CC12400044

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BEFORE THE MAHARASHTRA

REAL ESTATE REGULATORY AUTHORITY, MUMBAI

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

CORAM: Ravindra Deshpande, Member II, MahaRERA


COMPLAINT NO. CC12400044


SANJAY DATTARAM KADAM …COMPLAINANT

VS

1. M/S. DEVTAA DEVELOPERS PVT. LTD.

2. SAI LIFE DEVTAA

3. SAI LIFE DEVTAA REALTORS …RESPONDENT


MAHARERA PROJECT REGISTRATION NO. P51800008457

Order
On Amendment Application of The Complainant
(27.04.2026)
(Date of Hearing: 07.10.2025)

Coram: Shri. Ravindra Deshpande, Member 2 MahaRERA

Adv. Nilesh Boratefor Complainant
Deepak Sharma (Accountant)for Respondent

1. The Complainants have filed the present application seeking permission
to implead Ms. Suhita Dhondiram Suryavanshi alias Mrs. Suhita Sanjay
Kadam as Complainant No. 2 in the present complaint, Complainant
sought relief that due to inadvertence, “Sai Life Devtaa” and “Sai Life
Devtaa Realtors” have been wrongly impleaded as Respondent Nos. 2
and 3. Hence, the Complainants pray that permission be granted to delete
the said parties from the array of Respondents and to carry out necessary
amendment in the cause title and relief clause, and to allow the present
application accordingly.

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

3. It is the contention of the Complainant that he filed the present Complaint in
person on 05/09/2024; however, due to inadvertence, certain material facts,
reliefs and necessary parties were not properly pleaded, which omission is

CC12400044

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bonafide. It is submitted that the subject flat has been jointly purchased with
his wife, Ms. Suhita Dhondiram Suryavanshi alias Mrs. Suhita Sanjay
Kadam, and therefore she be impleaded as Complainant No. 2 to avoid any
technical defect. It is further submitted that “Sai Life Devtaa” and “Sai Life
Devtaa Realtors” have been wrongly impleaded as Respondent Nos. 2 and 3,
and hence permission be granted to delete the said parties and allow
amendment of the Complaint accordingly.

4. The Complainant has pleaded in their "Complaint Facts" that "My
Spouse........is still not giving the possession of Flat." The Complainant be
permitted to add following Pleadings subsequent to above facts, the
details of the same is as under.

5. The Complainants state that they are husband and wife, both NRIs
residing in Canada, who jointly purchased Flat No. 403 admeasuring
about 891 sq. ft. in the project “Devtaa Desire” (now known as “Vijay CHS
Ltd.”) at Nahur (East), Mumbai, from the Respondent under a registered
Agreement dated 08/05/2018 for a total consideration of Rs. 99,79,200/-
inclusive of GST and car parking. The agreed rate was Rs. 10,000/- per
sq. ft., and prior negotiations were carried out through emails dated
05/03/2018 and 13/04/2018, followed by a revised cost sheet dated
28/04/2018. The Complainants state that the Agreement was executed
after due payments of stamp duty, and a demand of Rs. 83,80,972/- raised
on 16/05/2018 was duly paid on 30/05/2018, with subsequent payments
made as demanded.

6. The Complainants submit that they have paid more than 99.5% of the
total consideration, i.e., Rs. 99,09,200/-, with only a nominal amount
initially withheld due to non-delivery of possession, which was later paid
on 19/07/2024. As per the Agreement, possession was to be handed over
on or before 30/12/2021; however, the Respondent failed to do so. The
Occupancy Certificate was obtained on 31/05/2023 but was not
communicated, and possession has still not been handed over.

7. The Complainants further state that upon inspection in July 2024, the flat
was found incomplete and uninhabitable with several defects including
broken and mismatched tiles, defective fittings, incomplete finishing, and
pending essential works. It is submitted that several agreed amenities,
including modular kitchen, electrical and plumbing fixtures, and car
parking, have not been provided, and basic utilities were also not in
order. Despite repeated emails dated 11/08/2024, 28/08/2024 and reply

CC12400044

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dated 05/09/2024, the Respondent failed to complete the work or hand
over possession.

8. It is further submitted that the Respondent’s labourers had occupied and
damaged the flat during March 2023, and several project amenities
promised in the Agreement and brochure have not been provided,
constituting deficiency in service. Despite continuous follow-ups, the
Respondent has failed to rectify the defects or deliver possession, causing
hardship to the Complainants. Hence, the Respondent is liable for the
delay, and any maintenance charges, if claimed, shall be borne by the
Respondent.

9. It is submitted that at the time of filing the Complaint, the Complainant
had not properly set out the reliefs and had merely stated that he be
compensated for one year’s delay in possession or, alternatively, that the
Agreement be cancelled and the amount be refunded with interest. The
Complainant therefore seeks permission to delete the said averment and
to substitute the same with specific and detailed reliefs as set out herein.

10. The Complainants pray that the present Complaint be allowed with costs
and that the Respondent be directed to hand over peaceful, complete and
habitable possession of Flat No. 403 along with all promised amenities,
fixtures and facilities as per the Agreement, Amenities List and Brochure,
including allotment of one covered car parking space as agreed. The
Respondent be further directed to rectify all defects in the subject flat,
including flooring, painting, POP finishing, bathroom fittings, plumbing,
windows, plaster and to complete all pending works such as installation of
modular kitchen, chimney, geysers, aqua guard, kitchen trolleys, grills and
restoration of electricity and gas connection at its own cost. The Respondent
be directed to pay interest as per the provisions of the Real Estate (Regulation
and Development) Act, 2016 and Rules thereunder on all amounts paid by
the Complainants from 31/12/2021, being the agreed date of possession, till
actual handing over of possession, and also to bear any maintenance charges
till such possession is handed over. The Respondent be held liable for
deficiency in service and unfair trade practice and be directed to pay
compensation towards mental harassment, inconvenience and litigation
costs, including Rs. 60,000/- towards cost of proceedings. The Respondent be
further directed to clear any outstanding dues payable prior to possession,
and such other just and equitable reliefs be granted in favour of the
Complainants.

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11. The Complainant submits that, if the present amendment is not allowed,
it would result in hardship and prejudice, as the Complainant would be
deprived of placing complete and correct facts on record. The proposed
amendment is necessary for proper adjudication of the matter and to
avoid multiplicity of proceedings. Hence, the application deserves to be
allowed in the interest of justice and equity.

12. It is therefore prayed that this Hon’ble Authority be pleased to allow the
present application and permit the Complainant to carry out the
amendments as stated hereinabove and to file the amended Complaint
on record, and to pass such other just and equitable orders as deemed fit
in the interest of justice.

13. The Respondent has not filed reply and contested the Application.

14. I have perused the material on record and considered the submissions of the
Complainants. It is noted that despite service, the Respondent has neither
filed any reply nor appeared to contest the present application.

15. The present application is filed seeking amendment of the Complaint by
impleading the co-purchaser as Complainant No. 2, deleting wrongly
impleaded parties, and incorporating necessary pleadings and reliefs. It is
observed that the subject flat has been jointly purchased by the Complainant
along with his wife, and therefore her presence is necessary for proper
adjudication of the dispute. The proposed impleadment is formal in nature
and does not alter the nature of the Complaint.

16. It is further observed that “Sai Life Devtaa” and “Sai Life Devtaa Realtors”
have been impleaded inadvertently as Respondent Nos. 2 and 3. The
Complainants have sought deletion of the said parties, which appears to be
bonafide and necessary.

17. The amendments sought to incorporate detailed pleadings and specific
reliefs, which were not properly set out earlier, are necessary for effective
adjudication of the dispute. The same do not change the nature of the
Complaint and no prejudice would be caused to the Respondent, particularly
when the Respondent has chosen not to contest the application and the
Respondent is having opportunity to upload the reply. In view of the above,
the application deserves to be allowed.

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O R D E R

1. The present application is allowed.

2. The Complainant is permitted to implead Ms. Suhita Dhondiram
Suryavanshi alias Mrs. Suhita Sanjay Kadam as Complainant No. 2

3. The Complainant is permitted to delete “Sai Life Devtaa” and “Sai Life
Devtaa Realtors” from the array of Respondents2 and3.

4. The Complainant is permitted to carry out amendments in the complaint
in terms of the Schedule annexed to the application only.

5. No order as to costs.


Date: 27.04.2026 Ravindra Deshpande
Member2, MahaRERA


RAVINDRA
PADMAKARAO
DESHPANDE
Digitally signed by RAVINDRA
PADMAKARAO DESHPANDE
Date: 2026.04.27 13:00:13
+05'30'