BEFORE THE MAHARASHTRA
                        REAL ESTATE REGULATORY AUTHORITY, MUMBAI

                           Virtual Hearing held through video conference as per
                                    MahaRERA Circu-iar No.: 27 / 2020

                                   REGULATORY CASE NO.77 OE 2O?3

         1. KT{NCI L\N KUI\/LAR
         2. MR, OMPRAKASH NAGENDRA AKLU SAH
         3. MRS. SUDEEPA OMPRAKASH GUPTA
         4, MR. VAIBHAVSHANKARBENDRE
         5. MR. SANDEEPKSHIRSAGAR
         6. MRS. SINDHU DASHRATH KSHIRSAGAR                                          ... APPUCANTS
         7. MRS. GEETA AMOL DHAWAN                                                        (ALLOTEES)
                                                      VS
         SHRI SAI ASSOCIATES                                                  ...RESPONDENT NO.1
                                                                                      (PROMOTER)
                   IN MAHARERA PROJECT REGISTRATION NO. P521OOOU749
                                        AND
                                                      VS
         INTERCONTINENTALINFRASTUCTI,'RELIMITED ...RESPONDENTNO.2
                                                                                        (PROMOTER)
                   IN MAHARERA PROJECT REGISTRATION NO. P521fiN4842

                                                     ORDER
                                                December 01, 2023
                         (Date of uirtual hearing - 25.10.2023, matter resercted for order)

                           Coram: Shri. Ajoy Mehta, Chairperson, MahaRERA
                           Shri Mahesh Pathak, Hon'ble Member-L MahaRERA
                                 Advocate Nilesh Borate for the Applicants
                              Advocate Parth Chande fol the llesponclent No.1
                              Advocate Janak Lunkad for the llespondent No.2.

             1   1he Responcient No. t herein hacl registerecl the Prqect nanely " PFIASE III - J1
                 BUILDING" under section 5 of the Ileal Estate (I{egulation and Development)
                 Act,2016 ("said Act") of Real Estate Regulatory Authorilv ("RERA") bearing
                 MAHARERA Registration No. P52100011749 (hereinafter referred to as the
                 "said Proiect No.1"). The Respondent No. 2 herein had registered the project



                                                     Page 1of 8

                                                                                                         $/
                                                                                                . -(,,
atLt                                                                                            \^$
       ';U
                                                                                                               No'
          narncly "THE URBANA" uncler said Act bearing IvIAHARERA Registration
          P52100048342 (hereinafter referred to as the "said Proiect No'2")'



  2       On 02.09.2023, an applicatir:n was macle bv the Applicants (Altottees) seekilg
          tl.re follorving reliefs:

          "o. 71rr Applicatit',n tt.f tltc Applicants may kindltl be allotoed t'or bcttcrnznt of thc nid
          nroittl.
          'b. Affropri(1t,; aitiott i: r','ry ttLuch needctl agilitlst tlv Respondcnt No 7 E 2 ott an
          rir,grnt hnsis.
          c.'Hon'blc Attthtn itrl nLall not tntcrtaitt rtrtu tpplications, u,pdates' or reprcscntations
          ntuLla by tlrc RdsponrL,lts'or lh cit ngants, sc1't\111ts, POA holders,
                                                                                  or antlone uho acts ort
          their h:lnlJ in rcspect of tlr h'.ilt ttn' proiect registtatiott No P52'100011749
                                                                                                       €t

              P52100048342.
          d.'Ihc hottt the projrct registl'dtittn No. P52-10001L749 & P52700048342 may kindly
                                                                                                                 be

          kept in rtberlant:c titt fnal Llis1tosal of thc present appl'!t*': . .
          e."flt llcsittttdcnt No. 2 or ttuir igents, scrunnts, POA h'olderc, anLl anyona uho octs
          t,n tltcit- ItrtlutlJ be restrtineLj tenLpoiuily to atlocrtise, market, book or creLtte nny third-
          partrl rights ir1 olfer for sale, entcr into'agrcemutt t'or saLe t'o.r.any a7al'tnvnt itt the stitl
          'profict
                       icgisn]atiin fuo. 1'j52'100018342, tilt ftntl disposa-l oi-tlu present ttpplicntion
                      Rci;pontant No. 2 or tlrir ngcnts, stl?nnts, POA lnlders, and ttrttltstu ulrt acls
           'f. 'ihr:                                                                                             tttt
          'thtir                                                                                     institutiolls
                     behat.f bc rcstroined tempttrniiltl to obtain any lonn either {t'ot.n f nancial
                                                                            htuentoty  of the <oid nau  ptoiect'
            or lnucston's agtinst tlu Ptojcct land        Ltntl ar Llnsoltl
                 'I'he  llespoirlenf No, 2 oi their agents, serl'atlts, POA       ht'Iders, and anrlotte tttho ncts
           g.
           Zn thcit htla|f hc rcstrnineti pcrntatuttly to e tel- itlto tfu saitl project              nntl  dts thc
             cons|l'uction actil)itv i\latsococr itr tnture.
            h. Hon'hlc Attthoriiy nny ki,tlty bc takcn stringent action agaitst tlt Responclcnts Jbr
             indulgittg tn unfair trndt practice.
            i. anil oittr luit nnLl cLTuitable ttrrlar nnv kindlv be in.fttLtout of the Applicnnts "


      3       In this regard the captioned case was heard on 25 10 2023 nfierein the follou'ing
              roznarna was recorclecl bv this Authoritv in the captioned matter:
              " ,Ary  iurrt states tlutt therc are allottces rtttLl tluy notu fnd tlut onc I'uilding hds 8ol tz{'o
               re1istt'ation nurubtrs. Ttt Applicant stLltes tlat tlv RcsponLlet:l Ntl2 ls tla ncitt
               pio tottt, arrLl tlt ttttL, Pronutttr lns g1nc alaatl to seek a .fi'aslt registrntion nunther      b.L1


               LtsitLg Llocufiunts ttf thc Lttrl project anLl oltl registratiott nunrber tL,itlL,:tul taking
                                                                                                             thtir
                                                                    a neu registt ation mtmher is
              llLrnlisstt)fi. Tltis u,as an ongoitry pttticct, antl                               'ld'dssrlrl
               iplticlt shtttlLl haoe beut ttkcn onhl substqtcnt to the coflsent of thc tllottces Thc
              Applicant furtlw aucrs turLl sctks orclers tli.ccting both the project rtgistration nu lbcts
               *i bc kcpt' itt alterlanct and no sale to take place or customcrs being soliciteLl tiLI tha
              ()t.ttcow: (f tllis nttcr.


               Resptttrtlt,nt No.l poirrts out to thc uariotts ortiers of the Authority stati118 tltLtt tllis is tl
                                            a
               reguldtot.v jtlt)ttet inll nol   aLltersrtrinl nrcLtter zuhiclt is dtalt separatehl lty REIIA.1-he


                                                       Page 2 of 8


                                                                                                                \L
NjJ$                                                                                                      N '(r}
                                                                                                           \
            Applictrtt lure is buyer and iJ he has grieunne, la sh-ould ':.!': hlou the
                                                                                             Authority
            untler relecant sectiins of RiIIA rather thnn apptoachittg RER-A
                                                                                    or this matter as d
            rcgulatory complaint. 01; this couttt itsel.f, the matter does not stand'

             Responrlent No.1 furttw states thrtt these ucrtl applicants had
                                                                                              approached thc
            iiir,,airotirg olficir trtrt certdit'I orLlers tL'ere Passcd uthich are under challenge before
                                                                                              the High Court'
            tl,J fritunoi. Tie orrler of tlrc CttllectLtr is also tLncler clallenge he'fote
              lksporulent No.1 furttar citntcnrTs that      tll   nctions taken bt1    tlum   luzte heen tlotr
                                                                                 l1ot tsketl dny action in any
              subiseqtLcrtt to consents of nll tlu concernetl ollottees' He hns
             ioay toltich jeoptrdises or cotnprt'ttnises the rights of the allottees          in   tlte Proiect'
                           N o.2 is presen t tlnd adopts the submissiotts of Respondent
                                                                                        No 1'
             Ileipondent

             Partics rtre at libetty to file written sultmissiotts, if Ltnt4, on or before
                                                                                                   20'11'2023
             subscqr.tent to wttich, the mt)tter uill be resetaed t'or order'"


        4   The brief submissions of the Applicants are as follows:
                                                                                        to
             a. That Respondent No. 1 is the promoter and developer who has undertaken
                develop a project 'swapnanagari' under different phases and one of them
                                                                                         is

                 "Phase-III-I1 and J1 Building" and the said Proiect No' t has been registered

                 with the MahaRERA.
             b. That Applicants are allottee who has purchased flat beadng Nos' JI-307 J1-502'

                 J1.-7 06 Jl 4m7 and K1-508.

               c. That the Respondent No 2 is the Promoter who has registered the said Project
                 No.2 with the MahaRERA
               d. That the RespontLent No. 1 while registering the said Project No 1' had shown
                  2Independent buildings 'Phase-III 11 Building' and'Phase III J1 Building of
                 which the resPective Flats of the Applicants are situated in "Phase III 11
                  Building'.
               e. That the Respondent No. 1 made changes by dividing 1 building namely
                  "Phase III J1 Building" in two parts (i.e Phase lll - 1't to 7tt1 Jloors €r Plfise lll - 9th

                  to 11ttt Jloors) in the said Proiect No 1 without knowledge and without
                  obtaininglequisiteconsentfromtheApplicantsarrdotherallotteesofthesaid
                  Project No.1.

               f. That the Respondent No. 2 now has registered the said Proiect No 2 with dne
                  MahaRERA Authority wherein the Respondent No 1 is shown as i e'



                                                       Page 3 of8




\   att--"le
                                                                                                          \"tr
                                                                                          namely
                Promoter (landowner/ Investor) and has shown only one building
                "Building I1".
                                                                                        of
             g. That the Respondent No. 2 has uploaded all the requisite ciocuments
                                                                                 MahaRERA
                Respondent No. 1's Proiect for obtaining registration number for
                 AuthoritY.
             h. That the Respondent No. 2 has failed to upload revalidated Commencement
                Certificate/ building plans Pursuant to any change of plans while registering
                 the said Project No.2.

             i. That the Respondent No. 2 if at all have to register new Project due to change
                                                                                                said
                 in plans then in that case the ResPondent No 2 f irst had to de-register the
                 Project No. 1 with prior consent of the Applicants which the Respondent
                                                                                                No'

                 2 has failed to do.

               j. That the Respondent No. 1 & 2 are hand in glove with each and other and
                                                                                                and
                 have played fraud not only upon the Authority but also the Applicants
                 other allottees in the said Proiect Nos 1 & 2
               k'TheApplicantsthereforePraythatintheinterestofalltheal]ottees,boththe
                  Proiects may kindly be kept in abeyance till final disposal Further the
                 Respondent No. 2 may be restrained temporarily to advertise' market' book
                 or create any third-party rights by offer for sale, enter into agreement for sale
                  for any apartrnent in the said Proiect No 2'


         5     The brief submissions of the Respondent No. 1 are as follows:

               a. That the Respondent No. t has obtained sanctioned Plan on land of more than
                  40 acres. That the Respondent No. 1 envisioned a township proiect consistirg

                  of approximateiy 42 builling to be developed in phases' That the gat Nos'
                  40^1,460,46"1,462,463,471',469,4?0 & 474 fotm Part of the said larger land and

                  their details of total area acquirecl has been more specifically dealt in the table
                  provided in the submission.
                b. That below are the details of each phase being developed on the larger land
                  of the said Proiect Nos.1 & 2:



                                                   Page 4 of 8
                                                                                                        \\--
\".,lt---1,^                                                                                  V$*
                                              BUILDINGS F'oR]'-r.-'.   ..


                            TOTAL NO.          WHICH RER.{-          .-         RERA
            sR.                  OF         REGISTRATIoN W-AS-I,l           REGISTRATION
                  PHASE
            NO.             BUILDINGS        REQUIRED & WAS ' ''                 NO.
                                                REGISTERED
                                           6 (21 buitdings comPleted         P52100010202
                  Phase-l        26
             1
                                              in PTeJiERA pe riod)
                                  5                     3                    P521000108m
             2    Phase-2
             3    Phase-3         3                     2                    P527ffi71749
             4    Phase-4         3                     2                    P521mfl0801
                                  2                     1                    P5 2100011910
                  Phase-5
                  Phase-6         3                     2                    P52100012061
             6



         c. That the regulatory complaint is not maintainable in view of the
                                                                             order/

            circular issued by the MahaRERA As the regulatory complaint means
                                                                                    such
           applications filed by the Promoter towards the compliance of the proiect
           as extension, de-registration, change in Promoter etc which
                                                                        require hearing

           and the Authority has the power to conduct hearing ln case if the allotees
                                                                                 31 of the
           desire to file complaint then the same can only be done under section

            said Act.

         cl. Therefore, the regulatory compiaint to be dismissed as it has
                                                                                     not been filed

            under proper provisions of the said Act and lack iurisdiction'
         e. That Proiect No. 2 (i.e Building 11) was handed over to the Respondent No
                                                                                      2

            by the Respondent No.l vide development agreement dated 30 05 2022
            (hereinafter referred to as the "said agreement")'

         f. Further it is pertinent to note that orily Building 11 rights were transfelred for
            development to the Respondent No. 2 and the building )1 is being developed
            by Responrlent No.1. Pursuant to this transfer the Respondent No 2 opted for
            new Proiect regiskation number.
          g. The Applicants namely at Sr. No. L,2, 4 &.5 had filed frivolous complaint
             against the Prom oter (details of tohich are mentioned in the tahle belozo). The order

             ctated 26.08.2019 was passed by tl're Adiudicating officer, MahaRERA in which

             the Respondent No. t had file appeal. The said appeals in all the four
             complaints have been dismissed on account of technical issues i e non-
             submission of hardcopies. However, the Appellant i e Respondent No 1
             herein is filing a restoration application for restoration of the said appeals'


                                               Page 5 of8




Q*e-*r                                                                                       \-
            sR.                                            COMPLAINT              APPEAL NO.
            NO.
                          APPELLANT DETAILS                  . NO.
                                                          cc05000000011867      AT005m0000144245
             1             KANCHAN KU N'IAR
                                        K L U S AH        cc05000000011482      AT005m0000 44247
             2    o M PR KA SH N CE N D R                                                   1




                      VEIBUAV SHENKAR BENDRE              cc0500m00011701       AT00sm0000144248
             3
                                                          cc050000000.1 1868    AT005m0000052086
             1            saNortp xsutnsecen

                                                                                       and the
         h. That the execution proceeding was preferred by the Appellants
                                                                                took stePs'
            execution order was issued and the collector on the execution order
            However, the steps of collector were unlawful in view therefore writ
                                                                                   pehition

                7850 oI 2O2j was filed by the Respondent No' 1 before the
                                                                                   Hon'ble
            No.
            Bombay High Court
         i. That the Respontlent No. 1 is the perforrning Promoter and has also obtained
            part OC dated, 2310.2023 for J1 building which includes dre flats of the
            Applicants and shall obtain full OC within a period of 6 to 9 months'
            Therefore, any adverse order against the Respondent No 1 shall
                                                                                      affect the

            Project and the other Allotees in the said Project No 1
         j. That the ResPondent No 1 under section 15 of the said Act could not register
            Respondent No. 2 as tlne Promoter as the whoie Project was registered
                                                                                          under

            the said Proiect No.1 and only a part of the said Proiect was
                                                                               transferred to the

             Respondent No.2. Therefore, the Respondent registered 11 separately'
                                                                                      of
          k. That consent of all the 13 allottees in 11 building regarding the change
             promoter was taken by the Respondents' And that the consent of J1 allotees
             was not required as already part OC was obtained'
          l. That the said agreement including the constructions of building 11 and M1
             and the buildings of the Applicants are out of the scope of the present
             complaint.
          m.That an inadvertent error has occurred by the Respondent No 1 and steps are
            taken vide applicarion and payment receipt dated 1]"11 2023 for deletion of
             building 11 from Phase-11 of the said Project No 1'
           n. The Respondent No.1 prays that deletion ofll building should be allowed and
              both the RERA registration numbers should survive and the same is arisen


                                            Page 6 of 8

                                                                                                    N
\^r--^                                                                                     \t
                                                                                                          the opPoltunity
                  out of inadvertent mistake and the ResPondent shall be given
                  to rectify the same.



        6    That the Respondent No. 2 was Present on the date of hearing 08 11'2023'
             However, it is observed that despite time being given to the Parties to file written

             submissions the Respondent No 2 has failed to file any replies'
                                                                                                                alfidavits or

             submissions. Further, the Applicant & the Respondent No 1
                                                                                                                  have filed
                                                                                                          taken on record'
             submissions which the Authority has perused and the same are


        7    The following observatiors are made by the Authority



              1             28.OL2073      Commencernent Certif icate
              2_            03.08.2017     Date of registration applied for Project No1. The following is the
                                           extension applied in the said Proiect No. 1:
                                           . 31.08.2017 to 31.12.2019 - sought at the time of aPPlication'
                                           o 31.12.2079 to 30.12.2020 - sought under section 6 of the Act for one
                                              year.
                                           . iojlz.zozo to 20.03.2021 - covid-19 extension of three months Sranted
                                              by the Authority
                                           . s6.os.zozr to 30.06.2021 - covid-.I9 extension of three months granted
                                              by the Authoritv.
                                           . s6.oo.zozr to 30.12.2021 - covid-I9 extension of six onths granted by
                                              the Authorit,v.
                                           c 30.12.2027 to:f.Og.zoZo - aPPlication pending due to conPliance o[
                                              documents to be submitted         the Promoter
                  3         28.0A.2079     Order      sed ' the Ad udicatin officer, MahaRERA
                  4.        03.oL2021,     Order passed bv the Adjudicating officer, MahaRERA for recovery under
                                           section 40 of d1e Act
                  5         30.o5.2022     Development agreenrent executed between the Respondent No. 1 & 2
                                           and the landowners
                  6          22.1-1.2022   Date o(       tlation a lied for Pro t No-2.
                                                                                                                   (or
                  7          26.1L2022     Registration certificate for Project No. 2 was issu ;d by the Authority
                                                  26.12.2022 ro 3-1.03.2026
                  I          77.O3.202i     W.it P"tition No.(st) 7850 of 2023 was fited by the ResPondent No 1
                                            before the Hon'ble Bomba Hi           Court
                  9          10.04.2023     All the four a   ea I s ha e b een d ts m lss ed o n ac coun t of technic a I I ssu es
                                                                                                                               has
                  10         24.O5.2023     Extension application pending before desk 2 wherein the ResPondent
                                            sou ht extension of Pr    t No.1 till 31.03.2026
                  11         2-t.06.2023    Correction ApPlication aPPlied by the Respondent No.2 in Project No.2
                                            for Project nan,e change from "In terconli enlal SuaPrul NnSdri" to "The
                                            Urfum" d:ue to    o a hical error
                      12.    30.06.2023     Co..".t"d Registration issued by the Au thority for Project No.2 for
                                            Pro       name chan
                   13        23.10.2023     Pu.t oc.rpa.cv certificate issued by Chakan MuniciPal Council for
                                                    17   rkin stilt+6 floors


                                                                Page 7 of 8

                                                                                                                                     (L,.

\alt^-"rt,                                                                                                                 vs"
       14
               -t7.11,.2023   Correction Application aPPlied by the Respondent No.l in sai d Project
                              No.1 for deletion of buildi      11 from Phase-11 of the said    ect No.1
        15     22.11.2023     Corrected       tration certif icate issued   the Autho      for      t No.1




8      From the submissions of the Parties herein the issue that needs to be examined
       is tohether the Appticant (Allottees) arc entitled to seck any relieJs TDith resPect to tl'Le
       said project Nos. P52100011749        a P52100048342 under tlv said Act? The details of
       the reliefs sought have been enumerated above.



9      On perusal of the documents, it is observed that there had been an inadvertent
       error in including one of the buildings namely 11 while issuing the first said
       Project No. 1 i.e. P52100011749. The captioned case was heard on 25'70 2023
       subsequent to which the correction application was made by the Respondent No'
       1 with regard the inadvertent error mentioned hereinabove' The correction
       appiication was allowed and a correction registration certificate for the said
       Project No. 1 was issued on 22.1,7.2023 - Thus, the issue raised by the Applicant
       herein does not survive in view of the correction registration certificate for the
       said Project No. 7 dated 22.11'.2023



 10_ In view of the above the Authority sees no merits in granting any lelief to the
       Appticant herein pertaining to the said Project registration numbers. Further the
        said Project No. 1 & 2 shall remain valid and subsisting The caphioned case
        disposed of. No order as to cost.

*9ait.--^tr                                                                                 [-^ v-1!"-
    (Mahesh Pathak)                                                                  (Aid1t[ [,tetrta)
    Member-I, MahaRERA                                                     Chairperson, MIhaRERA




                                                  Page 8 of8