Complaint No. CC006000000333812


BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY,
MUMBAI
Hearing in Hybrid mode as per MahaRERA
Circular No 49/2025

Complaint No. CC006000000333812


Mr. Bhupesh Rajendra Mittal
...Complainant

Vs

Man Realty Limited
...Respondent


MahaRERA Project Registration No. P51900007380


O R D E R
on Amendment Application
(17.03.2026)
(Date of Hearing: 17.03.2026)

Coram: Shri. Ravindra Deshpande, Member-II, MahaRERA

Adv. Divya Gupta for
Complainant
Adv Kartik Joshi for Respondent
No 2
None for Respondent 1

1. ​ The complainant has filed the present application on MahaRERA website on

19. 03.2025 for seeking amendment in the complaint by impleading M/s.
Purva Oak Private Limited as Respondent No.2/Promoter in place of or in
addition to the existing Respondent.

2. ​ In short, the facts of the application are as follows:

3. ​ It is submitted by the complainant that the present Application is filed by the
complainant seeking amendment of the Complaint to implead M/s. Purva
Oak Private Limited as Respondent/ Promoter in place of or in addition to
the existing Respondent.

4. ​ Further the Complainant has submitted that The Complainant has filed the
present application impleading the Respondent Purva Oak Private Limited as
Promoter of the Project.
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Complaint No. CC006000000333812

5. ​ The Complainant states that, during the pendency of the proceeding, M/s.
Purva Oak Private Limited, having it’s registered office at 130/2, Ulsoor Road,
Bengaluru, Karnataka, India-560042, had filed appropriate Application under
section 5 of the Real Estate (Regulation & Development) Act, 2016, (“RERA
Act”) as required to take over the Project no. P51700013016 from the
Respondent abovenamed.

6. ​ It is contented by the Complainant that during the pendency of the
proceedings before RERA, the new Promoter has taken over the said project
from erstwhile developers through settlement proceedings and subsequent
order under NCLT and SARFAESI Act.

7. ​ The Complainant states that subsequently on 13/08/2024, the Hon’ble
MahaRERA had issued the Registration Certificate of Project in form “C” in
favour M/s. Purva Oak Private Limited as promoter in the project no.
P51700013016. Accordingly, Hereto annexed and marked and marked as
Exhibit-“A” is Copy of the Certificate dated 13/08/2024 issued by
MahaRERA Authority in this Amendment Application.

8. ​ The Complainant further states that M/s. Purva Oak Private Limited has been
now appointed as a promoter within the meaning of section 2 (zk) of the
RERA Act, 2016, after registration of the subject project under section 5 of the
Act.

9. ​ The Respondent has filed its reply opposing the amendment application
dated 24.04.2026. It is submitted that the present Affidavit in Reply is being
filed in response to the captioned Miscellaneous Application dated 19th
March 2025 (“said Application”) filed by the Complainant seeking to implead
Purva Oak Pvt Ltd named in the said Application as proposed Respondent
No. 2 to the captioned Complaint.

10. ​At the very outset, the Respondent submits that the said Application ought
not be entertained on any count whatsoever, since the proposed Respondent
No. 2 was never privy to the transactions and dealings between the
Complainant and the Respondent No. 1. The proposed Respondent No. 2 is a
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Complaint No. CC006000000333812


stranger to the contract between the Complainant and the Respondent. 1 and
therefore cannot be bound by the terms of such contract. This position of law
has already been settled in the case of Shiva Dayal Kapoor & Ors. vs Union of
India & Anr. by the Hon’ble Supreme Court of India, a copy whereof is
mentioned as Exhibit A in the Amendment application.

11. ​The proposed Respondent No. 2 has taken over the subject Project under the
provisions of Securitization and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2022 vide sale certificate dated 7th June

2024. The Index II of above sale certificate is mentioned as Exhibit B.

12. ​Further, the Respondent No. 2 made an application to the Authority for
change of promoter under Section 15 of the Real Estate (Regulation and
Development) Act, 2016 (“RERA”). The Authority vide order dated 13th
August, 2024 approved the same.

13. ​The Respondent states that in terms of clause 3 (a) (vi) of the Project
Management Agreement dated 12th July, 2024 (“said Agreement”) executed
between the Respondent No. 1 and the proposed Respondent No. 2, the
parties had mutually agreed that the Respondent No. 1 shall be solely
responsible for any claims of allottees like the Complainant.

14. ​Without prejudice to the above, the Respondent states that Respondent No. 2
has entered the subject project only in 2024. It cannot be impleaded to a
Complaint where the cause of action arose against a separate party i.e.
Respondent No. 1, that too long before the proposed Respondent No. 2 was
even in the picture. The personal injury, if any, caused to the Complainant was
by Respondent No. 1 and the proposed Respondent No. 2 had no interactions
whatsoever with the’ Complainant.

15. ​Further the Respondent submits that there is No payment has been made to
the proposed Respondent No. 2 by the Complainant. The proposed
Respondent No. 2 therefore cannot be liable to refund these monies. A
co-ordinate bench of this court, in the case of Allwyn Cyril Dcosta & Ors. vs
Mount Mary Builders & Ors., has held that the party that has taken the
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Complaint No. CC006000000333812


monies is responsible for refunding the same, even though it is not a promoter
of the project, and a copy of this

JUDGMENT

is marked as Exhibit Complainant
in the affidavit in reply.

16. ​To implead the proposed Respondent No. 2, the Complainant needs to first
show what is the cause of action has arisen against the Respondent No. 2 and
which provision of the RERA has it violated for a claim to be made against it.
The requirements of section 31 of the RERA will not be met if this complaint is
pursued against the proposed Respondent No. 2.

17. ​Further the Respondent submitted that the Complainant seeks to implead the
proposed Respondent No. 2 solely on the grounds that it is now the Promoter
of the subject Project. The Respondent states that section 15 of the RERA does
not contemplate fastening liabilities on the incoming promoter on account of
personal injuries caused by the erstwhile promoter.

18. ​The Respondent further submits that in any event, if the said Application is
perused, there is no reason given why the complaint is required to be
amended and the necessity to is make the proposed Respondent No. 2 a party.
The said Application silent on how the claim can be pressed upon the
proposed Respondent No. 2. It doesn't explain why the proposed Respondent
No. 2 is a proper and necessary party. No case is made out for amendment of
the
complaint nor
impleadment of the proposed Respondent No. 2.

19. ​The Respondent submits that the Complainant has failed to produce any
evidence to show that the sale of the subject Flat was made by the proposed
Respondent No. 2. Moreover, no document in writing has been produced to
show any agreement between the Complainant and the proposed Respondent
No. 2 or any moines having been paid to it in respect of the subject Flat.

20. ​ The Complainant has filed the Written Arguments on the Amendment
Application on MahaRERA website on 21.07.2025. and submitted that in
terms of Section 15 of the RERA Act, specifically sub-section (2), which
mandates that:
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Complaint No. CC006000000333812


Sec 15(2): Obligations of promoter in case of transfer of a real estate project
to a third party.
On the transfer or assignment being permitted by the allottees and the Authority
under sub-section (1), the intending promoter shall be required to independently
comply with all the pending obligations under the provisions of this Act or the rules
and regulations made thereunder, and the pending obligations as per the agreement
for sale entered into by the erstwhile promoter with the allottees:
Provided that any transfer or assignment permitted under provisions of this section
shall not result in extension of time to the intending promoter to complete the real
estate project and he shall be required to comply with all the pending obligations of the
erstwhile promoter, and in case of default, such intending promoter shall be liable to
the consequences of breach or delay, as the case may be, as provided under this Act or
the rules and regulations made thereunder.

21. ​ Further it is respectfully submitted that the aforesaid statutory provision
under Section 15 of the RERA Act unequivocally imposes an independent and
continuing obligation upon the intending promoter, M/s. Purva Oak Private
Limited, to fulfil all pending obligations of the erstwhile promoter, thereby
rendering it fully liable for all acts, omissions, and liabilities arising from the
project.

22. ​It is further concluded that the proposed promoter cannot evade or deny its
obligations and liabilities on the ground that it was not a party to the initial
transaction or dealings between the Complainant and the erstwhile promoter
(the Respondent). Such contention is untenable in law and contrary to the
express provisions of the RERA Act.

23. ​The proposed Respondent/new promoter is attempting to shirk its statutory
obligations under the RERA by taking refuge behind the plea of ‘no privity of
contract’ with the allottees. Simultaneously, the erstwhile promoter is seeking
to absolve itself of all liabilities by citing the transfer of the project to the new
promoter. As a result, the allottees are left in a vulnerable position, caught in a
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Complaint No. CC006000000333812


legal vacuum, where both the past and present promoters are making
concerted efforts to evade responsibility under the provisions of the Act.

24. ​In view of the above statutory provisions and the facts of the case, the matter
is decided accordingly, and it is submitted that the new promoter/proposed
Respondent, being the duly appointed promoter of the project, is liable to
honour all obligations towards the Complainant, including but not limited to,
the payment of interest and refund of monies due as claimed by the
Complainant under the agreement for sale and the provisions of the RERA
Act.

25. ​The Complainant submits that the proposed amendment is essential for
proper and complete adjudication of the matter and that no prejudice would
be caused to the existing Respondents if such amendment is permitted. On
the contrary, refusal to allow the amendment would cause grave injustice to
the Complainant.

26. ​Accordingly, the Complainant is entitled to seek and enforce the refund of
amounts along with applicable interest from Respondent No. 2, who stands
bound by law and equity to comply with such claim forthwith.

27. ​It is submitted by the complainant that the above amendment does not
change the nature of the complaint and same is necessary on account of
subsequent development. If the same is not allowed, the complainant will be
put to grave irreparable loss. Hence, it is necessary to allow application.

28. ​Section 15(2) of the RERA Act clearly mandates that upon transfer of a real
estate project, the intending promoter shall independently comply with all
pending obligations under the Act and the agreement for sale entered into by
the erstwhile promoter.

29. ​Considering the averments of the application by seeking upon the grounds
mentioned by Respondent and in order to decide the case on merits, by giving
appropriate opportunity to the parties and to avoid multiplicity of the
proceeding.
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Complaint No. CC006000000333812

30. ​ In my opinion, the application deserves to be allowed. Hence, I pass the
following order:
O R D E R

1. ​ Application is allowed.

2. ​ The Complainant is permitted to amend the complaint as to implead M/s
Purva Oak Private Limited as Respondent within 15 days from the date of
this order.

3. ​ The complainant is directed to upload the amended complaint on
MahaRERA website immediately.


Date: 17.03.2026​
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(Ravindra Deshpande)
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Member – II, MahaRERA
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RAVINDRA
PADMAKARAO
DESHPANDE
Digitally signed by RAVINDRA
PADMAKARAO DESHPANDE
Date: 2026.03.17 14:30:13
+05'30'