complainant has come with unclean hands and in
May, 2023 a confirmation has also been received from the
complainant stating that the complainant shall withdraw the
complaint.

3. That there are 218 flats in the project out of which 33 allottees
have filed complaints before the Authority and awarding interest
and/or compensation would impose a disproportionate and
substantial financial burden on the respondent which will impact
the financial viability of the project and potentially hal the
ongoing development.

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8. From the above facts and submissions mentioned herein the issue before this
Authority for adjudication is that whether the complainants at Sr. No. 1 to 33 are entitled
to seek reliefs under the said Act?

9. Before answering the issue framed hereinabove at para no. 9 herein, the following
observations are noteworthy:
Sr.
No.
herein
Observations of the Authority

1. 1. The complainant at Sr. No. 1 has not provided any documentation
which substantiates the averment that the total consideration for the
subject flat agreed between the parties is Rs. 53,20,000/- however has
provided receipts to the tune of Rs. 23,75,426/- issued by the
respondent promoter for payment made by the complainant towards
purchase of the subject flat.

2. The respondent submits that agreement is already executed between
the parties and as per the date mentioned in clause 16 of the agreement,
there is no delay on the part of the promoter as the promised date is
yet to arrive.

3. At the first instance, it is pertinent to note that there is no agreement
placed on record by the respondent to support his averment, further,
the respondent has not uploaded their replies on the MahaRERA
complaint portal online.

4. Further, the respondent has also not filed / uploaded affidavit of
service of the reply served to the complainant which raises a basic
question as to whether the complainant has knowledge of the
contentions filed by the respondent on record.

5. With respect to complaint at Sr. No. 02, the complainant avers that he
has received Rs. 8,98,372/- of the refund amount and the respondent
promoter has cancelled the booking vide cancellation letter dated

06. 07.2021. The complainant seeks refund of the remaining principal
amount paid with interest and compensation.

6. In this case at Sr. No. 02, the Authority finds that the parties have
already resolved their dispute and the respondent promoter has paid
part of the refund amount claimed by the complainant. At this
juncture, where remaining part of the refund amount is yet to be paid
by the respondent the complainant has approached the Authority
seeking directions to the promoter to refund the remaining amount
with interest. In this case there is no agreement between the parties,
however the complainant has filed proof of payment made towards

2. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
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booking of the subject flat and the booking form executed between the
parties.

7. The respondent avers that he has refunded all the amounts and the
complainant has also sent a letter confirming the same. However, it is
pertinent to note that the respondent promoter has neither uploaded
the reply on the complaint portal online, nor has he filed any affidavit
of service of reply served on the complainants.

8. It is imperative in any proceeding before a court of law that both the
parties serve their respective pleadings upon each other so that equal
opportunity granted by the court can be utilised by the parties to
present their case up to their complete satisfaction and all possible
aspects of the case according to the parties are argued and mentioned
before the Authority.

9. Primarily, the Authority observes that present situation would not
have arisen if the respondent would have followed the procedure to
be observed by the parties, prescribed in the rules, regulations of
MahaRERA and various circulars and orders issued by the Authority
from time to time.

10. As per Circular no. 27 dated 12.06.2020 and Circular no. 18 dated

17. 07.2018 issued by the Authority, the pleadings are supposed to be
filed online on the MahaRERA portal by both the parties in order for
the Authority to adjudicate the complaints as expeditiously as stated
in the Act. The very purpose of the online mechanism for hearing
complaints provided by the MahaRERA Authority is to rescue the
litigants from the hassles and lengthy procedures to be followed by the
parties in physical form of proceedings. As the instant proceedings
before the Authority are completely web based, the parties need to
upload their respective pleadings, replies, rejoinders, surrejoinders,
online in the complaint login on the MahaRERA portal, enabling both
of them to have instant access to the contentions of the opposite party
leaving the physical service of the pleadings unnecessary.

11. In the instant cases at Sr. No. 1 & 2 this does not appear to have
happened due to negligent approach of the respondent towards the
proceedings. The Authority expresses displeasure over this conduct of
the respondent and imposes a cost of Rs. 10,000/- on the respondent
for not taking in to account the seriousness of the proceedings before
the Authority. The cost shall be deposited with the Authority vide a
demand draft drawn in favour of Real Estate Regulatory Fund within
fifteen days from the date of this order.

12. In light of the above observations, the Authority is of the view that as
the facts of the cases at Sr. Nos. 1 & 2 are unclear as the pleadings of
the parties are not on record due to lackadaisical approach chosen by
the respondent. Thus, the respondent is directed to upload all the
replies and written submissions, the affidavit of service of reply in this
matter made to the complainants online in the MahaRERA complaint

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portal within 15 days from today, failing which the respondent
promoter shall be liable for penalty under section 63 of the Act.

3. The complainant claims that the promoter has not honoured his promise
in terms of the agreement to deliver the agreed flat till date and hence
seeks refund with interest. The complainant also submits that during the
conciliation process dated 12.01.2022 the dispute was settled and the
consent terms agreed between them were reduced in writing before the
conciliation forum which is reproduced hereunder for ease of reference:
“We are ready to help for Stamp duty / registration refund procedure. We are also
ready to refund his own contribution amount with interest whatever applicable,
according to interest SBI landing rate + 2% We shall co-ordinate with bank for
loan closure. We shall close this payment procedure in 3 months.
I agree with the above points of Mr. Yadav. Respondent also need to bear the loan
pre-payment amount interest.
Since both the parties are ready for amicable solution of the grievance the case
should be closed as settled.”

After perusal of the consent terms agreed by the parties in the conciliation
process, the Authority finds that the dispute is settled and the respondent
has agreed to refund the amount with interest for which the complainant
has approached the Authority. Hence, at the present stage, there is no
requirement of adjudication by the Authority. At the same time, the
Authority also finds it necessary to issue directives to the respondent to
comply with and honour the commitments made in the consent terms
within a reasonable time limit in order to achieve the objective of the
conciliation process in entirety and its fruits are realised.

4. The complainants have filed all the supporting documents in support of
his averments.

5. 6.

7. 1. The complainants have filed all the supporting documents in support
of his averments. The date of possession agreed between the parties is
mentioned in clause 16 of the agreement which states that “The
DEVELOPER/S shall give possession of the said proposed flat to the
PURCHASER/S herein as mentioned on the MahaRERA website by the
DEVELOPER/S.”

2. The date of execution of the agreement is 07.06.2022 and therefore the
date of completion mentioned on the MahaRERA website as on the date
of execution of agreement was 30.12.2022 and the same shall be rightly
considered as the agreed date for handover of possession of the subject
flat between the parties.

8. The complainants have filed all the supporting documents in support of
their averments.

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10. 1. The complainants have failed to file supporting documents pertaining
to the proof of payment made by them to the respondents towards
consideration of the subject flat.

2. The Registry, MahaRERA vide intimation dated 15.03.2025 informed
the complainant in the complaint login on the MahaRERA portal online
to upload relevant supporting documents pertaining to the payment
made. However, the complainant has failed to file the same on record of
the Authority despite intimation sent from the Registry of MahaRERA.

3. With respect to the complaint at Sr. No. 9 hereinabove the respondent
in their reply contends that the amount received by them towards cost of
the flat is Rs. 80,03,864/- and towards taxes – Rs. 4,32,046/- and Rs.
71,313/-. The same are considered while ascertaining the facts of the case
in table at para no 5 herein above.

4. With respect to complaint at Sr. No. 10 hereinabove, the respondent in
their reply contends that the amount received by them towards cost of the
flat is Rs. 88,92,954/- and towards taxes – Rs. 6,08,222/- and Rs. 89,758/-.
The same are considered while ascertaining the facts of the case in table at
para no 5 herein above.

11. 1. As per the supporting documents provided by the complainant Rs.
25,23,600/- appears to be paid by the complainant, however the
complainant claims to have paid Rs. 93,25,177/- as per complaint filed by
him. Supporting documents pertaining to remaining payment are not
filed on record by the complainant.

2. The respondent in their reply contends that the amount received by
them towards cost of the flat is Rs. 81,87,190/- and 4,87,896/- and 84,120/-
towards taxes and the same is considered while ascertaining the facts of
the case in table at para no 5 herein above.

12. The complainants have filed all the supporting documents in support of
their averments.

13. 14.

1. The complainants have failed to file supporting documents pertaining
to the proof of payment made by the complainants to the respondents
towards consideration of the subject flat.

2. The Registry, MahaRERA vide intimation dated 15.03.2025 informed
the complainant in the complaint login on the MahaRERA portal online
to upload relevant supporting documents pertaining to the payment
made. However, the complainant has failed to file the same on record of
the Authority despite intimation sent from the Registry, MahaRERA.

3. The complainant has provided supporting documents which reflect
payment of Rs. 23,85,896/- is received by the respondent promoter.
However, the complainant claims to have paid Rs. 91,94,388/- for which
supporting documents are not filed on record despite intimation sent from
the Registry, MahaRERA.

4. The respondent in their reply contends that the amount received by
them towards cost of the flat is Rs. 83,08,198/- and 4,07,279/- and Rs.

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59,176/- towards taxes and the same is considered while ascertaining the
facts of the case in table at para no 5 herein above.

15. 1. The complainants have failed to file supporting documents pertaining
to the proof of payment made by the complainants to the respondents
towards consideration of the subject flat.

2. The Registry, MahaRERA vide intimation dated 13.03.2025 informed
the complainant in the complaint login on the MahaRERA portal online
to upload relevant supporting documents pertaining to the payment
made. However, the complainant has failed to file the same on record of
the Authority despite intimation sent from the Registry, MahaRERA.

3. The complainant has provided supporting documents which reflect
payment of Rs. 8,86,288/- is received by the respondent promoter.
However, the complainant claims to have paid Rs. 1,01,49,826/- for which
supporting documents are not filed on record despite intimation sent from
the Registry, MahaRERA.

4. The respondent in their reply contend that the amount received by them
towards cost of the flat is Rs. 90,43,002/- and 4,56,717/- and Rs. 76,943/-
towards taxes and the same are considered while ascertaining the facts of
the case in table at para no 5 herein above.

16. 1. The complainants have failed to file supporting documents pertaining
to the proof of payment made by the complainants to the respondents
towards consideration of the subject flat.

2. The Registry, MahaRERA vide intimation dated 15.03.2025 informed
the complainant in the complaint login on the MahaRERA portal online
to upload relevant supporting documents pertaining to the payment
made. However, the complainant has failed to file the same on record of
the Authority despite intimation sent from the Registry, MahaRERA.

3. The complainant has provided supporting documents which reflect
payment of Rs. 7,30,000/- is received by the respondent promoter.
However, the complainant claims to have paid Rs. 64,00,635/- for which
supporting documents are not filed on record despite intimation sent from
the Registry, MahaRERA.

4. The respondent in their reply contends that the amount received by
them towards cost of the flat is Rs. 60,92,912/- and towards taxes – Rs.
3,07,723/- and Rs. 63,448/-. The same are considered while ascertaining
the facts of the case in table at para no 5 herein above.

17. 1. The complainants have failed to file supporting documents pertaining
to the proof of payment made by the complainants to the respondents
towards consideration of the subject flat.

2. The Registry, MahaRERA vide intimation dated 15.03.2025 informed
the complainant in the complaint login on the MahaRERA portal online
to upload relevant supporting documents pertaining to the payment
made. However, the complainant has failed to file the same on record of
the Authority despite intimation sent from the Registry, MahaRERA.

3. The complainant has provided supporting documents which reflect
payment of Rs. 17,00,400/- is received by the respondent promoter.

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However, the complainant claims to have paid Rs. 60,96,625/- for which
supporting documents are not filed on record despite intimation sent from
the Registry, MahaRERA.

4. The respondent in their reply contend that the amount received by them
towards cost of the flat is Rs. 55,56,908/- and towards taxes – Rs.
2,87,935/- and Rs. 17,004/-. The same are considered while ascertaining
the facts of the case in table at para no 5 herein above.

5. It is further observed that the complaint copy uploaded by the
complainant belongs to other complaint number CC12500830. However,
the averments put up by the complainant in the facts and grounds field in
the complaint login, corresponds with the facts found in the agreement
and thus the same are considered the averments made by the complainant
in this complaint. The Authority expresses displeasure over this
lackadaisical approach of the complainant in filing of the complaint.

18. 1. The complainants have failed to file supporting documents pertaining
to the proof of payment made by the complainants to the respondents
towards consideration of the subject flat.

2. The complainant has provided supporting documents which reflect
payment of Rs. 24,65,000/- is received by the respondent promoter.
However, the complainant claims to have paid Rs. 60,96,625/-for which
supporting documents are not filed on record.

3. The respondent in his submission avers that Rs. 77,36,075 is received by
them from the complainants towards cost of the flat and Rs. 2,80,661/- is
received towards taxes.

19. The complainant has filed all the supporting documents in support of his
averments.

20. 1. The complainant claims to have paid Rs. 88,95,205/- to the respondent
promoter towards purchase of the subject flat, however has failed to file
supporting documents pertaining to the proof of payment made by the
complainants to the respondents towards consideration of the subject flat.

2. The Registry, MahaRERA vide intimation dated 17.03.2025 informed
the complainant in the complaint login on the MahaRERA portal online
to upload relevant supporting documents pertaining to the payment
made. However, the complainant has failed to file the same on record of
the Authority despite intimation sent from the Registry, MahaRERA.

3. The respondent in their reply contends that the amount received by
them towards cost of the flat is Rs. 88,07,789/- and towards taxes – Rs.
4,51,540/- and Rs. 90,671/-. The same are considered while ascertaining
the facts of the case in table at para no 5 herein above.

21. The complainant has filed all the supporting documents in support of his
averments. The respondent avers that Rs. 50,59,694/- has been received
from the complainant towards consideration of the flat and the remaining
amount is received towards taxes and other charges which corresponds
with the supporting documents filed by the complainant and the same is
considered in the table at para no 5 herein.

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22. 1. The complainants have failed to file supporting documents pertaining
to the proof of payment made by the complainants to the respondents
towards consideration of the subject flat.

2. The Registry, MahaRERA vide intimation dated 17.03.2025 informed
the complainant in the complaint login on the MahaRERA portal online
to upload relevant supporting documents pertaining to the payment
made. However, the complainant has failed to file the same on record of
the Authority despite intimation sent from the Registry, MahaRERA.

3. The complainant has provided supporting documents which reflect
payment of Rs. 19,95,000/- is received by the respondent promoter.
However, the complainant claims to have paid Rs. 65,85,112/- for which
supporting documents are not filed on record despite intimation sent from
the Registry, MahaRERA.

4. The respondent in their reply contend that the amount received by them
towards cost of the flat is Rs. 58,06,352/- and Rs. 2,98,760/- towards GST
and Rs. 61,600/- towards TDS towards taxes and the same is considered
while ascertaining the facts of the case in table at para no 5 herein above.

23. 1. The complainants have failed to file supporting documents pertaining
to the proof of payment made by the complainants to the respondents
towards consideration of the subject flat.

2. The complainant has provided supporting documents which reflect
payment of Rs. 11,84,585/- is received by the respondent promoter.
However, the complainant claims to have paid Rs. 61,70,726/- for which
supporting documents are not filed on record.

3. Further, the respondent avers that he has received Rs. 55,56,341/-
towards consideration of the flat, Rs. 3,30,336/- and Rs. 50,195/- towards
taxes. The complainant has not contended the same and the same is
considered in the table at para no 5 hereinabove.

24. The complainant has filed all the supporting documents in support of his
averments.

25. 1. The complainants have failed to file supporting documents pertaining
to the proof of payment made by the complainants to the respondents
towards consideration of the subject flat.

2. The complainant has provided supporting documents which reflect
payment of Rs. 15,96,000/- is received by the respondent promoter.
However, the complainant claims to have paid Rs. 58,27,381/- for which
supporting documents are not filed on record.

3. The respondent in their reply contends that the amount received by
them towards cost of the flat is Rs. 52,19,985/- and towards taxes - Rs.
2,74,246/- and the same is considered while ascertaining the facts of the
case in table at para no 5 herein above.

26. The complainant has filed all the supporting documents in support of his
averments.

27. 1. The complainants have failed to file all supporting documents
pertaining to the proof of payment made by the complainants to the
respondents towards consideration of the subject flat.

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2. The Registry, MahaRERA vide intimation dated 19.03.2025 informed
the complainant in the complaint login on the MahaRERA portal online
to upload relevant supporting documents pertaining to the payment
made. However, the complainant has failed to file the same on record of
the Authority despite intimation sent from the Registry, MahaRERA.

3. The complainant has only provided supporting documents which
reflect payment of Rs. 6,07,055/- is received by the respondent promoter.
However, the complainant claims to have paid Rs. 65,04,434/- for which
supporting documents are not filed on record despite intimation sent from
the Registry, MahaRERA.

4. The respondent in their reply contends that the amount received by
them towards cost of the flat is Rs. 59,49,747/- and 4,01,971/- towards
taxes and the same is considered while ascertaining the facts of the case in
table at para no 5 herein above.

28. 1. The complainants have failed to file all supporting documents
pertaining to the proof of payment made by the complainants to the
respondents towards consideration of the subject flat.

2. The complainant has provided supporting documents which reflect
payment of Rs. 18,35,680/- is received by the respondent promoter.
However, the complainant claims to have paid Rs. 1,03,70,030/- for which
supporting documents are not filed on record.

3. The respondent in their reply contends that the amount received by
them towards cost of the flat is Rs. 91,78,400/- and towards taxes - Rs.
5,79,875/- and the same is considered while ascertaining the facts of the
case in table at para no 5 herein above.

29. 1. The complainants have failed to file supporting documents pertaining
to the proof of payment made by the complainants to the respondents
towards consideration of the subject flat.

2. The Registry, MahaRERA vide intimation dated 19.03.2025 informed
the complainant in the complaint login on the MahaRERA portal online
to upload relevant supporting documents pertaining to the payment
made. However, the complainant has failed to file the same on record of
the Authority despite intimation sent from the Registry, MahaRERA.

3. The complainant has provided supporting documents which reflect
payment of Rs. 9,91,250/- is received by the respondent promoter.
However, the complainant claims to have paid Rs. 1,05,83,556/- for which
supporting documents are not filed on record despite intimation sent from
the Registry, MahaRERA.
However, the respondent avers that they have received Rs. 93,91,536/-
towards consideration and Rs. 4,74,320/- towards taxes and the same is
considered and recorded in the table at para no 5 hereinabove.

30. The complainants have filed all the supporting documents in support of
their averments.

31. 32.

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33. 10.
Moving ahead to answer the issue framed at para No. 8 herein pertaining to reliefs
claimed by complainants at Sr. Nos. 4 to 33 under section 18 of the RERA Act on
account of delay in handover of possession. Upon perusal of section 18 the essentials
to seek relief under Section 18 are:
A.
Failure of promoter to give possession in accordance with the terms of the
contract between the Parties (such as Booking Form, Allotment Letter,
Agreement for Sale, etc.) and within the date specified in the contract between
the Parties;
B.
Inability of the Promoter to complete the said Project.

11. Further the provisions of section 18 are clear that if the promoter fails to handover
possession by the agreed date, the respondent shall be liable to pay interest to the
allottee and this provision does not provide for any waiver or disclaimer or exception
or force majeure event happening. It is an absolute provision. It is clear that remedy
under the Section 18 is available to the allottee only after the promised date of
possession/completion is expired and not before and hence to determine the issue at
hand it is paramount to examine the material placed on record to discover the date
of completion/date of possession as was agreed between the parties herein.

12. Further from the records it is observed that the said project is still not complete as no
occupancy certificate or completion certificate pertaining to the subject flat has not
been uploaded by the promoter-respondent on the MahaRERA said Project
registration webpage. Thus, there is a delay on part of the respondent regarding the
handover of possession of the subject flat to the complainant with occupancy
certificate in terms of the date of possession mentioned in the agreement.

13. The complainants at Sr. Nos. 4 to 33 have placed before the Authority respective
registered agreements pertaining to their subject flats. The date of possession of the

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subject flats agreed between the parties mentioned in the respective agreements is
tabulated herein below and the same shall be considered for calculation of interest
on account of delay caused.
Sr.
No.
herein
COMPLAINT NO.
&
DATE OF FILING
DATE OF AFS3
DATE OF
POSSESSION AS
PER AFS
INTEREST TO
BE PAID FROM
INTEREST TO BE
PAID TILL

4. CC006000000375403
26/04/2023
AFS – 25.04.2017
(Clause 8) Within 42
months from the date
of agreement i.e.

25. 10.2020

26. 10.2020
Date of actual
handover of
possession with
occupancy
certificate.

5. CC006000000375408
26/04/2023
AFS – 31.03.2017
(Clause 8) Within 42
months from the date
of agreement i.e.

30. 09.2020

01. 10.2020

6. CC006000000375399
26/04/2023
AFS – 23.12.2020
(Clause 16)

31. 12.2021

01. 01.2022

7. CC006000000480079

14/04/2024
AFS-07.06.2022
(Clause 16) “As
mentioned on the
MahaRERA Website”
i.e. 30.12.2022

01. 01.2023

8. CC12500826
10/03/2025
AFS – 07.07.2018
(Clause 16)

31. 12.2021

01. 01.2022

9. CC12500827
10/03/2025
AFS – 05.02.2019
(Clause 16)

31. 12.2021

01. 01.2022

10. CC12500830
10/03/2025
AFS – 17.08.2017
(Clause 16)

31. 12.2021

01. 01.2022

11. CC12500828
10/03/2025
AFS – 29.06.2017
(Clause 8) Within 42
months from the date
of agreement i.e.

29. 12.2020

30. 12.2020

12. CC12500825
10/03/2025
AFS – 31.03.2017
(Clause 8) Within 42
months from the date
of agreement i.e.

30. 09.2020

01. 10.2020

13. CC12500819
10/03/2025
AFS – 25.06.2018

31. 12.2021 (clause 16)

01. 01.2022

14. CC12500829
10/03/2025
AFS – 21.09.2017

30. 06.2022 (clause 16)

01. 07.2023

15. CC12500823
10/03/2025
AFS- 28.03.2022
(Clause 16) “As
mentioned on the
MahaRERA Website”
i.e. 30.12.2022

01. 01.2023

16. CC12500836
11/03/2025
AFS – 18.02.2022
(Clause 16) “As
mentioned on the
MahaRERA Website”
i.e. 30.12.2022

01. 01.2023

3 AFS-Agreement for sale

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Sr.
No.
herein
COMPLAINT NO.
&
DATE OF FILING
DATE OF AFS3
DATE OF
POSSESSION AS
PER AFS
INTEREST TO
BE PAID FROM
INTEREST TO BE
PAID TILL

17. CC12500844
11/03/2025
AFS – 30.03.2017
(Clause 8) Within 42
months from the date
of agreement i.e.

30. 09.2020

01. 10.2020

18. CC12500866
12/03/2025
AFS – 06.01.2017
(Clause 8) Within 42
months from the date
of agreement i.e.

06. 07.2020

07. 07.2020

19. CC12500857
12/03/2025
AFS – 26.08.2022
(Clause 16) “As
mentioned on the
MahaRERA Website”
i.e. 30.12.2022

31. 12.2022

20. CC12500865
12/03/2025
AFS- 01.12.2016
(Clause 8) Within 36
months from the date
of agreement i.e.

01. 12.2019

02. 12.2019

21. CC12500891
13/03/2025
AFS – 04.02.2017
(Clause 8) Within 42
months from the date
of agreement i.e.

04. 08.2020

05. 08.2020

22. CC12500885
13/03/2025
AFS – 22.08.2022
(Clause 16) “As
mentioned on the
MahaRERA Website”
i.e. 30.12.2022

31. 12.2022

23. CC12500896
15/03/2025
AFS - 23.12.2016
(Clause 8) Within 42
months from the date
of agreement i.e.

23. 06.2020

24. 06.2020

24. CC12500900
15/03/2025
AFS - 09.11.2017
(clause 16) 30.06.2022

01. 07.2022

25. CC12500905
15/03/2025
AFS – 21.07.2017
(Clause 8) Within 42
months from the date
of agreement i.e.

21. 01.2021

22. 01.2021

26. CC12500909
15/03/2025
AFS - 04.11.2016
(Clause 8) within 36
months from the date
of agreement i.e.

04. 11.2019

05. 11.2019

27. CC12500918
16/03/2025
AFS – 31.12.2020

31. 12.2021

01. 01.2022

28. CC12500915
16/03/2025
AFS – 30.03.2017
(Clause 8) Within 42
months from the date
of agreement i.e.

30. 09.2020

01. 10.2020

29. CC12500913
16/03/2025
AFS – 13.10.2022
(Clause 16) “As
mentioned on the
MahaRERA Website”
i.e. 30.12.2022

31. 12.2022

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Page 61 of 64
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Sr.
No.
herein
COMPLAINT NO.
&
DATE OF FILING
DATE OF AFS3
DATE OF
POSSESSION AS
PER AFS
INTEREST TO
BE PAID FROM
INTEREST TO BE
PAID TILL

30. CC12501048
28/03/2025
AFS – 10.12.2020

31. 12.2021

01. 01.2022

31. CC12501094
01/04/2025
AFS – 06.06.2017
(Clause 8) Within 42
months from the date
of agreement i.e.

31. 12.2020

01. 01.2021

32. CC12501092
01/04/2025
AFS – 06.06.2017
(Clause 8) Within 42
months from the date
of agreement i.e.

31. 12.2020

01. 01.2021

33. CC12501295
19/04/2025
AFS – 31.03.2021

30. 06.2022
(clause 16)

01. 07.2022

14. Further, it is pertinent to note here that the provisions of section 18 do not provide
for any waiver or disclaimer or exception. It is an absolute provision.

15. The respondent promoter in their reply filed before the Authority states that the
interest, if any, for the delayed period was to be paid on the residual amounts payable
by the complainant and not on the amounts paid by the complainant as per clause 8
& clause 16 of the agreement of the respective agreements. The relevant part of these
clauses of the agreement is reproduced herein for ease of reference.
“if the DEVELOPERS fails or neglects to give possession of the Flat to the PURCHASER/S
by within the aforementioned period, then the PURCHASER/S shall be entitled to demand
an interest @ 18% p.a. on the balance amount not received by the DEVELOPERS or the
amount received by the DEVELOPERS, whichever is lower and shall be calculated from the
date of expiry of the said stipulated period till the actual date of possession of the said proposed
Flat”

16. In order to examine the validity of this contention of the respondent, the Authority
shall once again moves its attention towards Section 18 of the Act and upon perusal
of the same, the Authority observes that section 18 (b) categorically states that the
interest shall be paid by the promoter on “the amount received by the him”. The Real
Estate (Regulation and Development), Act is a special legislation that regulates the
real estate sector and the provisions of the act are binding upon all the stakeholders.
Further, the Authority is of the view that the provisions of RERA which specifically

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and categorically affirm the rights of the allottee or any stakeholder have overriding
effect on the terms agreed with the parties which are inconsistent with the same.
Thus, the Authority finds that the interest shall be payable by the promoter on the
amount received by them from the respective complainants at Sr. No. 4 to 33.

17. Therefore, after considering the aforementioned observations, provisions of the Act,
facts of the case, submissions of the parties and the material placed on record, the
Authority hereby concludes that the respondent promoter has failed to handover
possession along with occupancy certificate by the dated of possession mentioned in
the agreement thereby causing considerable delay in completion of the said project
and as such the complainants at Sr. Nos. 4 to 33 are entitled to seek relief under
section 18 for possession along with interest on account of delay in handover of
possession, from the date as more specifically mentioned herein above in para no. 13
hereinabove. Thus, the issue framed at para No. 8 with regard to complaints at Sr.
Nos. 4 to 33 is answered in the affirmative.

18. With regard to the complainants at Sr. No. 4 to 33 claiming compensation for delay
in possession, financial strain arising out of rental expenses, etc., as the case may be,
the Authority hereby grants liberty to them to approach the Adjudicating Officer,
MahaRERA vide a fresh application for the limited purpose of determination and
computation of quantum of compensation.

19. With respect to the reliefs claimed by the complainants for imposition of penalty on
the respondent promoter u/s. 60 of the act, the Authority finds that the complainants
have failed to satisfy the authority and put forth any substance to grant such relief
and thus the same stands rejected.


FINAL ORDER

20. Therefore, after considering the aforementioned observations and provisions of the
Act, the materials placed on record, the facts of the case and submissions made by
the parties, the Authority passes the following order:

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A.
The respondent in Sr. No. 01 and 02 is directed to upload all the replies and
written submissions, the affidavit of service of reply made to the complainants,
online in the MahaRERA complaint portal, within fifteen days from the date of
this order, failing which the respondent promoter shall be liable for penalty
under section 63 of the Act. Subsequent to the filing of the above, the
complainant is at liberty to file written submissions, if any, within 7 days,
subsequent to which the complaint at Sr. Nos. 01 and 02 will be reserved for
orders from 09.06.2025.
B.
The complaint at Sr. No. 03 is disposed with the direction to the respondent-
promoter to comply with the consent terms dated 12.01.2022 and complete all
the commitments made therein within sixty days from the date of this order. In
case of non-compliance of the same the complainant is at liberty to approach
the Authority.
C. The complainants at Sr. No. 4 to 33 are entitled to claim interest for delay in
handover of possession on the total amount paid to the respondent (excluding
amounts paid towards taxes and other charges such as stamp duty, registration fees and
such other amounts paid to statutory authorities) from the date specifically
mentioned herein in the table at para no 13 in the column “INTEREST TO BE
PAID FROM” at the rate as prescribed under Rule 18 of the Maharashtra Real
Estate (Regulation and Development) (Registration of Real Estate Projects,
Registration of Real Estate Agents, Rate of Interest and Disclosures on Website) Rules
2017 till the date of actual handover of possession with occupancy certificate.
D. The total arrears of interest accrued, shall be set off /adjusted against any
outstanding dues required to be paid by the complainants towards the cost of
the subject flat in terms of the agreement if any, and the remaining amount shall
be paid by the respondent in two monthly instalments to the complainants
within sixty days from the date of this order. Further any interest accruing up
to the date of actual handover of possession subsequent to payment of above to
be paid in one instalment within thirty days of actual handover of possession
with occupancy certificate.

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E. With respect to complaints at Sr. Nos. 07, 15, 16, 19, 22, 29 & 33 the respondent
promoter is NOT entitled to claim the benefit of “moratorium period” as
mentioned in the Notifications / Orders Nos. 13, 14 and 21 MahaRERA as the
date of agreement in these matters are executed after the Covid-19 pandemic
and the timeline mentioned in these circular are not applicable in these cases
F. With respect to complaints at Sr. Nos. 04 to 06, 08 to 14, 17, 18, 20, 21, 23 to 28,
30 to 32 the respondent promoter is entitled to claim the benefit of “moratorium
period” as mentioned in the Notifications / Orders Nos. 13, 14 and 21
MahaRERA. The moratorium period shall be deducted from the total period for
which interest is payable.
G. The respondent is directed to deposit cost of Rs. 10,000/- within fifteen days
from the date of this order vide a demand draft drawn in favour of ‘Real Estate
Regulatory Fund’ for reasons more specifically mentioned in para 9, Sr 1 & 2.
H. The complainants at Sr. Nos. 04 to 33 are at liberty to approach the Adjudicating
Officer, MahaRERA vide a fresh application for the limited purpose of
determination and computation of quantum of compensation.
I. All other reliefs save and except what has been expressly granted herein in para
no 20. A to 20. H stand rejected.

Manoj Saunik
Chairperson, MahaRERA

MANOJ
SAUNIK
Digitally signed by
MANOJ SAUNIK
Date: 2025.05.29
17:11:52 +05'30'