━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 1 of 11
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━

BEFORE THE MAHARASHTRA
REAL ESTATE REGULATORY AUTHORITY, MUMBAI
Hearing held through Hybrid Mode

1. HUBTOWN LIMITED,

2. HUBTOWN SOLARIS MAINTENANCE PRIVATE
LIMITED
VS.


…COMPLAINANT/S

1. COMPLAINT NO. CC006000000395644

NOYA LIFESTYLE PVT LTD
…RESPONDENT/S
A/W

2. COMPLAINT NO. CC006000000395646

RAJESH A SHAH
…RESPONDENT/S
A/W

3. COMPLAINT NO. CC006000000395647

NOYA LIFESTYLE PVT LTD
…RESPONDENT/S
A/W

4. COMPLAINT NO. CC006000000395648

KARNEET ENTERPRISES INDIA PRIVATE LIMITED
…RESPONDENT/S

A/W

5. COMPLAINT NO. CC006000000395649

MANISHA RAJESH VORA,
RAJESH CHANDRAKANT VORA

…RESPONDENT/S

A/W

6. COMPLAINT NO. CC006000000395653

DEVANG CHANDRAKANT PAJWANI,
HEMANG CHANDRAKANT PAJWANI

…RESPONDENT/S
A/W

7. COMPLAINT NO. CC006000000395645

ASHESH A SHAH
…RESPONDENT/S
A/W

8. COMPLAINT NO. CC006000000395690

MR HANUMAN BANSAL
MRS KRISHNA BANSAL


…RESPONDENT/S
A/W

9. COMPLAINT NO. CC006000000395691

M/S ROOP RASAYAN INDUSTRIES PVT LTD
…RESPONDENT/S

A/W

━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 2 of 11
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━

10. COMPLAINT NO. CC006000000395693

MRS CHETNA JANAK ZAVERI,
MR SHALIN JANAK ZAVERI

…RESPONDENT/S

A/W

11. COMPLAINT NO. CC006000000395759

MR SURESH VAISHNAV
…RESPONDENT/S
A/W

12. COMPLAINT NO. CC006000000395761

MRS TARA SHYAM AGARWAL,
MS SHRADDHA SHYAM AGARWAL,
MR SHYAM SUNDER AGARWAL


…RESPONDENT/S
A/W

13. COMPLAINT NO. CC006000000395692

VAIBHAVLAXMI FILAMENTS PVT LTD
…RESPONDENT/S
A/W

14. COMPLAINT NO. CC006000000395747

MR NAREN MOHANLAL MADLANI,
MR SMEET N MADLANI

…RESPONDENT/S
A/W

15. COMPLAINT NO. CC006000000395748

MR SACHIN S SHAH,
MRS BANSARI S SHAH
…RESPONDENT/S
A/W

16. COMPLAINT NO. CC006000000395749

MR RAJIV VASANTLAL GANDHI,
MRS ALPA RAJIV GANDHI

…RESPONDENT/S
A/W

17. COMPLAINT NO. CC006000000395750

MRS ALPA NIMISH SHAH,
MR NIMISH HARESH SHAH

…RESPONDENT/S
A/W

18. COMPLAINT NO. CC006000000395752

MS SHOBHA RAJPUROHIT
…RESPONDENT/S
A/W

19. COMPLAINT NO. CC006000000395753

MR IMTIYAZ IQBAL QURESHI,
MRS ASCIYA QURESHI

…RESPONDENT/S
A/W

20. COMPLAINT NO. CC006000000395755

MR NIRMAL KUMAR JAIN,
MR NALIN NIRMAL JAIN

…RESPONDENT/S
A/W

21. COMPLAINT NO. CC006000000395757


━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 3 of 11
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━

MRS MEENA VAISHNAV,
MR KISHORE VAISHNAV

…RESPONDENT/S
A/W

22. COMPLAINT NO. CC006000000395758

MR BIPIN MULCHANDBHAI
THAKKAR,
MR SHIRISH BIPIN THAKKAR


…RESPONDENT/S
A/W

23. COMPLAINT NO. CC006000000397425

MR DHIREN KISANLAL DOSHI
…RESPONDENT/S
A/W

24. COMPLAINT NO. CC006000000395608

UTSAV TRADE INDIA PRIVATE LIMITED
…RESPONDENT/S
A/W

25. COMPLAINT NO. CC006000000395609

NEELYOG CONSTRUCTION PRIVATE LIMITED
…RESPONDENT/S
A/W

26. COMPLAINT NO. CC006000000395629

MR RAJENDRA BHAGIRATH TAPADIA,
MR ANAND RAJENDRA TAPADIA

…RESPONDENT/S
A/W

27. COMPLAINT NO. CC006000000397432

M/S APEX PROJECT SOLUTIONS PVT LTD
…RESPONDENT/S
A/W

28. COMPLAINT NO. CC006000000397433

MRS VASUMATI NARENDRA SHAH,
MS DEEPA SHAH

…RESPONDENT/S
A/W

29. COMPLAINT NO. CC006000000397434

MR DARSHAK SHANTI SHAH,
MR SHANTIKUMAR KESHRICHAND SHAH

…RESPONDENT/S
A/W

30. COMPLAINT NO. CC006000000397435

MR KANITLAL NARANDAS PATEL,
MRS RAMILA KANTILAL PATEL

…RESPONDENT/S
A/W

31. COMPLAINT NO. CC006000000397436

MRS FALGUNI HITEN MEHTA,
MR HITEN RAMESHCHANDRA MEHTA

…RESPONDENT/S
A/W

32. COMPLAINT NO. CC006000000397455

MAANSMARINE CARGO INTERNATIONAL LLP
…RESPONDENT/S
A/W

33. COMPLAINT NO. CC006000000395652


━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 4 of 11
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━

USHMA SURESH HINDOCHA,
FORAM SURESH HINDOCHA

…RESPONDENT/S


MAHARERA PROJECT REGISTRATION NO. P51800001465

Order
June 11th, 2026
(Date of hearing- 25.05.2026, matters were reserved for orders from 01.06.2026 on the issue
of maintainability)


Coram: Manoj Saunik, Chairperson, MahaRERA

Advocate Sana Khan present for the complainants at Sr. Nos. 1 to 33
Advocate Kaustubh Patil present for the respondents at Sr. Nos. 1, 3, 4, 6, 8, 9, 11 to
16, 19, 24, 29, 30, 32 and 33.
None present for respondents at Sr. Nos. 2, 5, 7, 10, 17, 18, 20 to 23, 25 to 28 and 31.

1. The complainant no. 1, i.e., Hubtown Limited at Sr. Nos. 1 to 33, claims to be the
promoter/developer within the meaning of Section 2(zk) of the Real Estate
(Regulation and Development) Act, 2016 (hereinafter referred to as “the Act”), in
respect of the project registered with the Real Estate Regulatory Authority
(hereinafter referred to as “RERA”). The Complainant No. 2, i.e., Hubtown Solaris
Maintenance Private Limited at Sr. Nos. 1 to 33, is a private limited company
engaged in facilitating maintenance services. The respondents at Sr. Nos. 1 to 33 are
purported allottees within the meaning of section 2(d) of the Act in respect of the
project, namely “HUBTOWN SOLARIS”, duly registered under Section 5 of the
Act bearing
MahaRERA Project Registration No. P51800001465
(hereinafter
referred to as “the Project”). It is observed that the present batch of complaints
pertains to units situated on the 10th floor of the building, in respect of which the
issue of maintainability remained to be determined by this Authority.

2. As per the MahaRERA Project Registration webpage, the Proposed Completion
Date (PCD) of the Project was 31.12.2016 and the Revised Completion Date (RCD)
was 30.12.2022. It is observed that the part occupation certificate dated 12.08.2016,

13. 08.2019, 27.11.2019, 31.12.2019, 09.04.2021 and full occupation certificate dated

24. 11.2023 is available on record. The project is completed.

━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 5 of 11
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━

3. All the captioned complaints listed at Sr. Nos. 1 to 33 were heard by this Authority
on 25.05.2026 wherein the following roznama was recorded: (Listed at Sr. Nos. 2 to
33 and 57)
A. “The learned advocate for the complainants submitted that the complaints at Sr. Nos. 2 to 33
and 57 pertain to post-occupation certificate matters and are therefore maintainable. However,
Advocate Kaustubh Patil appearing for certain respondents submitted that pre-RERA
occupation certificates exist in respect of certain flats and that the complaints pertaining to such
flats are not maintainable. It is further submitted that the complaints pertaining to flat numbers
1049 onwards are post-RERA matters.
B. It is noted that the complaints at Sr. Nos. 2 to 33 and 57 pertain to units situated on the 10th
floor, in respect of which the issue of maintainability is yet to be determined.
C. Advocate Kaustubh Patil appearing for certain respondents further submitted that the
complaints at Sr. Nos. 2, 4, 5, 9, 10, 12 to 17, 20 and 30 are not maintainable on the ground that
the occupation certificate in respect of the said flats were received prior to the enactment of the
RERA Act.
D. It is noted that the complainants in respect of the 10th floor complaints have not complied with
the earlier directions of this Authority regarding filing of affidavit as directed under paragraph
18(iii) of the order dated 30.03.2026. The complainants are granted five (5) days’ time to file the
aforesaid affidavit, as more specifically directed in the order dated 30.03.2026. In the event of
failure to comply within the stipulated period, no further affidavit shall be taken on record, and
appropriate costs shall be imposed upon the complainants.
E. The respondents are at liberty to file written submissions specifying the complaints which,
according to them, are not maintainable along with relevant details and documents in support
thereof. Both parties are granted liberty to file written submissions on the issue of maintainability
on or before 31.05.2026. The matters at Sr. Nos. 2 to 33 and 57 are reserved for orders on the
issue of maintainability from 01.06.2026.
F. The remaining matters, i.e. Sr. Nos. 1, 34 to 56 and 58 to 60, stand adjourned to 15.06.2026 for
final arguments. No further adjournments shall be granted.”

4. It is observed that during the course of hearing, the learned Advocates appearing
for respondents raised a preliminary objection regarding the maintainability of the
present complaints on the ground that the subject units involved therein do not
form part of the real estate project registered with this Authority. Pursuant to the
directions contained in the order dated 30.03.2026 and the subsequent Roznama
dated 25.05.2026, the complainant-promoter has placed on record an affidavit
identifying the units situated on the 10th floor which form part of the portion
covered under Occupancy Certificates issued prior to commencement of the Act
(hereinafter referred to as the “Pre-RERA Units”) and those which form part of the
registered real estate project (hereinafter referred to as the “Post-RERA Units”). In
view of the said objection and considering the affidavit and other material placed
on record, this Authority deemed it appropriate to first determine the issue of

━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 6 of 11
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━

maintainability before proceeding to examine the complaints on merits.
Accordingly, the complaints at Sr. Nos. 1 to 33 were reserved for orders on the
limited issue of maintainability vide Roznama dated 25.05.2026.

5. This Authority, by its order dated 30.03.2026 passed in the present batch of
complaints listed at Sr. Nos. 1 to 33 pertaining to the same project, has already
examined and adjudicated upon the issue concerning the scope and applicability of
Sections 3 and 31 of the Act, as well as the maintainability of complaints in relation
to portions of the building that do not form part of the registered real estate project.
The findings, observations, and reasons recorded therein are not required to be
reproduced herein and are accordingly adopted and incorporated for the purposes
of the present order.

6. In view of the aforesaid, the following issue arises for consideration in the present
batch of complaints listed at Sr. Nos. 1 to 33:
“Whether the complaints pertaining to the subject units situated on the 10th floor fall within
the category of Pre-RERA Units or Post-RERA Units and consequently whether the said
complaints are maintainable before this Authority under the provisions of the Act?”

7. Upon perusal of the affidavit placed on record, it is observed that the project
“Hubtown Solaris” received Part Occupancy Certificates at different stages and
that the project was registered with MahaRERA from part of the 10th floor and
above, i.e. up to the 13th floor. The categorization of the subject units as Pre-RERA
Units and Post-RERA Units in the affidavit forms the basis for determination of the
issue framed hereinabove.

8. It is further observed that the part occupancy certificate dated 13.08.2019, along
with the plan annexed thereto, has been placed on record. Upon perusal thereof, it
is noted that the annexed plan specifically demarcates in red the units situated on
the 10th floor in respect of which the said Occupancy Certificate was granted. The
said plan forms part of the Occupancy Certificate record and has therefore been

━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 7 of 11
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━

considered for the purpose of identifying the units covered under the said
Occupancy Certificate. The said plan indicates that Unit Nos. 1049 onwards on the
10th floor are covered under the Occupancy Certificate dated 13.08.2019. Since the
said Occupancy Certificate was issued after commencement of the Act, Unit Nos.
1049 onwards on the 10th floor form part of the Post-RERA Units.

9. It
is
further
observed
that

Complaint
Nos
.
CC006000000395647
and
CC006000000395652 do not find specific mention in the affidavit filed by the
complainant-promoter. The said complaints, however, formed part of the batch of
complaints reserved for orders on the issue of maintainability vide Roznama dated

25. 05.2026. In view of the omission of the aforesaid complaints from the affidavit,
notwithstanding the directions issued by this Authority, the issue of
maintainability in respect thereof is required to be determined on the basis of the
documentary record available before this Authority and the submissions advanced
by the parties during the course of hearing.

10. A perusal of the affidavit reveals certain discrepancies in the particulars of some of
the complaints. Upon perusal of the agreements for sale and the other documents
available on record, it is noted that
Complaint No. CC006000000395644
pertains to
Unit Nos. 1043 and 1044, whereas
Complaint No. CC006000000395648
pertains to
Unit No. 1045. It is also noted that the name of the respondent in
Complaint No.
CC006000000395648
is not correctly reflected in the affidavit and has therefore been
considered in accordance with the agreement for sale available on record. In case
of any inconsistency between the particulars stated in the affidavit and the
documents available on record, this Authority has relied upon the agreements for
sale and the other documentary material available before it. Accordingly, the issue
of maintainability has been determined on the basis of the record available before
this Authority.

━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 8 of 11
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━

11. It is also noticed that
Complaint No. CC006000000395490
has been referred to in the
affidavit against an incorrect unit number. However, the said complaint does not
form part of the present batch of complaints reserved for orders on the issue of
maintainability and has already been dealt with separately by this Authority.
Accordingly, no finding is required to be recorded in the present order in respect
of the said complaint.

12. Insofar as
Complaint Nos
. CC006000000395647 and CC006000000395652 are
concerned, the agreements for sale and the other the material available on record
indicate that the said complaints pertain to Unit Nos. 1042 and 1062 respectively,
though the same do not find mention in the affidavit. It was further submitted on
behalf of the learned advocate appearing for certain respondents during hearing
that the complaints pertaining to Unit Nos. 1049 onwards relate to Post-RERA
Units. The said submission was not disputed by the complainants. Further, as
observed hereinabove, the part occupancy certificate dated 13.08.2019 and the plan
annexed thereto indicate that Unit Nos. 1049 onwards on the 10th floor are covered
under the said occupancy certificate issued after commencement of the Act. Having
regard to the aforesaid material, Unit No. 1042 is classified as a Pre-RERA Unit,
whereas Unit No. 1062 is classified as a Post-RERA Unit for the purpose of
determining the issue of maintainability.

13. Based on the affidavit placed on record, the documentary material available on
record and the findings recorded hereinabove, the complaints at Sr. Nos. 1 to 33 are
classified as follows:

Sr. No.

Complaint No.
Unit
No.
Classification
1
CC006000000395644
1043-1044
Pre-RERA Unit
2
CC006000000395646
1035
Pre-RERA Unit
3
CC006000000395647
1042
Pre-RERA Unit
4
CC006000000395648
1045
Pre-RERA Unit

━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 9 of 11
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━

Sr. No.

Complaint No.
Unit
No.
Classification
5
CC006000000395649
1047
Pre-RERA Unit
6
CC006000000395653
1061
Post-RERA Unit
7
CC006000000395645
1034
Pre-RERA Unit
8
CC006000000395690
1004
Pre-RERA Unit
9
CC006000000395691
1007
Pre-RERA Unit
10
CC006000000395693
1010
Pre-RERA Unit
11
CC006000000395759
1014
Pre-RERA Unit
12
CC006000000395761
1013
Pre-RERA Unit
13
CC006000000395692
1009
Pre-RERA Unit
14
CC006000000395747
1041
Pre-RERA Unit
15
CC006000000395748
1031
Pre-RERA Unit
16
CC006000000395749
1029
Pre-RERA Unit
17
CC006000000395750
1025
Pre-RERA Unit
18
CC006000000395752
1022
Pre-RERA Unit
19
CC006000000395753
1020
Pre-RERA Unit
20
CC006000000395755
1019
Pre-RERA Unit
21
CC006000000395757
1016
Pre-RERA Unit
22
CC006000000395758
1017
Pre-RERA Unit
23
CC006000000397425
1063
Post-RERA Unit
24
CC006000000395608
1055
Post-RERA Unit
25
CC006000000395609
1036-1040
Pre-RERA Unit
26
CC006000000395629
1049-1050
Post-RERA Unit
27
CC006000000397432
1001
Pre-RERA Unit
28
CC006000000397433
1026
Pre-RERA Unit
29
CC006000000397434
1028
Pre-RERA Unit

━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 10 of 11
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━

Sr. No.

Complaint No.
Unit
No.
Classification
30
CC006000000397435
1052
Post-RERA Unit
31
CC006000000397436
1053
Post-RERA Unit
32
CC006000000397455
1057-1058
Post-RERA Unit
33
CC006000000395652
1062
Post-RERA Unit

14. In view of the above classification and applying the principles recorded in the order
dated 30.03.2026, this Authority holds that the complaints classified as “Post-RERA
Units” form part of the registered real estate project and therefore fall within the
ambit of the Act and are maintainable before this Authority. Conversely, the
complaints classified as “Pre-RERA Units” do not form part of the registered real
estate project. Consequently, the provisions of the Act cannot be invoked in respect
of such units, and the said complaints are not maintainable before this Authority.
Accordingly, the issue framed in paragraph 6 above is answered in the aforesaid
terms.


FINAL ORDER

15. In view of the foregoing discussion and findings recorded hereinabove, the
Authority passes the following order:

A. The complaints bearing Sr. Nos. 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18,
19, 20, 21, 22, 25, 27, 28, 29 are held to be not maintainable before this Authority
and are accordingly dismissed as not maintainable, with liberty to the parties
to avail such remedies as may be available in law before the competent forum.
B. The complaints bearing Sr. Nos. 6, 23, 24, 26, 30, 31, 32 and 33 are held to be
maintainable and shall proceed for further adjudication on merits.

━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 11 of 11
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━

C. The Registry is directed to list the maintainable complaints bearing Sr. Nos. 6,
23, 24, 26, 30, 31, 32 and 33 along with the other connected matters arising out of
the same project already adjourned to 15.06.2026.
D. No order as to costs.

Manoj Saunik


Chairperson, MahaRERA

MANOJ
SAUNIK
Digitally signed by
MANOJ SAUNIK
Date: 2026.06.11
09:30:00 +05'30'