CC001000000030271 BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY, MUMBAI Hybrid Hearing held as per MahaRERA Circular No.: 48/2025 Complaint No. CC001000000030271 1.​ SWAPNIL JAGANNATH SARODE 2.​ RITA SWAPNIL SARODE 3.​ SATISHCHANDRA BADRIPRASAD GAUR 4.​ DEEPA SATISHCHANDRA GAUR 5.​ VIVEK SINGH 6.​ SMITA VIVEK SINGH 7.​ SAGAR GOPICHAND VARUDE 8.​ VARSHA SAGAR VARUDE 9.​ AMITKUMAR VIJAYKUMAR GANDHI 10.​SHEETAL AMITKUMAR GANDHI 11.​DHANESH DILIP TOTALA 12.​PRANALI SUDHIR BHATTAD/ PRANALI DHANESH TOTALA 13.​AMOL MANIKLAL NAGORI 14.​MADHAVI AMOL NAGORI 15.​KALPANA GOVIND VEDHANE 16.​VRUSHALI ANIL NERKAR 17.​DR. RAJENDRA AANNASAHEB CHOUDHARI 18.​DR. MRUNAL RAJENDRA CHOUDHARI 19.​SANJAY SUBHASH GHUGE 20.​TEJAL SANJAY GHUGE 21.​KISHOR SHANTARAM RAJPUT Page 1 of 9 CC001000000030271 22.​SHWETA KISHOR RAJPUT 23.​VILAS BHASKAR SALUNKE 24.​VAISHALI VILAS SALUNKE 25.​SANGRAMSING NAYANSINGH RAJPUT 26.​VAISHALI SANGRAMSING RAJPUT 27.​YOGESH PUNDLIK CHAVAN 28.​JAYASHREE YOGESH CHAVAN 29.​VISHAL DILIP AMRUTKAR 30.​SHARMILA VISHAL AMRUTKAR 31.​MANISHA GOVIND GAIKWAD 32.​TEJAS GOVIND GAIKWAD 33.​RAHUL MADHUKAR SHIRUDKAR 34.​ANKITA RAHUL SHIRUDKAR 35.​SANDEEP SAHEBRAO KHAIRNAR 36.​DIPIKA SANDEEP KHAIRNAR 37.​MAHESH TUKARAM DARGUDE 38.​SANGITA MAHESH DARGUDE 39.​KIRAN MARUTI GALANDE 40.​CHHAYA KIRAN GALANDE 41.​ANIL KAMLAKAR DESHPANDE 42.​ANJALI ANIL DESHPANDE 43.​BHAVESH SAHEBRAO NIKAM 44.​KRANTI BHAVESH NIKAM 45.​VISHAL AMOD VANIKAR 46.​MONIKA VISHAL VANIKAR 47.​ALKA GOPAL WAGH Page 2 of 9 CC001000000030271 48.​NIKHIL GOPAL WAGH 49.​PRASHANT MANOHAR DHAGE 50.​ABHILASHA PRASHANT DHAGE 51.​DR. MILIND NARHAR DEORE 52.​DR. ARCHANA MILIND DEORE 53.​VISHAL DEVIDAS GHARATE 54.​ARCHANA VISHAL GHARATE 55.​MANGALA RAVINDRA CHORDIA 56.​DINESH RAVINDRA CHORDIA 57.​YOGITA GOKULRAO BORSE 58.​TUSHAR BALASAHEB NIKAM 59.​SANJAY TOKARSI THAKKAR 60.​BHAKTI SANJAY THAKKAR 61.​SUNIL SHRIRAM WANI 62.​POOJA SUNIL WANI 63.​VINAYAK UTTAMRAO BORASE 64.​SMITA VINAYAK BORASE 65.​JITENDRA KAKAJI GANGURDE 66.​SUVARNA SHANTARAM BAVISKAR 67.​RUSHIKESH RAJENDRA KASAR 68.​SACHIN RAMESH VISPUTE 69.​SHRIKANT PURUSHOTTAM UPASANL 70.​LALIT KUMAR TIWARY 71.​GIRISH AGARWAAL 72.​NINAD TUNGAR 73.​SHAILESH RANGANATH UGALE (JUDGE) Page 3 of 9 CC001000000030271 74.​RAKSHA SUMIT AGRAWAL 75.​SUMIT AGRAWAL 76.​RAHUL ARVIND WARKHEDE 77.​MEENA DEORE 78.​PANKAJJ AGARAWAAL 79.​HARSHAL ANILRAO DESHMUKH 80.​SURAJ VALMIK BODKE 81.​HARSHADA SURAJ BODKE 82.​JAYKUMAR CHANDRLAL LOKCHANDANI 83.​DIYA JAYKUMAR LOKCHANDANI 84.​MINAKSHI DILIP MAHALE 85.​MAKRAND DILIP MAHALE 86.​SANDIP PARASHARAM MALI 87.​MONALI SANDIP MALI 88.​SANDIP DEORAM CHAUDHARI 89.​BHAGYASHRI SANDIP CHAUDHARI 90.​MANISHA PRABHAKAR MADAKE 91.​UDAY CHANDRAKANT DHAGE​ ​ ​ …COMPLAINANTS Vs 1.​ M/S. KARDA CONSTRUCTIONS LTD. 2.​ RAHUL KANAYALAL KALANI 3.​ ALKA ARVIND SURYAWANSHI 4.​ ANUP ARVIND SURYAWANSHI​ ​ ​ …RESPONDENTS MahaRERA Project Registration No. P51600020249 ORDER (27.05.2026) Page 4 of 9 CC001000000030271 (Date of Hearing: 13.08.2025) Coram: Shri. Ravindra Deshpande, Member II, MahaRERA Udaykumar Gaikwad (Representative) for Complainants CS Mayura Marathe (Respondent No.1) None for Respondent Nos. 2 to 4 1.​ The Complainants have filed the present complaint on 30.07.2022 seeking prayers against the Respondents to handover possession as per the dated mentioned in the Agreement for Sale and compensation and interest for delayed possession from the committed date of possession as per Agreement for Sale; an advisory guidelines from MahaRERA for parking area selling by builder against Rs. 2,00,000/- per car parking; demanded by Respondents in cash; appointment of observer on the project work, to check Financial and Quality norms and measures; to apply Sanctions on the Respondent No. 1 to bypass the process of revision of revised date of 'proposed date of completion' without taking a prior permission of the Allottees. 2.​ In short facts of the complaint are as follows: 3.​ The Complainants are the allottees of the Hari Kunj Mayflower project registered with MahaRERA under MahaRERA Project RERA Registration No. P51600020249 (hereinafter referred to as the “said project”), with multiple time of discussions with the Respondents, the Complainants were getting only a commitment about the possession of a flats from the Respondents, but actual possession has not given by the Respondents till this date of filing of the complaint. Page 5 of 9 CC001000000030271 4.​ The Complainants booked the flats in this project from 2018 onwards. As per the commitment of the Respondents, the possession date of handing over possession was 31.03.2021. But till the date of filing the complaint, the said project was not erected as per the schedule, the total project work was near about 30% and the Respondents had taken a payment from allottees amounting to more than 70% and in some case a 100% in the form of Time to Time CASH, Cheque and a withdrawal from Home Loan Account. The Respondents already transferred paid money by the allottees to another project and the Respondents are complaining about the funding problem for the said project, even though the Respondent had taken a more than 70% of the payment as per the discussion at the time of booking and requested to this Authority to grant the complainants the possession of flats at the earliest. 5.​ Construction work is going slowly. The Respondents had revised proposed date of completion without taking consent from allottees. Total Allottees are 127 against 182 Flats. 6.​ The Respondents had taken extra monies from the allottes showing the wrong progress of the project, most of the allottees had paid more than 70% of Money in the form of time to time CASH, Cheque and from Home Loan Account as per the commitment given at the time of booking. 7.​ The Respondents have withdrawn fund more than 30% which was not related to the work of the said project, even though more than 70% project work was ongoing. Page 6 of 9 CC001000000030271 8.​ At present, on actual site, construction work for the Building D & E was completed till 7th slab, Building A, B, C, 2nd Slab was Casted. The total percentage of completion of the said project was up to 30%. 9.​ Structure was not as per sanctioned plan, Quality of Material was poor, and not as per the standard norms. 10.​The Respondent has filed reply on 10.06.2025 thereby only stating that the Respondents have completed the said project and had initiated the procedure for obtaining OC and that many of the Complainants have already taken possession of apartments and list of the same was produced. 11.​The present complaint was lastly listed before this Authority on 13.08.2025, when, the Complainants were represented through a representative and the Respondent No. 1 was present through CS Mayura Marathe. The Respondent Nos.2 to 4 were absent even though the notice of hearing and the link of hearing was duly served upon the Respondent Nos. 2 to 4. Hence, the matter was proceeded ex parte against them. The CS appearing on behalf of the Respondent submitted that the Respondent has uploaded the reply on the MahaRERA website. The representative appearing for the Complainant submitted that he needed 3 weeks’ time to upload the rejoinder; therefore time till 09.09.2025 was granted to the Complainant to upload the rejoinder. Thereafter, time till 01.10.2025 was granted to both parties to upload written arguments. 12.​Considering the pleading of the parties, the following points arise for my determination. My findings thereon recorded as under for the reasons stated below: Page 7 of 9 CC001000000030271 REASONS Sr. No. Points Findings 1. Whether the Complainant are entitled to the Negative reliefs sought? 2. What Order? As per final order Reasons for point no. 1 13.​Before going into merits of the present complaint, at the very outset, it is seen that the present complaint has been filed as a common complaint by 94 Complainants seeking individual reliefs such as possession, interest for delayed possession which arose out of individual Agreements for Sale executed by and between the Respondent and individual allottee/s. In this behalf, it would not be out of context to rely on Order No. 11 of 2019 bearing No. MahaRERA/Secy/Order/1046/2019 dated 23.10.2019, whereby, inter alia in Paragraph No. 2 and 3, it is ordered that Group complaints shall be entertained only in respect of common relief claimed under Section 7 & 8 of the said Act or for common amenities and that individual complaint need to be filed separately for individual reliefs. In light of the above order No. 11/2019, this Authority is constrained to hold the present complaint non-maintainable for misjoinder for cause of action and parties as claim of each allottee arises out of distinct Agreements for Sale giving rise to separate individual claims. Hence, I answer the point no. 1 in negative and proceed to pass the following order: ORDER Page 8 of 9 CC001000000030271 1.​ The complaint stands not maintainable for misjoinder of cause of action and parties. 2.​ The Complainants are at liberty to approach this Authority by filing fresh individual complaints praying for individual reliefs. On filing individual complaints, the seniority of the present complaint shall be applicable to such fresh complaints. 3.​ No order as to costs. RAVINDRA Digitally signed by RAVINDRA PADMAKARAO PADMAKARAO DESHPANDE Date: 2026.05.27 16:20:56 DESHPANDE +05'30' ​ ​ ​ ​ ​ ​ ​ ​ ​ (Ravindra Deshpande) ​ ​ ​ ​ ​ ​ ​ ​ ​ Member-II, MahaRERA Date : 27.05.2026 Page 9 of 9