Comp. No. CC006000000303106

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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

Complaint No. CC006000000303106

VIVEK K. SHINDE
...COMPLAINANT/S

Versus

M/S NEW ROYAL CONSTRUCTION CO.
... RESPONDENT/S

MahaRERA Project Registration No. P51700008912

Order

17. 10.2024
(Date of Hearing: 01.08.2024)

Coram: Shri. Ravindra Deshpande, Member 2 MahaRERA

Ld. Adv. R. P. Mudholkar for the Complainant/s
Absent for the Respondent/s

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

2. According to the Complainant, the Respondent has mentioned 66.95
square meter i.e. 720 square feet carpet area of suit flat on MahaRERA
website. However, the carpet area mentioned in the complainant’s
agreement is 80.93 square meter i.e. 870 square feet. Therefore, there is a
difference of 150 square feet carpet area, and the Complainant is getting
150 square feet less area than agreed area, this fact is required to be
considered. This fact is required to be added after paragraph no. 4.4 in
the complaint as paragraph no. 4.4(a) and following prayer clause be
added as (A1) of the relief clause. “(A1) The opposite party be directed to

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pay difference as per agreement value per square feet to Complainant for
providing 150 square feet carpet area less than agreed area as per
agreement”. The amendment is necessary for determining grievance of
complaint fully and finally.

3. The other side has filed a reply, Respondent submitted that the present
complaint is about a delay in handling over the possession of the subject
flat. Therefore, an amendment is pre-mature in as much as until the lesser
area given to the Complainant. The amended complaint would still not
be maintainable. Only on non-receipt of the agreed area the complainant
would have grievance against the Respondent for being offered or put in
possession of the lesser area. Therefore, there is no cause of action today
in favour of the complainant to seek amendment. Also, there has not been
any dispute so far that the opponent party would be providing lesser area
than the area mentioned in the Agreement. It is pertinent to note that the
building in which the said flat is situated is an ongoing project and its
construction commenced prior to coming into effect of Maharashtra Real
Estate (Regulation and Development) (Registration of Real Estate
projects, Registration of Real Estate Agents, Rates of interest and
Disclosure on website) Rules, 2017. The same is in accordance with the
plans sanctioned by the Thane Municipal Corporation and accordingly,
the area mentioned in the plans were stated in the Agreement. The said
Rules requires to state the area of the Flat as per the enactment which is
accordingly stated on the portal of MahaRERA. The Respondent has
agreed to deliver the possession of the subject flat of the area mentioned
in the agreement and will deliver the same on payment of balance
consideration. The rights of the parties are not governed by the
disclosures on the website but by the Agreement entered into by them.

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The disclosure by the Respondent is in accordance with section 4(2)(h) of
the Real Estate (Regulation and development) Act, 2016 read with Rule
4(3)(a) of the said rules. Therefore, amendment sought by the
complainant in the interim application is liable to be rejected with cost.

4. The Advocate of the Complainant submitted that, in reply submitted by
the Respondent, the Respondent has agreed to deliver the possession of
the subject flat as per the area mentioned in the agreement on the
payment of balance consideration by the Complainant. The Advocate of
the Complainant also submitted that the carpet area in agreement is
mentioned as 870 square feet and the Carpet area mentioned by the
Respondent on MahaRERA website is 720 square feet. Therefore, there is
difference of 150 square feet carpet area and complainant is getting 150
square feet less area than the agreed area in the agreement. The
Complainant is seeking an amendment in the prayer to get compensation
for less area, if respondent does not provide carpet area promised in the
agreement.

5. Heard the advocates appearing on behalf of the complainant. None
present for the respondent. I have gone through the complaint and
relevant prayer clauses of the same. It is seen that the complainant has
requested to direct the respondent to handover possession of the suit Flat
no.503, 5th floor, building B, Royal Heights, Kopri, Thane (East) having
carpet area of 870 sq. Ft. He also requested to direct the respondent to pay
to the complainant, interest on the amount paid by the complainant to the
respondent from the date of payment till handing over of possession of
the suit flat to the complainant and other prayers as mentioned in the
relief clause of the complaint.

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6. It is the contention of the complainant, that in the present application the
carpet area in the agreement for sale of flat, in question mentioned as 870
sq. Ft. and carpet area mentioned by the respondent on MahaRERA
website 720 sq. Ft. and therefore, it shows that the complainant likely to
get 150 sq. Ft less area than the agreed area in the agreement for sale.
Therefore, considering the above fact, the complainant required to
amend the complaint and to plead that respondent may be directed to
pay difference as per the agreement value per sq. Ft. to the complainant
for providing 150 sq. Ft. area less than agreed as per agreement for sale.

7. The respondent uploaded reply and contended that respondent has
agreed to deliver possession of the suit flat of the area mentioned in the
agreement for sale and will deliver the same on payment of balance
consideration. It is also contended by the respondent that rights of the
partis are not governed by discloser on the website but by the agreement
entered into by them. The reply of the respondent clearly shows that
respondent will deliver the possession of the suit flat of the area
mentioned in the agreement on payment of balance consideration. I have
stated above that the complainant has filed present complaint for the
delay in handing over of possession of the suit flat, possession of the suit
flat not handed over to the complainant and as respondent has
mentioned less area of 150 sq. Ft., on the portal of MahaRERA of subject
suit flat, the complainant filed present application for amendment in the
complaint claiming compensation for 150 sq. Ft. area as respondent has
mentioned less area of 150 sq. Ft. on the portal of MahaRERA.

8. It is seen that the respondent in reply clearly mentioned that he agreed to
deliver the possession of the suit flat of the area mentioned in the
agreement for sale and will deliver the same on payment of balance

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consideration. The complainant has not yet received possession of the
flat in question and therefore, filed present complaint for giving
direction to the respondent to handover possession of the flat in question
to him. Then, in my opinion, unless and until the possession of the flat in
question handed over to the complainant by the respondent at this stage,
considering the reply of the respondent it cannot be said that respondent
is going to handover possession of the flat in question having less area of
150 sq. Ft. Hence, in my opinion, the present application for amendment
in the complaint is pre-mature. Hence, the same cannot be allowed at
this stage. Hence, application deserves to be rejected. Hence, I pass
following order.

O R D E R

1. The application is rejected.

2. No order as to costs.


(Ravindra Deshpande)
Member-2, MahaRERA
Date : 17.10.2024


RAVINDRA
PADMAKARAO
DESHPANDE
Digitally signed by
RAVINDRA PADMAKARAO
DESHPANDE
Date: 2024.10.17 16:27:03
+05'30'