COMPLAINT NO.: CC12502633


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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY
AUTHORITY, MUMBAI
Virtual Hearing held through Video Conference as per Circular No:
49/2025

COMPLAINT NO.: CC12502633


TAMUBAI BHAWARLAL PARMAR JAIN
…COMPLAINANT
Vs
RKE BUILDERS & DEVELOPERS
…RESPONDENT


MahaRERA Project registration No. P51800046233


INTERIM ORDER


(05.03.2026)
(Date of Hearing: 06.01.2026)


Coram: Shri. Ravindra Deshpande, Member II, Maha RERA

Advocate Makarand Rout for the Complainant
Advocate Dishang Shah for Respondent

1. The present application dated 13.01.2026 has been filed by the
Respondent on MahaRERA website on 15.01.2026 thereby seeking
condonation of delay and extension of time to place the affidavit in reply
on record.

2. Pursuant to the order dated 09.10.2025, time till 04.11.2025 was granted
to the Respondent for filing Reply on record. The Respondent by way of
this application seeking extension up to 06.01.2026, i.e. the next date of
hearing for filing the Affidavit in Reply to the Complaint.
The brief submissions of the Respondent in the Application are as below:


COMPLAINT NO.: CC12502633


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3. The Respondent submits that the delay in filing the Affidavit in Reply
was neither wilful nor deliberate but occurred due to bona fide and
unavoidable circumstances. The Respondent had no intention to
disregard or disobey the directions of this Hon’ble Authority and the
delay is purely procedural in nature.

4. It is submitted that immediately after the hearing dated 09.10.2025, the
partner of the Respondent had to travel out of station during the Diwali
period, which was followed by court vacations. Due to these intervening
circumstances and overlapping professional commitments in several
matters of the same promoter, the drafting of the Reply inadvertently
remained incomplete.

5. The Respondent further submits that he was under the bona fide
impression that the Reply was in the process of finalisation along with
other connected matters and therefore there was no intentional delay in
the present proceedings.

6. The Respondent also states that during the said period he was engaged
in ancillary legal proceedings arising out of the same subject matter,
including an FIR lodged by the Complainants at Malad Police Station, in
which the promoters were required to seek legal remedies and were
eventually granted bail by the competent court. These proceedings
consumed considerable time and attention of the Respondent.

7. It is further submitted that the present Complaint itself is at a
preliminary stage. Upon receiving intimation from MahaRERA through
email and SMS regarding listing of the matter on 06.01.2026, the
Respondent immediately contacted his Advocate and ensured that the


COMPLAINT NO.: CC12502633


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Reply was finalised and uploaded on the MahaRERA portal on 05.01.2026
prior to the scheduled date of hearing, thereby demonstrating due
diligence and prompt action.

8. The Respondent therefore submits that the delay deserves to be
condoned as the Reply has already been filed before the next date of
hearing and no prejudice has been caused to the Complainant. Refusal to
condone the delay would result in adjudication without considering the
Respondent’s defence and would be contrary to the principles of natural
justice. Hence, the Respondent humbly prays that the delay be condoned,
and the Reply be taken on record in the interest of justice.

9. The Complainant has filed Affidavit in Reply dated 21.02.2026
uploaded on MahaRERA website on 23.01.2026 in response to the present
Application thereby strongly opposed the same.

10. The Complainant, in his reply, has denied all the contentions and
submissions of the Respondent regarding the delay in filing the Affidavit
in Reply and submits that this is not the first instance of such conduct by
the Respondent. It is further contended that the Respondent is adopting
delaying tactics to prolong the proceedings, as in a connected matter
pertaining to the same project in
Complaint No. CC006000000408558
of
2023 filed by Mr. Sanjay Mahendra Parmar (Jain) HUF, the Respondent
had similarly defaulted in filing the Affidavit in Reply, for which this
Authority was pleased to impose a cost of Rs. 5,000/- upon the
Respondent.

11. It is further submitted that the aforesaid facts clearly demonstrate that
the Respondent has deliberately and malafidely attempted to delay the


COMPLAINT NO.: CC12502633


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hearing and prosecution of the present Complaint. The Respondent’s
conduct indicates an intentional attempt to prolong the proceedings and
cause unnecessary mental harassment to the Complainant. In view of
such conduct, the Respondent has approached this Hon’ble Authority
with unclean hands and is therefore not entitled to seek any equitable
relief. Hence, the present Application deserves to be rejected with costs.

12. I have carefully considered the Application and the Reply filed by both
the parties. It is observed that the Respondent has failed to comply with
the directions of this Hon’ble Authority as recorded in the Roznama dated

09. 10.2025, whereby the Respondent had sought and was granted four
weeks’ time to file the Affidavit in Reply but failed to upload the same
within the stipulated period because of which the Complainant was
unable to file the Rejoinder, if any, due to short time which leads to delay
in the final hearing of the Complaint. However, in the interest of justice
and for proper adjudication of the Complaint on merits, it is considered
just and appropriate to allow the present Application so as to afford the
parties an opportunity to place their case on record. Therefore, in my
opinion the application deserves to be allowed by imposing cost. Hence,
I pass the following order: -
O R D E R

1. The Application is hereby allowed subject to the cost of Rs. 3000/-
payable to the Complainant.

(Ravindra Deshpande)
Member-II, MahaRERA
Date: - 05.03.2026
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Digitally signed by
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Date: 2026.03.05
19:03:37 +05'30'