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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. CC12401049

SUMITRA BUILDCONS PRIVATE LIMITED
…COMPLAINANT
a/w

2. COMPLAINT NO. CC12401050

SUMITRA BUILDCONS PRIVATE LIMITED
…COMPLAINANT
a/w

3. COMPLAINT NO. CC12401051

SUMITRA BUILDCONS PRIVATE LIMITED
…COMPLAINANT
a/w

4. COMPLAINT NO. CC12401052

SUMITRA BUILDCONS PRIVATE LIMITED
…COMPLAINANT
a/w

5. COMPLAINT NO. CC12401053

SUMITRA BUILDCONS PRIVATE LIMITED
…COMPLAINANT

VS
CONWOOD REALTY PRIVATE LIMITED
…RESPONDENT


MAHARERA PROJECT REGISTRATION NO. P51700006934


INTERIM ORDER


January 29th, 2025
(Date of hearing –08.01.2025– matters were reserved for order on issue of maintainability)


Coram: Manoj Saunik, Chairperson, MahaRERA

Advocate Shreyas Moharir present for complainants at Sr. Nos. 1 to 5.
Advocate Anwar Landge for respondent at Sr. Nos. 1 to 5.

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

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within the meaning of Section 2 (zk) of the said Act. The respondent is registered
as the promoter of the project namely “CONWOOD ENCLAVE” under section
5 of the said Act bearing
MAHARERA Project Registration No. P51700006934

(hereinafter referred to as the “said Project”)

2. On the MahaRERA project registration webpage of the said project, the proposed
completion date is 01.07.2020, the revised proposed date of completion is

30. 12.2021 and the extended date of completion is 30.06.2025.

3. All the complainants were heard on 08.01.2025 (listed at Sr. nos. 18 to 22) and the
following roznama was recorded by the Authority:
SR.
NO.

COMPLAINT
NO.
ROZNAMA
RECORDED

1. CC12401049
“Both parties are present.
The Learned Advocate for the respondent states that the case is not
maintainable because there is an earlier

JUDGEMENT

of this Authority in
this matter. However, the Learned Advocate for the complainant states
that the earlier complaint was for execution of agreement for sale under
section 13 of the RERA Act and this present complaint is under section
18 of the RERA Act for seeking interest and compensation, therefore this
complaint is maintainable.
Both Parties can file their respective documents by 12.01.2025.
The matters reserved for order on the issue of maintainability.
The matters stand adjourned to 29.01.2025.”

2. CC12401050

3. CC12401051

4. CC12401052

5. CC12401053

4. The complainants are seeking following reliefs:
SR.
NO

COMPLAINT
NO.
RELIEFS
SOUGHT

1. CC12401049
“a) To direct the Respondent to pay an amount of interest of Rs. 21, 75,429/- (Rupees
Twenty One Lakhs Seven-Five Thousand Four Hundred and Twenty-Nine Only) as per
the MahaRERA prescribed rules on the amount paid by the complainant from till date
against the said Flat which shall continue to accumulate till the handover of possession
to the Complainant. b) To pay interest of amount Rs. 41,099/- (Rupees Forty-One
Thousand and Ninety-Nine only) per month as per MahaRERA Rules, further till
handover of the possession to the Complainant. c) To direct Respondent to pay an
amount of Rs 10,00,000/- (Rupees Ten Lakhs Only) as compensation towards payment
of, hardship, mental agony, caused to the Complainants and misrepresentation, the
wrongful and illegal acts and misconduct on the part of Respondent. a)To restrain
Respondent from creating third-party rights over the Said Flat till amount mentioned
in clause (a) is refunded. b) To direct the Respondent to pay the Legal Cost incurred to
the complainant. c)And any other or further relief(s)/advice as this Hon’ble Authority
may deem fit and proper in the light of the circumstances of the case.”

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2. CC12401050
“a) To direct the Respondent to pay an amount of interest of Rs. 22, 99,739/- (Rupees
Twenty-Two Lakhs Ninety-Nine Thousand Seven Hundred and Thirty- Nine Only) as
per the MahaRERA prescribed rules on the amount paid by the complainant from till
date against the said Flat which shall continue to accumulate till the handover of
possession to the Complainant. b) To pay interest of amount Rs. 43,447/- (Rupees Forty-
Three Thousand Four Hundred and Forty-Seven Only) per month as per MahaRERA
Rules, further till handover of the possession to the Complainant. c) To direct
Respondent to pay an amount of Rs 10,00,000/- (Rupees Ten Lakhs Only) as
compensation towards payment of, hardship, mental agony, caused to the Complainants
and misrepresentation, the wrongful and illegal acts and misconduct on the part of
Respondent. d) To direct the Respondent to pay the Legal Cost incurred to the
complainant. e) And any other or further relief(s)/advice as this Hon’ble Authority may
deem fit and proper in the light of the circumstances of the case.”

3. CC12401051
“In view of the facts mentioned in paragraphs above, the Complainant prays for the
following relief(s): a) To direct the Respondent to pay an amount of interest of Rs.
15,97,458 /- (Rupees Fifteen Lakhs Ninety-Seven Thousand Four Hundred and Fifty-
Eight Only) as per the MahaRERA prescribed rules on the amount paid by the
complainant from date of possession to till date of this complaint against the said Flat
which shall continue to accumulate till the handover of possession to the Complainant.
b) To pay interest of amount Rs. 30,180/- (Rupees Thirty Thousand One Hundred and
Eighty only) per month as per MahaRERA Rules, further till handover of the possession
to the Complainant. c) To direct Respondent to pay an amount of Rs 10,00,000/- (Rupees
Ten Lakhs Only) as compensation towards payment of, hardship, mental agony, caused
to the Complainants and misrepresentation, the wrongful and illegal acts and
misconduct on the part of Respondent. d) To direct the Respondent to pay the Legal Cost
incurred to the complainant. e) And any other or further relief(s)/advice as this Hon’ble
Authority may deem fit and proper in the light of the circumstances of the case.”

4. CC12401052
“In view of the facts mentioned in paragraphs above, the Complainant prays for the
following relief(s): a) To direct the Respondent to pay an amount of total interest of Rs.
15,97,458 /- (Rupees Fifteen Lakhs Ninety-Seven Thousand Four Hundred and Fifty-
Eight Only) as per the MahaRERA prescribed rules on the amount paid by the
complainant from date of possession to till date of this complaint against the said Flat
which shall continue to accumulate till the handover of possession to the Complainant.
b) To pay interest of amount Rs. 30,180/- (Rupees Thirty Thousand One Hundred and
Eighty only) per month as per MahaRERA Rules, further till handover of the possession
to the Complainant. c) To direct Respondent to pay an amount of Rs 10,00,000/- (Rupees
Ten Lakhs Only) as compensation towards payment of, hardship, mental agony, caused
to the Complainants and misrepresentation, the wrongful and illegal acts and
misconduct on the part of Respondent. d) To direct the Respondent to pay the Legal Cost
incurred to the complainant. e) And any other or further relief(s)/advice as this Hon’ble
Authority may deem fit and proper in the light of the circumstances of the case.”

5. CC12401053
“In view of the facts mentioned in paragraphs above, the Complainant prays for the
following relief(s): a) To direct the Respondent to pay an amount of interest of Rs.
15,97,458 /- (Rupees Fifteen Lakhs Ninety-Seven Thousand Four Hundred and Fifty-
Eight Only) as per the MahaRERA prescribed rules on the amount paid by the
complainant from date of possession to till date of this complaint against the said Flat
which shall continue to accumulate till the handover of possession to the Complainant.
b) To pay interest of amount Rs. 30,180/- (Rupees Thirty Thousand One Hundred and
Eighty only) per month as per MahaRERA Rules, further till handover of the possession
to the Complainant. c) To direct Respondent to pay an amount of Rs 10,00,000/- (Rupees
Ten Lakhs Only) as compensation towards payment of, hardship, mental agony, caused
to the Complainants and misrepresentation, the wrongful and illegal acts and
misconduct on the part of Respondent. d) To direct the Respondent to pay the Legal Cost
incurred to the complainant. e) And any other or further relief(s)/advice as this Hon’ble
Authority may deem fit and proper in the light of the circumstances of the case.”

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5. The facts of the complaints are as follows:
SR.
NO.
COMPLAINT
NO/FILING
DATE
FLAT
NO
DATE OF
AFS1/AL2
POSSESSION
DATE AS PER
AFS
TOTAL
CONSIDERATION
(Rs.)
TOTAL
PAID
(RS.)

1. CC12401049

06. 12.2024
1603

21. 12.2009
(AL)

13. 02.2019
(AFS)

30. 06.2020 +6
months grace
period
64,09,375/-
45,24,655/-

2. CC12401050

06. 12.2024
1604

21. 12.2009
(AL)

13. 02.2019
(AFS)

30. 06.2020 +6
months grace
period
67,75,625/-
47,83,206/-

3. CC12401051

06. 12.2024
1901

22. 12.2009
(AL)
-
65,19,250/-
33,22,537/-

4. CC12401052

06. 12.2024
1902

22. 12.2009
(AL)
-
65,19,250/-
33,22,537/-

5. CC12401053

06. 12.2024
1904

22. 12.2009
(AL)
-
65,19,250/-
33,22,537/-

6. From the facts and the submissions, the issue that needs to be considered is
Whether the complainants at Sr. Nos 1 to 5 are maintainable?

7. In order to answer the issue, the following observations are noteworthy:
a) It is observed that the complainant in all the complaints at sr. nos. 1 to 5
earlier had filed a single complaint bearing no. CC006000000001699 for all
the flats seeking reliefs as under:
“We want the Agreement for the said Flat nos. 1603, 1604, 1901, 1902 and 1904 to
be executed in our favour as we have paid more than 50% of the consideration
amount. We also want the possession of the said Flats as soon as possible.”

b) The complaint was heard by the Authority and

FINAL ORDER

dated 15.12.2017
(hereinafter referred to as the said ‘

FINAL ORDER

’) was passed. The said final
order is reproduced hereunder for ease of reference:
“1. The complainant has booked five apartments bearing No. 603, 1604, 1901, 1902
and 1904 in the Respondent's project Conwood Enclave' situated at, Vasant Vihar,
Thane, through allotment letters in 2009. The complainant alleged that even though
50% of the total consideration of the said apartments has been paid, the respondent
has failed to execute the registered agreements for sale.

1 AFS- Agreement for Sale
2 AL – Allotment Letter

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2. Respondent stated that the Commencement Certificate (CC) for higher floors has
been applied for but yet to be obtained and they can execute the registered agreement
for sale only after obtaining the CC, as is the practice in Thane. They further said
that they are willing to refund the amounts paid by the complainant, if they do not
want to continue in the project. However, the complainant insisted that the
agreements for sale be executed and possession be handed over as soon as possible.

3. In view of the above facts, the parties are directed to execute the agreement for sale
as per the provisions of section 13 of the Real Estate (Regulation and Development)
Act 2016 and the rules and regulations made thereunder, within 45 days from the
date on which the Commencement Certificate is obtained by the respondent. Further,
no demands for payments to be raised by the respondent till the execution of the
agreements, as the complainant has already made payment of 50% of the
consideration amount

4. Consequently, the matter is hereby disposed of.”

c) Further it is observed that the non-compliance order dated 23.07.2024
(hereinafter referred to as the said ‘non-compliance order’) is also passed by
the erstwhile Chairperson, MahaRERA. The operative part of the said non-
compliance order is reproduced hereunder for ease of reference:
“13. From the submissions of the Parties, it is clear that the Respondents have
already executed agreements for sale for 3 flats for which the CC has been obtained.
Further, from the said Project registration and the observations made by Secretary,
MahaRERA, it is clear that the Commencement Certificate for 3 flats situated on the
19th floor of the said Project has not yet been obtained by the Respondent. Further,
from the submissions of the Parties, it is clear that the Respondent has not made any
further demands for payment towards the flats for which the CC has not yet been
obtained.

14. Hence, there is no failure on part of the Respondent to comply with the said final
order and the issue at para No.11 is answered in negative. The said NC application
is disposed of accordingly. No order as to costs.”

d) It is observed that there is a typographical error in para no.13 of the said non-
compliance order dated 23.07.2024, wherein it is mentioned that the
agreement for sale is executed for 3 flats. However, the agreement for sale is
executed for only 2 flats. The same can be observed from the observations
made at para no. 9 of the said non-compliance order. It is an error apparent
on record and the Authority hereby rectifies the same.

e) That Commencement Certificate (CC) for the floors above 18th floors is not
uploaded in the said project.

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f) That neither party has contested the allotment of the 5 flats to the
complainants.
g) That the said

FINAL ORDER

has been partially complied with respect to flats
bearing Nos. 1603 & 1604. However, the complainants at Sr. nos 1 & 2 have
now sought relief under section 18 of the said Act.
h) That CC for higher floors has been applied for by the respondent but is yet
to be obtained and the respondent can only execute the registered agreement
for the sale for complaints at Sr. nos. 3 to 5 only after obtaining the CC.
i) That it is further observed that the respondents offered the complainants at
Sr. Nos. 3 to 5 for a refund of amounts as there is a delay in obtaining further
CC. However, the complainants at Sr. Nos. 3 to 5 wish to continue in the said
project and seek for delay in possession under section 18 of the said Act.
j) That the complainants at Sr. Nos 1 to 5 had earlier sought relief under section
13 of the Act for execution of the agreement for sale for all the 5 flats vide
single complaint. However, the complainants at Sr. Nos 1 to 5 have now filed
separate complaints and seek relief under section 18 of the said Act.
k) That all the complaints at Sr. Nos 1 to 5 are adjourned to 29.01.2025.

8. From the above observations to answer the issue, the Authority restricts itself
only to the issue of deciding the maintainability of complainants at Sr. Nos 1 to
5 without going into the merits of the complaints. It is pertinent to note that the
complainants earlier vide single
complaint no. CC006000000001699
had sought
relief of execution of agreement for sale for all the 5 flats. Further, the said final
order was passed on merits, and the respondent has partially complied with the
directions issued under the said

FINAL ORDER

. The complainants at Sr. Nos 1 to 5
now seek relief under section 18 of the Act. Thus, it is pertinent to note that since
the respondent has partially complied with the said

FINAL ORDER

and has executed
agreement for sale for the complaints at Sr. no. 1 & 2 and the complainants at Sr.
no. 1 & 2 now seek delay in possession for the said flats for which CC is obtained.
The complaints at Sr. no. 1 & 2 are maintainable and thus, the issue at para no.
6 for complaints at Sr. no. 1 & 2 are answered in affirmative.

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9. Further, with respect to complaints at Sr. no. 3 to 5, the Authority observes that
the complainants vide a single complaint bearing no. CC006000000001699 had
sought relief of execution of agreement for sale for all the 3 flats. Further, the
said

FINAL ORDER

was passed on merits, and the respondent has not yet complied
with the directions issued under the said

FINAL ORDER

as there is no further CC for
the said 3 flats for which allotment letters are executed. The respondent is yet to
obtain CC for further floors and the said

FINAL ORDER

can be complied only
subsequent to the respondent obtaining CC for the said 3 flats on the 19th floor.
The complainants at Sr. no. 3 to 5 have now filed separate complaints seeking
delay in possession under section 18 of the Act.

10. In order to answer the issue at para no. 6 for complaints at Sr. no. 3 to 5
hereinabove, it is pertinent to first examine section 18 of the said Act which is
reproduced hereinabove for ease of reference:
“18. (1) If the promoter fails to complete or is unable to give possession of an apartment,
plot or building,—
(a) in accordance with the terms of the agreement for sale or, as the case may be,
duly completed by the date specified therein; or
(b) due to discontinuance of his business as a developer on account of suspension
or revocation of the registration under this Act or for any other reason,
he shall be liable on demand to the allottees, in case the allottee wishes to withdraw
from the project, without prejudice to any other remedy available, to return the
amount received by him in respect of that apartment, plot, building, as the case may
be, with interest at such rate as may be prescribed in this behalf including
compensation in the manner as provided under this Act:

Provided that where an allottee does not intend to withdraw from the project, he shall be
paid, by the promoter, interest for every month of delay, till the handing over of the
possession, at such rate as may be prescribed.”

Section 18 is very clear that if the promoter (respondent herein) fails to handover
possession as per the terms of the agreement for sale by the specified date therein
(in this case allotment letters), the allottees (the complainants herein) have a choice
either to withdraw from the project or stay in the same. The complainants at Sr.
nos. 3 to 5 have chosen to stay in the said project and are seeking interest on
amounts paid by them together with compensation.

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11. The essential conditions to seek relief under Section 18 are:
(i)
Failure of promoter to give possession in accordance with the terms of
the contract between the parties (such as booking form, allotment letter,
agreement for sale, etc.) and within the date specified in the contract
between the parties.
(ii)
Inability of the Promoter to complete the said Project.

12. Thus remedy under Section 18 is available to the allottee only after the promised
date of possession/completion is expired and not before. However, in this case
there is no agreement for sale and only allotment letters are executed for
complaints at Sr. no. 3 to 5 which does not have a date of possession. Further it
is also observed from the clause 7 of the allotment letters of all the 3 flats at Sr.
nos. 3 to 5 that the respondent has reserved/allotted the said 3 flats till the
complainants decide to purchase the same after approval of final plans and
receiving of CC for the said 3 flats. The relevant cause is reproduced as under:
“7. This letter is issued to record the understanding and interest of parties and to
reserve the above Flat for you till you decide to agree to purchase the same after
approval of final plans & receiving of further C.C. for above flat or otherwise at
your option earlier thereto, subject to your making payment of stamp duty and
registering the Agreement to sell within 30 days of our having obtained approval of plans
& C.C. for above Flat or deciding to agree to purchase and execute Agreement to sell as
per standard format provided to you, whichever is earlier.”

13. Thus, it is also pertinent to note here that it was agreed between the parties that
the agreement for sale will be executed after approval of final plans and receiving
of CC for the said 3 flats. As there is already a

FINAL ORDER

passed by the Authority
for execution of the agreement for sale for the said 3 flats the same has already
been dealt with and decided by the Authority.

14. Further, in respect of the relief of section 18 sought by the complainants at Sr.
Nos. 3 to 5, the cause of action for the same is yet to arise as section 18 is
applicable when there is a failure of promoter to give possession in accordance
with the terms of the contract between the parties (i.e in this case it is the

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allotment letters). As observed above it was agreed between the parties in the
said allotment letters for complaints at Sr. nos. 3 to 5 that the promoter shall carry
out an agreement for sale once the CC of the same is obtained by the
promoter/respondent. Further, the CC for the said 3 flats at complaints at Sr. no.
3 to 5 are yet to be obtained by the respondent and the respondent is in the
process of obtaining the same. Thus, in that case there is no failure or delay on
the part of the respondent to give possession as under section 18 of the Act at
this juncture. Moreover, it is also observed that the respondent had earlier
offered a refund of amounts for the said 3 flats, however, the complainants at Sr.
nos. 3 to 5 refused fund.

15. Thus, the above complaints at Sr. no. 3 to 5 are not maintainable for reliefs
under section 18 of the said Act at this juncture. Thus, the issue at para no 6. is
answered in negative for complaints at Sr. nos. 3 to 5 for the reasons stated more
specifically hereinabove. Thus, in view of the above the complaints at Sr. nos. 3
to 5 which are listed on 29.01.2025 to be disposed of as not maintainable.


INTERIM ORDER

16. In view of the observations hereinabove, the following order is passed:
A. The complaints at Sr. nos. 1 & 2 are maintainable and which are listed
for hearing on 29.01.2025 to be heard on merits as per seniority.
B. The complaints at Sr. nos. 3 to 5 are not maintainable at this juncture and
the complaints at Sr. nos. 3 to 5 which are listed on 29.01.2025 to be
disposed of as not maintainable.


Manoj Saunik


Chairperson, MahaRERA

MANOJ
SAUNIK
Digitally signed by
MANOJ SAUNIK
Date: 2025.01.29
11:20:37 +05'30'