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BEFORE THE MAHARASHTRA

REAL ESTATE REGULATORY AUTHORITY, MUMBAI

Hearing held through hybrid mode as per MahaRERA Circular No.: 49/2025


COMPLAINT NO.: CC006000000292411


MAKARAND KRISHNA DESHPANDE …. ORIGINAL COMPLAINANT
Vs
GURUNATH GOMA PATIL … RESPONDENT


MAHARERA PROJECT REGISTRATION NO. P52000012017

Order
(order on Dismissal Application filed by Respondent)

30. 10.2025
(Date of Hearing: 21.08.2025)

Coram: Shri. Ravindra Deshpande, Member 2 MahaRERA

Complainant in- person
Adv. Sunil Kewalremani for the Respondent

1. The Respondent has filed present application for dismissal of complaint as
the complainant has not complied the Order dated 17.12.2024 passed by this
Authority.

2. Brief facts of the Application are as follows:
a. It is the contention of the Respondent that Authority vide Order dated

17. 12.2024 has directed the Complainant to upload the Complaint in
Form 'A'.
b. The Complainant has uploaded a deficient Form 'A' on the
MahaRERA Website on 10.06.2025 and failing to comply with the
Order. A concise statement of facts and grounds for complaint are not
mentioned in the said Form 'A'. Reliefs (s) claimed explaining the
grounds of relief(s) and the legal RERA provisions relied upon are not
mentioned in said Form 'A'. List of Enclosures relied upon by the
Complainant is not enclosed with the said Form 'A'. The Complainant,
for the 2nd time, has again not followed the MahaRERA Order dated

23. 10.2019 bearing Order No. 11, bearing Reference No. MahaRERA

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/Secy/Order/1046/2019 and having the subject as 'Further directions
w.r.t filing of complaints with MahaRERA'.
c. "l. When a complaint is being lodged to seek individual relief, the aggrieved
person must provide following details as part of the Complaint:
Building No./Wing No./ Flat No./Shop No./ Unit No.:
List names of all owners/ joint owners:
Total Consideration value (Rupees):
Money paid till date:
Date of allotment or booking:
Date of Agreement (if any):
Date of possession in the agreement (if any):
For a failure to do so, MahaRERA may treat the said complaint as not
maintainable.

d. It is contention of the Respondent that as per the aforesaid Clause No.
l, the Complainant ought to have filed the said Form 'A' with all the
necessary details, which he has admittedly failed to do so. It is further,
contention of the Respondent that the respondent had in the
application for framing preliminary issues raised the aforesaid
deficiencies of the Complaint and prayed for dismissal of the
Complaint. The Authority vide said Order dt. 17.12.2024 directed the
Complainant to upload the Complaint in Form 'A'.
e. It is contention of the Respondent that the Complainant has failed to
comply with the directions given in the said Order even after more
than 6 months have passed. Despite multiple opportunities provided
to the Complainant to file the Complaint in Form 'A', The complainant
has failed to do the same. Hence, the Respondent is praying that no
further chance may be given to the Complainant to file the Complaint
in a proper format.
f. It is further contention of the Respondent that the Complainant, after
filing this Application, will try to rectify his mistake by filing a proper
Form 'A', the same should not be accepted.

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g. The Respondent had filed the Application for framing preliminary
issue, raised the contention that there are non-joinder and misjoinder
of the necessary parties to the present complaint. In the said
Application, it was contention of the Respondent that the Authority
vide said Order directed the Complainant to amend the name of the
Respondent in the Complaint. The Complainant has filed a
Rectification Application dated 28.01.2025 and amended the name of
the Respondent to "Gurunath Balaram Patil" from "Gurunath Goma
Patil". The Complainant has uploaded Form A on 10.06.2025 and
mentioned name of respondent as "Gurunath Balaram Patil".
It is further contention of the respondent that the Agreement for Sell
dated 05.11.2018 was executed by and between M/s. Shubham
Builders & Developers, a Partnership Firm duly registered under the
provisions of the Indian Partnership Act, 1932 as the Promoters
therein and the Complainant herein as the Flat Purchasers / Buyer
therein.
ii) The complaint is filed against the Respondent seeking relief for the
damages caused due to Rainwater Leakage.
iii) The Complainant, for the 2nd time, has again committed Non-joinder and
misjoinder of the necessary parties to the present Complaint, by not
impleding M/s. Shubham Builders & Developers as Respondent to the
present Complaint.

3. Lastly the respondent has requested that as complainant failed to comply with
the direction as per the said Order dt. 17.12.2024 and failed to amend the name of
the Respondent. Hence, complaint be dismissed.

4. The complainant filed reply on 03.07.2025 and resisted the present application
contending that the application filed by the Respondents is illegal against the
provisions of law and is not tenable in the eyes of the law. Therefore, it deserves to
be rejected. It is contention of the Complainant that the Complaint has submitted
the Form A for Complaint and the Form b for “Claim of compensation” in
accordance with Section 31 of the Real Estate (Development and Regulation) Act

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2016 read with rule 6 and 7 of The Maharashtra Real Estate (Regulation &
Development) (Recovery of Interest, Penalty, Compensation, fine Payable, Forms of
Complaints and Appeal etc.) Rules, 2017 and the Regulations, Orders and Circular
made thereunder.

5. It is contention of the Complainant that the online form i.e. Citizen
Complaint Form A/B is consists of both Form A and Form B which is
required to be filled to raise an online complaint and make Claim for
compensation respectively and same online Form A/B has been duly filed
by me, this suffice the physical submission of manual Form A and Form B.
The Complainant submitted that he has filled a manual form.

6. It is contention of the Complainant that he has filled in the mandatory details
of Complaint which are required by him, as without the said information the
Complaint Form cannot proceed further.

7. The Complainant further submits that once the complaint is filed online by
the complainant, the Registry of the authority will examine the complaint
filed online and will scrutinize the complaint. Further submitted that if the
registry finds that the complaint filed does not comply with the checklist as
annexed, the registry will inform the complainant the same and get the
objections removed. Once the objections are removed by the complainant, the
registry shall assign the complaint to the bench concerned of the authority.

8. The complaint details will be displayed in the respondent's project
registration dashboard once complaint has been assigned to the authority's
bench. Further, the Complainant is requested to consider my plea as most of
the required information has been filled in or uploaded with Complaint Form
and Complaint Form has been examined by the Registry of authority and
assigned concern bench of authority.

9. Further, MahaRERA has automated the process of filing the process of Form
A/B where project details and promoter details are automatically fetched.
Therefore, question of wrong filling of form does not arise when
online form has been submitted.

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10. The Complainant submitted that he has bought the said flat i.e. E/103
Shubham Jijai Complex, Survey No. 67/4, Ghot Village, the Said project has
been developed by the Shubham Builders and Developers.

11. It is contention of the Complainant that the Respondent has not submitted
its reply within the time allowed for respondent by 26.06.2025. The
complainant being layman and the Complainant has spent his lifetime saving
in the apartment which has been purchased from M/s Shubham builders
and Developer.

12. I have gone through the record and proceeding. It is seen that the
complainant has uploaded form A on 28.01.2025 and the name of the
respondent is mentioned as Gurunath Balaram Patil, partner of Shubham
Builders and Developers. I have gone through the order dt. 17.12.2024, in
which the direction was given to the complainant to upload in form A and
amend the name of respondent from the complaint.

13. The complainant after 17.12.2024, uploaded Form A on MahaRERA website.
In my considered opinion, the point raised by the respondent in this
application regarding non-joinder and mis-joinder of the parties required to
be considered at the time of final hearing and if there is any lacuna while
uploading the complaint, the same is required and considered and required
to be decided at the time of final hearing. In my opinion, the application
uploaded by the respondent for dismissal of the present complaint at this
stage required to be rejected. Hence, I pass following order:
O R D E R

1. The application is rejected.

2. Cost in cause.


Ravindra Deshpande
Member2, MahaRERA
Date : 30.10.2025

RAVINDRA
PADMAKARAO
DESHPANDE
Digitally signed by
RAVINDRA PADMAKARAO
DESHPANDE
Date: 2025.10.30 13:22:48
+05'30'