Complaint No. CC006000000251406


BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY,
MUMBAI
Hearing held through Hybrid mode as per MahaRERA Circular No.: 48/2025


Complaint No. CC006000000251406


DILIPKUMAR AHUJA


COMPLAINANT

Versus

SHREE GANESH ENTERPRISES
RESPONDENT


MahaRERA Project registration No. P51800013355

INTERIM ORDER
On the application of the Application

16. 09.2025
(Date of Hearing: 28/08/2025)

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

Adv. Vinay Ansurkar for Complainant
Adv. Bhanu Chopra for Respondent

The Complaint has filed the present amendment application to implead Smt.
Lata Ahuja as Complainant No. 2.

In Short facts of the application are as follows:

1. ​ It is contention of the complainant that the respondent has failed to give
possession of the office bearing No. 101 of carpet area admeasuring 892 sq. ft
purchased by the respondent in the project ‘Central Park’ situated at
Chembur.

2. ​ It is submitted that the respondent has failed to handover the possession of
the said commercial office on or before 31.12.2019, and the Extended date of
completion of the project is 31.12.2025 as per the MahaRERA website and

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Complaint No. CC006000000251406


Occupation Certificate is yet to be received by the respondent. The
complainants have submitted that the complainant seeks relief of possession
along with interest under section 18 (1) of the RERA. The Complainant also
seek compensation under section 18 (2) of the RERA.

3. ​ The respondent has not uploaded the reply on the last date of hearing i.e
dated 09/07/2025 both the parties are directed to upload the Written
arguments regarding the amendment application.

4. ​ The Applicant has uploaded the Written arguments, the respondent has not
uploaded the Written arguments the complainant relied upon the

JUDGMENT


Lucknow Development Authority vs. Neerja Gupta & Anr., wherein reported in
2022 SCC online UP RERA 135, U P Real Estate Appellate Tribunal in para no
5 therein held at if the allotment is in favour of more than one person and if
complaint is filed by only one allottee then this complaint will not be hit/
barred by non- joinder of the parties.

5. ​ It is contention of the complainant that inadvertently the name of Smt. Lata
Ahuja not mentioned in the complaint and the same is Bonafide here.

6. ​ The Advocate of the respondent opposed the application and submitted in
rejoinder, the original complainant stated that Smt. Lata Ahuja is not required
to be impleaded as a complainant in this complaint and hence requested for
the rejection of the application.

It is submitted on behalf of complainants, if the application is not allowed and
name of Smt. Lata Ahuja is not impleaded as a complainant, then the
complainant would suffer a great hardship, injury, injustice and irreparable
loss since they would not get a fair opportunity, to place all the correct and
true facts on record. Hence complainant has requested to the authority to
allow amendment application.

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Complaint No. CC006000000251406

7. ​ It is seen that, impleadment of the joint owner (Smt. Lata Ahuja) is necessary
for complete and effective adjudication of the dispute, as she is an equal
holder in the said property.

8. ​ In my considered opinion, due to proposed amendment the nature of the

complaint not
going to be changed. Moreover, in order to adjudicate the
complaint properly at once and to avoid the multiplicity of the litigation, it is
just and necessary to allow the amendment application and to permit the
Complainant to amend the complaint. Hence, in my considered opinion, the
present application deserves to be allowed. Hence, I pass the following order:

O R D E R

1. ​ The Application is allowed.

2. ​ The Complainant is allowed to amend the complaint within four corners
of the Application.

3. ​ The Complainant is directed to upload the amended complaint on the
MahaRERA website within 7 days from this order.

​
​
​


Ravindra Deshpande
Member -II -MahaRERA
Date: 16.09.2025​

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RAVINDRA
PADMAKARAO
DESHPANDE
Digitally signed by RAVINDRA
PADMAKARAO DESHPANDE
Date: 2025.09.16 17:29:01
+05'30'