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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

1. COMPLAINT NO. CC006000000396648

FARIDA ABDUL RASHID COATWALA
…COMPLAINANT

a/w

2. COMPLAINT NO. CC006000000396724

FARIDA ABDUL RASHID COATWALA
…COMPLAINANT

a/w

3. COMPLAINT NO. CC006000000396738


KEHKASHAN ABDUL HAMID COATWALA
…COMPLAINANT

a/w

4. COMPLAINT NO. CC006000000396749

KEHKASHAN ABDUL HAMID COATWALA
…COMPLAINANT

VS
R. R. BUILDERS
…RESPONDENT


MAHARERA PROJECT REGISTRATION NO. P51900003595


INTERIM ORDER


February 29, 2024
(Date of hearing for 09.01.2024 matters reserved for orders)


Coram: Shri. Ajoy Mehta, Chairperson, MahaRERA

Advocate Harshit Kabali i/b Advocate Rayyan Nasir
for the Complainants at Sr. No. 1 to 4
Advocate Abir Patel for the Respondents at Sr. No. 1
Advocate Dhwani Joshi for the Respondents at Sr. No. 2 to 4

1. The Complainants 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 “said Act”) of Real Estate Regulatory Authority (hereinafter referred to as the
“RERA”) and the Respondent is the Promoter/Developer within the meaning of
Section 2(zk) of the said Act. The Respondent is registered as the Promoter of the

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Project namely “RUPAREL VIVANZA” under section 5 of the said Act bearing

MAHARERA Project Registration No. P51900003595
(hereinafter referred to as the
“said Project”).

2. On the MahaRERA Project registration webpage the proposed completion date of the
said Project is mentioned as 30.11.2021, revised completion date is mentioned as

30. 06.2025 and the extended completion date is mentioned as 30.03.2027.

3. The Complainants are seeking the following reliefs:
SR.
NO.
COMPLAIN
T NO.
RELIEFS SOUGHT

1. CC006000000
396648
a. That the Respondent, his agents, servants and/or any other persons claiming
through the Respondent be ordered and decreed to refund the amount viz.
Rs.12,28,581/- (Rupees Twelve Lacs Twenty Eight Thousand Five Hundred and
Eighty One) to the complainant in respect of the said flat in the said project along
with interest at the rate of SBI’s Highest Marginal Cost of Funds Based Lending
Rate (MCLR) plus 2% from the date of payment till the actual realisation of the
said amount.
b. That the Respondent be penalized as per Section 61 of the RERA Act, 2016 for
violating and/or contravening section 11(3), 12, 14 & 18 of the RERA Act, 2016.
c. That such other and further orders, directions and reliefs be passed that may be
just, proper and necessary in the nature and circumstances of the case be granted
as may be expedient and/or necessary;
d. Costs and professional fees of the complaint be provided for;

2. CC006000000
396724
a. That the Respondent, his agents, servants and/or any other persons claiming
through the Respondent be ordered and decreed to refund the amount viz.
Rs.18,72,081/- (Rupees Eighteen Lacs Seventy Two Thousand and Eighty One) to
the complainant in respect of the said flat in the said project along with interest at
the rate of SBI’s Highest Marginal Cost of Funds Based Lending Rate (MCLR)
plus 2% from the date of payment till the actual realisation of the said amount.
b. That the Respondent be penalized as per Section 61 of the RERA Act, 2016 for
violating and/or contravening section 11(3), 12, 14 & 18 of the RERA Act, 2016.
c. That such other and further orders, directions and reliefs be passed that may be
just, proper and necessary in the nature and circumstances of the case be granted
as may be expedient and/or necessary;
d. Costs and professional fees of the complaint be provided for;

3. CC006000000
396738
a. That the Respondent, his agents, servants and/or any other persons claiming
through the Respondent be ordered and decreed to refund the amount viz.
Rs.19,31,481/- (Rupees Nineteen Lacs Thirty One Thousand Four Hundred and
Eighty One) to the complainant in respect of the said flat in the said project along
with interest at the rate of SBI’s Highest Marginal Cost of Funds Based Lending
Rate (MCLR) plus 2% from the date of payment till the actual realisation of the
said amount.
b. That the Respondent be penalized as per Section 61 of the RERA Act, 2016 for
violating and/or contravening section 11(3), 12, 14 & 18 of the RERA Act, 2016.
c. That such other and further orders, directions and reliefs be passed that may be
just, proper and necessary in the nature and circumstances of the case be granted
as may be expedient and/or necessary;
d. Costs and professional fees of the complaint be provided for;

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4. CC006000000
396749
a. That the Respondent, his agents, servants and/or any other persons claiming
through the Respondent be ordered and decreed to refund the amount viz.
Rs.12,58,281/- (Rupees Twelve Lacs Fifty Eight Thousand Two Hundred and
Eighty One) to the complainant in respect of the said flat in the said project along
with interest at the rate of SBI’s Highest Marginal Cost of Funds Based Lending
Rate (MCLR) plus 2% from the date of payment till the actual realisation of the
said amount.
b. That the Respondent be penalized as per Section 61 of the RERA Act, 2016 for
violating and/or contravening section 11(3), 12, 14 & 18 of the RERA Act, 2016.
c. That such other and further orders, directions and reliefs be passed that may be
just, proper and necessary in the nature and circumstances of the case be granted
as may be expedient and/or necessary;
d. Costs and professional fees of the complaint be provided for;

4. The complaints herein were heard on 09.01.2024 at Sr. Nos. 28 to 31, wherein the
following common roznama was recorded:
SR.
NO.

COMPLAINT NO.
ROZNAMA
RECORDED

1. CC006000000396648
“1. The Complainant avers that he has moved an amendment application
fundamentally seeking refund of booking amount together with interest
and compensation. Theis refund that is being sought is under Section 31
and not under Section 18 as was mentioned earlier. The complainant
hence seeks orders of this Authority to allow this amendment so that they
could proceed with the merits of the case.

2. The Advocate for the Respondent has no objection to the Authority
considering the amendment application provided all contentions remain
open and without prejudice to any of his rights.

3. The Advocate for the Respondent Sr. No. 29 to 31 also argues on the
same lines.
The matter is reserved for orders only with respect to the amendment
application. The matter is not heard on merits.”

2. CC006000000396724

3. CC006000000396738

4. CC006000000396749

5. The brief facts in the complaints are as follows:
SR.
NO.


COMPLAINT NOS
. /
DATE OF FILING

FLAT NO.
TOTAL
CONSIDERATION
AMOUNT PAID

1. CC006000000396648

20. 07.2023
1803
1,24,09,910/-
12,28,581/-

2. CC006000000396724

20. 07.2023
1804
1,89,09,910/-
18,72,081/-

3. CC006000000396738

20. 07.2023
2101
1,95,09,910/-
19,31,481/-

4. CC006000000396749

20. 07.2023
2102
1,27,09,910/-
12,58,281/-

6. The Complainants at Sr. Nos. 1 to 4 herein filed amended complaint copies of the
captioned complaint on 14.10.2023 in the online complaint filing portal of
MahaRERA. The necessary amendments are highlighted in brief herein for easy
reference:

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a. Following words may be added to the Complaint:
QUOTE

1. That as per facts of the case, the Complainant is seeking refund of booking
advance amount paid by her to the Respondent towards purchase and
construction of the said flat along with interest and compensation therefore
the complaint has been filed u/s. 31 read with section 71 of the RERA Act,
2016 and as per annexure 1 of MahaRERA order No.35/2022 dated

12. 08.2022 (Reliance of para1 and 8 of the precedent set in the case of Pawan Kumar
Gupta vs M/s. SPR Construction Pvt. Ltd.). Hereto annexed and marked as
exhibit R in the copy of precedent set in the case of the precedent set in the
case of Pawan Kumar Gupta Vs. M/s. SPR Construction Pv.t Ltd. Decided
by the Tamil Nadu Real Estate Regulatory Authority, Chennai on
12/09/2019

2. The words “section 18” be replaced with the words “Section 31 read with
Section 71” in the body of the Complaint and prayer clauses wherever
necessary.

3. The words “& 18” be removed in the body and prayer clauses of the
Complaint wherever necessary.
UNQUOTE
b. Hence, the Complainants at Sr. Nos. 1 to 4 are now seeking reliefs under section
31 read with section 71 of the said Act instead of under section 18 as was
mentioned in the complaints originally. The amendment is sought to this effect.

7. The brief common submissions of the Complainants at Sr. No.1 to 4 are as follows:
a. That the Complainant at Sr. Nos.1 to 4 booked a flat by payment of certain
amounts as per cost sheet dated 07.12.2022 executed between the Parties. The
Complainants at Sr. Nos.1 to 4 have neither entered into any allotment letter nor
executed any Agreement for Sale for the purchase of the said flat mentioned in
the table at para No.5. The Complainants at Sr. Nos.1 to 4 have sought to cancel
the purported allotment vide a notice dated 24.03.2023 issued by her advocate
to the Respondent.

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b. The Complainants at Sr. Nos.1 to 4 therefore filed the present complaints
seeking refund of the amounts paid by them with interest and compensation as
per the provisions of the said Act. Further, the Complainants at Sr. Nos.1 to 4
have sought that Respondent be penalized as per Section 61 of the RERA Act,
2016 for violating and/or contravening section 11(3), 12, 14 & 18 of the said Act.
c. The Complainants at Sr. Nos.1 to 4 have relied on clause 9 (ii) of Annexure 1 of
MahaRERA Order No. 35/2022 dated 12.08.2022 to seek the above-mentioned
reliefs.
d. That the Complainants at Sr. Nos.1 to 4 submit that as per facts of the case the
Complainants are seeking refund of booking advance amount paid by them to
the Respondent towards purchase and construction of booked flat along with
interest and compensation therefore the complaint should have been filed under
Section 31 read with Section 71 of the Act.
e. However, the Complainants further submit that due to inadvertence the
complainants have sought refund u/s 18 of the RERA Act, 2016 which cannot
be granted therefore the present amendment application is moved only to the
extent of correcting the provision of law under which Complainants are seeking
refund of the amount paid by them along with interest and compensation.
f. The Complainants state that the amendment sought is necessary to secure the
ends of justice, to avoid multiplicity of proceedings and for the purpose of
complete adjudication of disputes and determination of the real questions in
controversy between the parties wherein no harm, loss and prejudice will be
caused to the Respondent if the present application for amendment is allowed
because no new case is being put up.

8. The Respondent remained present before the Authority on the last date of hearing
and has stated that the Respondent has no objection in granting amendment to the
Complainants herein. The Respondent has however, sought that all contentions of
the Parties be left open.

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9. From the submissions of the Parties the primary issue that first needs to be examined
is Whether each of the complainants are allowed to amendment the complaint?

10. Before moving ahead, following observations are noteworthy to determine the issue
at para No.8 herein:
a. Prima facie, from the submissions of the Complainants, it can be deduced that
the Complainants at Sr. No. 1 to 4 have not entered into any contract with the
Respondent except for their respective cost sheets.
b. The Complainants at Sr. No.1 to 4 have failed to produce the said cost sheets for
the perusal of the Authority.
c. That the Complainants are seeking to pursue their reliefs under section 31 read
with section 71 of the said Act instead of the section 18 of the said Act.

11. Thus, it is observed that the Complainants are seeking to amend the captioned
complaint as more specifically mentioned herein. It is pertinent to note here that the
Complainant is seeking to proceed with reliefs sought under Section 31 read with
section 71 of the said Act. In this regard, the necessary proceedings to be followed
are more specifically mentioned in Rule 7 of Maharashtra Real Estate (Regulation and
Development) (Recovery of interest, penalty, compensation, fine payable, forms of complaints
and appeal etc.) Rules, 2017 (“said Rules”). The Respondent has no objection in
allowing the amendment to the Complainants but has sought that all contentions of
the Parties herein be left open to be argued.

12. In view thereof, the Authority allows the amendment. The Complainants are hereby
directed to serve upon the Respondent and upload a copy of an amended complaint
as per the rules mentioned above. The captioned complaint shall be heard on merits
as per seniority only after the service and filing of the amended copy of the
complaint.

(Ajoy Mehta)


Chairperson, MahaRERA


AJOY
MEHTA
Digitally signed by
AJOY MEHTA
Date: 2024.02.29
15:47:55 +05'30'