━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 1 of 8
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━

BEFORE THE MAHARASHTRA
REAL ESTATE REGULATORY AUTHORITY, MUMBAI
Virtual Hearing held through video conference as per
MahaRERA Circular No.: 27/2020

1. COMPLAINT NO. CC006000000303225

ABHINAV MISHRA
…COMPLAINANT/S

A / W

2. COMPLAINT NO. CC006000000303580

1. PREETI KAMATH,

2. AMRITHA PREMANANDA KAMATH

3. SUMANA PREMANANDA KAMATH


…COMPLAINANT/S

VS

1. CCI PROJECTS PRIVATE LIMITED,

2. CABLE CORPORATION OFINDIA LIMITED

…RESPONDENT/S


MAHARERA PROJECT REGISTRATION NO. P51800003067

Order
September 04th, 2025
(Date of hearing – 26.05.2025 matter was reserved for order)


Coram: Manoj Saunik, Chairperson, MahaRERA

Advocate Avinash Pawar present for complainants.
Advocate Abir Patel present for respondent.

1. The complainants at Sr. No. 1 and 2 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 Act”) of Real Estate Regulatory Authority
(hereinafter referred to as the “RERA”) and the respondent no 1 is the promoter
within the meaning of Section 2 (zk) of the Act who has registered the project
namely “WINTERGREEN” under section 5 of the Act bearing
MAHARERA
Project Registration No. P51800003067
(hereinafter referred to as “the Project”).

2. On the MahaRERA Project registration webpage the proposed date of completion
is 31.12.2018, the revised date of completion is 31.12.2019 and the extended date

━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 2 of 8
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━

of completion is 30.12.2021. The project has received Part OC (Occupation
Certificate) dated 07.04.2021.

3. The complainants are seeking the following reliefs:

Sr.
No.
Complaint no. &
Date of filing
Relief sought

1. CC006000000303225 a) As per section 12 and 18(1) of RERA act, interest on
the payment made to the promoters from the date of
possession promised in the agreement for sale till the
actual possession along with occupation certificate.
b) Compensation under section 18 and 12 of RERA.
c) Compensation under section 14(3) for defect liability
for promoters’ failure to rectify the defects with 30 days
from date of intimation by the complainant.
d) order both the respondents to register respondent
no.2 as promoter in MAHARERA.
e) To direct both the respondent to abstain from creating
any third-party rights with regards to their assets other
than the project inventory, till the payment of dues of
the complainant under MAHARERA Order.
f) possession of the promised apartment with layout,
amenities and fixtures promised as per agreement for
sale and brochure.
g) Forensic audit of the project accounts to ascertain
violation of RERA -2016 and to ascertain project funds
diversion for taking suitable action accordingly against
the promoters.
h) order for registration of co-operative society as per sec
11(4)(e).
i) order to Respondent No.2 to provide an account of
monies received by him from Respondent No. 1 from the
said project and to remit the same back in account of
Respondent 1.
j) Order for not creating any third-party rights with
regards to any property including land owned by
respondents adjacent to project land till the completion
of the project and payment of dues to Allottees as per
MAHARERA orders or order to use the proceeds of any
such transaction for said purposes only.
k) Order for full payment of GST input credit and
penalty u/s 61 for default on the same by violation of sec
7 by engaging in fraudulent practices.
l) Order for costs
m) Any suitable order to meet the ends of justice and for
completion of the project under RERA-2016

━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 3 of 8
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━

2. CC006000000303580 a) As per section 12 and 18(1) of RERA act, interest on
the payment made to the promoters from the date of
possession promised in the agreement for sale till the
actual possession along with occupation certificate.
b) Compensation under section 18 and 12 of RERA.
c) order both the respondents to register respondent
no.2 as promoter in MAHARERA.
d) Order for full payment of GST input credit and
penalty u/s 61 for default on the same by violation of sec
7 by engaging in fraudulent practices.
e) Order for costs
f) Any suitable order to meet the ends of justice and for
completion of the project under RERA-2016.

4. The complaints were heard on 26.05.2025 wherein the following roznama was
recorded by this Authority:

Complaint no.
Roznama

CC006000000303225 “Both parties are present. Heard both parties at length. Parties
are at liberty to file their written notes of argument within one
week. Subsequent to which matters are reserved for order from

03. 06.2025.”
CC006000000303580

5. The brief facts of the cases are as follows:
Sr.
No.
Complaint No. / Date
of Filing
Wing /
flat no.
Date Of
AFS
Date of
possession
Total
Consideration
(INR)
Amount
Paid (INR)
Relief sought
1
CC006000000303225

03. 11.2022
Wing D –
flat no
4F, 4th
floor

14. 10.2013
December
2018
(Clause 17)
1,46,27,073
Rs.
8,67,999/-
Possession +
Interest +
Compensation
+ Amenities
2
CC006000000303580

05. 12.2022
Wing B –
Flat no
4B, 4th
floor

08. 06.2018

31. 12.2019
(Clause 8(i))
89,65,250
Rs.
76,20,462/-
Possession +
Interest +
Compensation

6. The submissions of the complainants are as follows:
Sr. No.
Submissions

1. A.
The respondent no. 1 is the promoter of the project and
respondent no. 2 is the owner of the project land. That vide
agreement dated 26.03.2009 executed between respondent no.
1 and 2, respondent no.1 is marketing, selling, and developing
the said project.

━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 4 of 8
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━

B.
The agreement for sale has two co-owners the complainant
himself and his mother Dr. Santradevi Mishra. However, the
mother of the complainant (Dr. Santradevi Mishra) vide gift
deed dated 05.07.2022 has gifted her share in the flat to the
complainant. Thus, the complainant is the sole owner of the
flat.
C.
The respondent no. 1 has under coercion taken signatures of
the complainant on the possession and inspection letter dated

10. 08.2022. However, despite repeated emails and follow ups
the complainant has not received possession due to
incomplete work of the flat as observed during the inspection.
D.
The respondent no. 1 has not formed association of allottees
as mentioned in the agreement for sale.
E.
The complainant has paid interest for delay in payment of
final consideration and the receipt with respect to the same is
issued by the respondent no. 1.
F.
Thus, the complainant seeks possession along with interest
for delayed possession, compensation and amenities
promised in the agreement for sale.

2. A.
The respondent no. 1 is the promoter of the project and
respondent no. 2 is the owner of the project land. That vide
agreement dated 26.03.2009 executed between respondent
no. 1 and 2, respondent no.1 is marketing, selling, and
developing the said project.
B.
The complainant has received possession of the flat on

27. 05.2021 after delay of 1 year and 5 months. Thus, the
respondent is liable to pay interest for delayed possession.
C.
The respondent no. 1 has not formed association of allottees
as mentioned in the agreement for sale.
D.
Thus, the complainant seeks possession along with interest
for delayed possession, compensation and amenities
promised in the agreement for sale.

7. The submissions of the respondent no. 1 is complaints at Sr. No. 1 and 2 are as
follows:
Sr. No.
Submissions

1. A.
There was delay in completion of the project due to mitigating
circumstances such as change of plans due to change in
development control regulations, the project financer pulled
from disbursing funds and covid 19 pandemic.
B.
The complainants were offered possession of the flat vide
letter dated 13.04.2021 subject to payment of the outstanding

━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 5 of 8
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━

dues. However, despite repeated demand letter issued to the
complainant he had failed to pay the balance consideration.
C.
A termination notice dated 20.07.2022 was issued to the
complainant by the respondent after which the complainant
paid the balance consideration on 05.08.2022 and has taken
possession of the flat vide possession letter dated 10.08.2022.
D.
The
complainant
has
signed
the
possession
letter
unconditionally with final settlement of all claims of the
complainant against the respondent promoter. Thus, the
complainant cannot raise claim for interest for delayed
possession.
E.
The project has received OC, and the complainant has filed
the captioned complaint after procurement of OC thus the
complaint is not maintainable under section 18 of the act.
F.
Thus, the respondent seeks that the captioned complaint be
dismissed.

2. A.
There was delay in completion of the project due to mitigating
circumstances such as change of plans due to change in
development control regulations, the project financer pulled
from disbursing funds and covid 19 pandemic.
B.
The complainants were offered possession of the flat vide
letter dated 13.04.2021 subject to payment of the outstanding
dues. However, despite repeated demand letter issued to the
complainant he had failed to pay the balance consideration.
C.
The complainant finally paid the balance consideration on

29. 04.2021 and has taken possession of the flat vide possession
letter dated 27.05.2021.
D.
The
complainant
has
signed
the
possession
letter
unconditionally with final settlement of all claims of the
complainant against the respondent promoter. Thus, the
complainant cannot raise claim for interest for delayed
possession.
E.
The project has received OC, and the complainant has filed
the captioned complaint after procurement of OC thus the
complaint is not maintainable under section 18 of the act.
Thus, the respondent seeks that the captioned complaint be
dismissed.

8. From the facts and submissions of the complainant the issue that needs to be
examined is whether the complainants are entitled to seek relief under the Act?

9. Before moving ahead to answer the issue framed hereinabove, the following
observations are noteworthy:

━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 6 of 8
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━

a. The promoter has obtained part occupancy certificate dated 07.04.2021 which
is applicable to the subject flats.
b. Both the captioned complaints have been filed at least after one year of receipt
of occupancy certificate.
c. The complainant at Sr. No. 1 seeks relief pertaining to the alleged defects in the
subject flat, however has not filed any supporting evidence to fully
substantiate the same. However, upon perusal of the records of
communication between the parties it is found that there is some sort of defect
apparent in the subject flat at Sr. No. 1.

10. Before delving into the merits of the case it is pertinent to note that while section
18 of the RERA does not spell out a limitation period, the section has an inbuilt
limitation as it does not provide for raising and addressing grievances which are
known today, in the future. Hence, the Authority is constrained to rule that any
grievance of delayed possession must be raised before the date of completion of
the project and not on any future date chosen by the allottees. Any grievance
raised later on account of delayed possession would clearly be estopped by
section 18 of the RERA. If this section was not self-limiting, no real estate project
or commercial deal would ever see a financial closure.

11. The spirit of this enactment is to bring finality and settlement in a time-bound
manner. In this complaint, the date of possession were December 2018 and
December 2019 for complaints at Sr. No. 1 & 2 respectively (as per the said
agreement for sale), however, the complainants kept silent and failed to take any
steps under provisions of section 18 of the RERA till the respondent completed
its statutory liability and obtained part occupancy certificate on 07.04.2021 and
also till the offer of possession of the said flat to the complainants.

12. Thus, a grievance that was waived by the complainants till the Part OC was
obtained for the subject flats and till offer of possession and even much later

━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 7 of 8
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━

cannot now be raised just to reap some benefits by relying upon the various
judgements passed by the MahaRERA. Moreover, each case has its own merits
and hence, the ratio held in those cases cannot be made applicable by citing some
portion of the orders. Hence, the complainants herein have waived their right to
file these complaints before the Part OC was received and offer of possession of
the said flat and thus, the violation of section 18 is not proved on the date of filing
of the complaints.

13. Hence, the MahaRERA is not inclined to grant any interest for the delayed
possession as sought for by the complainant under section 18 of the RERA.

14. The complainants ought to have approached this Authority immediately after
the lapse of date of promised date of possession as per Agreement for Sale and
before receiving Part OC.

15. As the complaints are filed after receipt of part Occupancy Certificate the same
are not maintainable in the light of the above observations. Thus, the issue at
paragraph no. 8 is answered in the negative.


FINAL ORDER

16. 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:
A.
The caption complaints are dismissed for reasons more specifically
mentioned hereinabove with the following directions.
B.
The respondent is directed to diligently attend to structural defects
complaints during the entire defect liability period of the project. The
complainants’ grievances in this regard shall be attended to by the
respondent within thirty days of this order and necessary rectification shall

━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 8 of 8
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━

also be carried out in accordance with the terms of the agreement for sale
and under the provisions of the act
C.
No order as to cost.

Manoj Saunik
Chairperson, MahaRERA


MANOJ
SAUNIK
Digitally signed by
MANOJ SAUNIK
Date: 2025.09.05
12:37:23 +05'30'