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


COMPLAINT NO. CC12501216

MEHUL KOKILCHANDRA DHOLAKIA
…COMPLAINANT/S
VS
YASHODHAN ASSOCIATES
… RESPONDENT/S


MAHARERA PROJECT REGISTRATION NO. P52100004257

Order
(Interim)
July 16th, 2026
(Last Date of hearing – 16.06.2026 matter was reserved for orders)


Coram: Manoj Saunik, Chairperson, MahaRERA

Complainant present in person
Representative present for the respondent

1. The complainant claims to be a homebuyer/subsequent allottee within the
meaning of section 2(d) of the Real Estate (Regulation and Development) Act,
2016 (hereinafter referred to as the “Act”) of Real Estate Regulatory Authority
(hereinafter referred to as the “RERA”) and the respondent i.e. Yashodhan
Associates is the promoter/developer within the meaning of section 2(zk) of the
Act. The respondent is registered as the promoter of the project namely
“MAHAVEER RESIDENCY” under section 5 of the Act bearing
MAHARERA
Project Registration No. P52100004257
(hereinafter referred to as the “Project”).

2. As per the MahaRERA project registration webpage, the proposed date of
completion was 31.12. 2017.Further, the revised proposed date of completion was

31. 12.2018. It is observed that promoter has uploaded occupation certificate
dated 13.12.2015 for building 1 consisting of wing A and B in respect of the
project on the MahaRERA web portal.

3. The complainant is seeking the following reliefs:
“1. Legal action against builder from MafaRERA on all voilation of rules and regulation and non-
renewal of Project extension from 31 Dec 2018 2. Compensation for Delay in possession with 3%

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per month intreast from the date of possession mentioned in agreement 3. Compensation of
maintenance paid till date with 3% per month intreast from FY2019 4. Compensation of Property
tax paid be me including unaccountable cash of 5000/- demanded by Tax officer which was
imposed on me from FY23 without OC and incomplete safety works. 5. Order to builder for
removing Trasnformer installed in Basement to avoid future risks. 6. Order to builder to allocate
me proper parking in basement parking in C, D wing 7. Order to builder for removing all
parkings sold to A, B wing owner under wing C, D premises 8. Order to builder for removing
unlawfully allocating parking spaces within the common lobby areas of wings C and D 9. Order
builder to comply all safety norms by completing and improving existing poor quality of works
for all electricity cabling, improvment of poor columns in basement.”

4. The captioned complaint was heard on 16.06.2026 wherein the following
Roznama was recorded by this Authority :(listed at sr. no.10)
“Heard both parties. The matter is reserved for orders.”

5. Before adverting to the merits of the present complaint, it is pertinent to note
that the subject apartment as per the submissions was originally allotted by the
respondent-promoter to Mr. Yogesh Mutha and Mrs. Geetal Mutha (hereinafter
referred to as the "original purchasers"). The complainant has placed on record
the possession letter dated 12.12.2018, which records that possession of the
subject apartment was handed over to the original purchasers. Thereafter, the
original purchasers transferred the ownership of the subject apartment in
favour of the present complainant by way of a registered Assignment Deed
dated 08.01.2019. The complainant claims to have acquired the subject
apartment as a subsequent allottee and has instituted the present complaint
seeking various reliefs against the respondent-promoter. It is, however,
clarified that this Authority is not, by the present

INTERIM ORDER

, adjudicating
upon or expressing any opinion on the status of the complainant as a
subsequent allottee under the provisions of the Act and all rights and
contentions of the parties in that regard are kept open for consideration at the
stage of final adjudication.

6. Upon perusal of the material placed on record, it is observed that the
complainant has placed on record the registered assignment deed dated

08. 01.2019 along with the Index II evidencing acquisition of the subject
apartment from the original purchasers. It is further observed that although

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reference has been made to the agreement for sale executed between the
respondent-promoter and the original purchasers, the complete copy of the
agreement for sale has not been placed on record by either of the parties. In the
absence of the said agreement for sale, this Authority is unable to ascertain the
terms and conditions governing the original transaction, which are necessary
for effective adjudication of the present complaint.

7. It is further observed that the complainant has raised grievances regarding the
completion status of the project and has contended that the occupation
certificate in respect of the remaining wings registered under the project has not
been obtained. In the absence of the updated status of the project and the
relevant statutory documents relating to the completion of the remaining
registered wings, this Authority considers it necessary to call upon the
respondent-promoter to place the requisite documents on record before
proceeding further with the adjudication of the present complaint.



INTERIM ORDER

8. In view of the foregoing observations, this Authority is of the prima facie
opinion that the material presently available on record is insufficient for
effective adjudication of the present complaint. Accordingly, the following
interim directions are issued in the interest of justice:

A. The respondent-promoter is directed to upload on the complaint portal the
updated status of the subject project together with the occupation
certificate(s), if obtained, in respect of the remaining wing(s) registered
under
MahaRERA Project Registration No. P52100004257
, within 30 days
from the date of this order.
B. In the event that the occupation certificate in respect of the remaining
registered wing(s) has not yet been obtained, the respondent-promoter
shall, within the aforesaid period, file an affidavit before the Secretary,
MahaRERA, setting out the present status of the project, the stage of
completion of the remaining registered wing(s), the reasons for non-
obtaining of the occupation certificate and the steps taken for obtaining the

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same. A copy of the said affidavit shall also be uploaded on the complaint
portal.
C. The complainant, claiming to be the subsequent allottee, is directed to
upload on the complaint portal a complete copy of the original agreement
for sale executed between the respondent-promoter and the original
purchasers within the aforesaid period.
D. Upon expiry of the aforesaid period, the matter shall be placed before the
Authority for appropriate orders based on the material available on record.


Manoj Saunik
Chairperson, MahaRERA


Copy to Secretary, MahaRERA

MANOJ
SAUNIK
Digitally signed by
MANOJ SAUNIK
Date: 2026.07.16
09:18:37 +05'30'