COMPLAINT NO. - CC12501903

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CORAM: Ravindra Deshpande, Member II, MahaRERA


COMPLAINT NO.: CC12501903

Hybrid Hearing held through video conference as per MahaRERA Circular No.: 49/2025

1. SUJIT SATYANARAYAN GUPTA

2. MADHURI SUJIT GUPTA …COMPLAINANTS

Vs
TAPIR CONSTRUCTIONS LIMITED …RESPONDENT

MahaRERA Project registration No. P51700000958

Order on Amendment application

24. 03.2026
(Date of Hearing: 29.01.2026)

Coram: Shri. Ravindra Deshpande, Member 2 MahaRERA

Adv. Aniket Gole for the Complainant
Adv. Kartik Pandey for the Respondent

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

2. It is submitted by the complainant that being aggrieved by the
Respondent’s failure to comply with the obligation of registering
the Agreement to Sell in respect of Unit No. 1C-1504 at ‘One
Indiabulls Thane’, have been constrained to take action. Despite
multiple correspondences and repeated queries addressed by the
Applicants, the Respondent has neglected and failed to execute and
register the said agreement. Such inaction constitutes a clear breach
of the Respondent’s duties. The Applicants have made diligent
efforts to secure compliance, which have remained unaddressed.
Hence, this grievance arises out of the Respondent’s continued non-
compliance.


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3. The Applicants state that during the pendency of the present
application, the parties were directed by the Hon’ble RERA
Authority, on the first hearing dated July 07, 2025, to explore
settlement through the conciliation forum. Pursuant to such
directions, the matter was listed before the said forum on August
13, 2025 and September 26, 2025. On the initial conciliation date, i.e.,
August 13, 2025, the forum directed both parties to convene a
meeting to address the dispute. Accordingly, a meeting was held
between the Applicants and the Respondent at the Thane project
site.

4. The Applicants state that, during the aforesaid meeting, they
expressed their willingness to continue in the said project, subject to
the execution and registration of the Agreement to Sell by the
Respondent. The Applicants further conveyed that such registration
ought to be effected on the basis of the amount already paid by
them, being ₹34,64,109/- (Rupees Thirty-Four Lakhs Sixty-Four
Thousand One Hundred and Nine Only). The said amount
constitutes more than 20% of the total consideration, which was
paid in the year 2019. The total principal consideration for the flat
in question is ₹1,74,30,000/- (Rupees One Crore Seventy-Four Lakhs
Thirty Thousand Only).

5. The Applicants are aggrieved by the Respondent’s continued
demands for further payments and imposition of interest, despite
payment exceeding 20% of the total consideration. The Respondent
has failed to address the Applicants’ queries. Such conduct has


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compelled the Applicants to approach this Hon’ble Authority for
relief.

6. The Applicant's state that no harn would be caused to the
Respondent in the event this Application is allowed by permitting
the Applicant's to carry out the amendment as sought, since the
right of the Respondent to respond to the Application would be
unfettered.

7. The complainant further submitted that, Para 5 is to be deleted and
be substituted as follows:
“5 (a) This Hon'ble Authority may be pleased to direct the
Respondent to get the agreement to sale registered with the Applicants for
the property bearing Unit No. 1C-1504, on 15th Floor, a 3BHK in a project
known as 'One Indiabulls Thane', situated on C.T.S. No. 71/1/A/1/1, 71/2,
70/1, 70/2A, 55 at Panchpakhadi Pokjharan Road No.02, Thane(West) 400
602 under the Customer ID-7900125 obtained to the Applicants.”

8. The complainant further requested after Paragraph 5(a), Paragraph
No. 5(a1) is to be added as follows-
“5 (a1) Pending the hearing and final disposal of the main
proceedings, this Hon'ble Authority may be pleased to direct the
Respondents not to create any third party rights and not to hand
over the possession of the Property being Unit No. 1C-1504, on 15th
Floor, a 3BHK in a project known as 'One Indiabulls Thane',
situated on C.T.S. No. 71/1/A/1/1, 71/2, 70/1, 70/2A, 55 at
Panchpakhadi Pokjharan Road No.02, Thane(West) 400 602 under


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the Customer ID-7900125 obtained to the Applicants, to any third
party.”

9. The other side has not filed reply/say to the application.

10. The scope of amendment in proceedings before this Authority is to
be considered liberally, provided such amendment is necessary for
determining the real controversy between the parties and does not
cause prejudice to the opposite party. The proposed amendment
pertains to clarification and elaboration of the reliefs originally
sought and does not change the nature of the complaint.

11. Considering the averments of the application and in order to decide,
the case on merits, by giving appropriate opportunity to the party
and to avoid multiplicity of the proceeding, in my opinion, the
application deserves to be allowed. Hence, I pass following order:

O R D E R

1. The application is allowed.

2. The complainant is permitted to amend the complaint within four
corners of this application.

3. The complainant is directed to upload the amended complaint on
MahaRERA website immediately within 15 days of this order.


(Ravindra Deshpande)
Member-2, MahaRERA
Date: 24.03.2026
RAVINDRA
PADMAKARAO
DESHPANDE
Digitally signed by RAVINDRA PADMAKARAO DESHPANDE
Date: 2026.03.24 14:28:47 +05'30'