BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY, MUMBAI Hearing held through hybrid mode as per MahaRERA Circular No.: 48/2025 1. COMPLAINT NO. CC12501388 ROSHAN MANJAPPA SALIAN, …COMPLAINANT LATAKSHI ROSHAN SALIAN VS NEWONE CONSTRUCTIONS PRIVATE …RESPONDENT LIMITED a/w 2. COMPLAINT NO. CC12501391 ROSHAN MANJAPPA SALIAN, …COMPLAINANT LATAKSHI ROSHAN SALIAN VS NEWONE CONSTRUCTIONS PRIVATE …RESPONDENT LIMITED a/w 3. COMPLAINT NO. CC12501393 ANAND VIJAY RAORANE …COMPLAINANT VRUSHALI ANAND RAORANE VS NEWONE CONSTRCUTIONS PRIVATE …RESPONDENT LIMITED a/w 4. COMPLAINT NO. CC12501395 SIDDHARTH SHARADCHANDRA TIWARI …COMPLAINANT SHWETA SIDDHARTH TIWARI VS NEWONE CONSTRUCTIONS PRIVATE LIMITED …RESPONDENT a/w 5. COMPLAINT NO. CC12501396 YUVRAJ YOGESHBHAI PANDYA …COMPLAINANT SARVAJIT YUVRAJ PANDYA VS NEWONE CONSTRUCTIONS PRIVATE LIMITED …RESPONDENT Page 1 of 12 a/w 6. COMPLAINT NO. CC12501399 SHASHWAT SANJAY GOYAL …COMPLAINANT PRACHI URMIL DESAI VS NEWONE CONSTRUCTIONS PRIVATE LIMITED …RESPONDENT a/w 7. COMPLAINT NO. CC12501403 SACHIN RAMCHANDRA SHINGARE …COMPLAINANT ROHINI SACHIN SHINGARE VS NEWONE CONSTRUCTIONS PRIVATE LIMITED …RESPONDENT MAHARERA PROJECT REGISTRATION NO. P51800021913 Order August 21st, 2025 (Date of hearing – 09.07.2025, matters were reserved for order) Coram: Manoj Saunik, Chairperson, MahaRERA Appearance of the Parties Appearance of the Complainant/s Appearance of the Respondent/s Sr. No. 1 to 7 - Advocate Vivek Shukla Mr. Anand Walke 1. The complainants at sr. nos. 1 to 7 are homebuyers and allottees within the meaning of Section 2 (d) of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as the “said Act”) of Real Estate Regulatory Authority (hereinafter referred to as the “RERA”) and the respondent at sr. no. 1 to 7 is the promoter within the meaning of Section 2 (zk) of the said Act who has registered the project namely “SATELLITE ELEGANCE” under Section 5 of the said Act bearing MahaRERA Project Registration No. P51800021913 (hereinafter referred to as the “said project”). Page 2 of 12 2. On the MahaRERA project registration webpage, the proposed date of completion is mentioned as 30.12.2024 and the extended date of completion of the project is mentioned as 29.12.2025. The said project is yet to receive the occupancy certificate. 3. The complainants are seeking the following reliefs: Sr. Complaint No. Reliefs No. 1. CC12501388 a) That this Hon’ble Authority be pleased to direct the respondent to complete the construction and deliver actual, physical possession of flat no. A-705 in the said project, Goregaon East, Mumbai (Carpet Area: approx. 39.67 sq. mtrs.), to the complainants within a fixed time frame, along with all required occupation and completion certificate, without any further delay or cost. b) That this Hon’ble Authority be pleased to direct the respondent to pay compensation to the complainants for delay in possession, comprising, Rs. 40,000/- per month as transit rent, from 01.07.2024 onwards with an increment of 10% per annum in it until actual possession, calculated on market rent for similar properties in Goregaon East; Rs. 5,00,000/- as lumpsum compensation for mental agony, hardship, harassment, and loss of opportunity caused by the respondent’s wilful default; interest on all above amounts at the prescribed RERA rate (SBI MCLR + 2%) until final realization. c) That this Hon’ble Authority be pleased to invoke penal action against the respondent for its failure to comply with statutory obligations and MahaRERA directions, by imposing penalty under section 61, up to 5% of estimated project cost for contravening the provisions of RERA; by imposing penalty under section 63 for every day of continued default in complying with orders of MahaRERA. d) That this Hon’ble Authority may be pleased to direct the respondent to disclose on affidavit its complete list of movable and immovable assets, and further create a charge/ lien over such assets to secure recovery of transit rent, compensation and deliver of possession of the flat to the complainants, restrict any transfer, alienation or third- party rights over the said flat or any unsold units in the project, till compliance is ensured. e) That this Hon’ble Authority be pleased to pass such other or further orders as this Hon’ble Authority may deem just and proper, including award of litigation costs in favour of the complainants. 2. CC12501391 a) That this Hon’ble Authority be pleased to direct the respondent to complete the construction and deliver actual, physical possession of flat no. B-1701 in the said project, Goregaon East, Mumbai (Carpet Area: approx. 58.99 sq. mtrs.), to the complainants within a fixed time frame, along with all required occupation and completion certificate, without any further delay or cost. Page 3 of 12 b) That this Hon’ble Authority be pleased to direct the respondent to pay compensation to the complainants for delay in possession, comprising, Rs. 60,000/- per month as transit rent, from 31.12.2024 onwards with an increment of 10% per annum in it until actual possession, calculated on market rent for similar properties in Goregaon East; Rs. 5,00,000/- as lumpsum compensation for mental agony, hardship, harassment, and loss of opportunity caused by the respondent’s wilful default; interest on all above amounts at the prescribed RERA rate (SBI MCLR + 2%) until final realization. c) That this Hon’ble Authority be pleased to invoke penal action against the respondent for its failure to comply with statutory obligations and MahaRERA directions, by imposing penalty under section 61, up to 5% of estimated project cost for contravening the provisions of RERA; by imposing penalty under section 63 for every day of continued default in complying with orders of MahaRERA. d) That this Hon’ble Authority may be pleased to direct the respondent to disclose on affidavit its complete list of movable and immovable assets, and further create a charge/ lien over such assets to secure recovery of transit rent, compensation and deliver of possession of the flat to the complainants, restrict any transfer, alienation or third- party rights over the said flat or any unsold units in the project, till compliance is ensured. a) That this Hon’ble Authority be pleased to pass such other or further orders as this Hon’ble Authority may deem just and proper, including award of litigation costs in favour of the complainants. 3. CC12501393 a) That this Hon’ble Authority be pleased to direct the respondent to complete the construction and deliver actual, physical possession of flat no. B-2401 in the said project, Goregaon East, Mumbai (Carpet Area: approx. 58.99 sq. mtrs.), to the complainants within a fixed time frame, along with all required occupation and completion certificate, without any further delay or cost. b) That this Hon’ble Authority be pleased to direct the respondent to pay compensation to the complainants for delay in possession, comprising, Rs. 60,000/- per month as transit rent, from 01.07.2024 onwards with an increment of 10% per annum in it until actual possession, calculated on market rent for similar properties in Goregaon East; Rs. 5,00,000/- as lumpsum compensation for mental agony, hardship, harassment, and loss of opportunity caused by the respondent’s wilful default; interest on all above amounts at the prescribed RERA rate (SBI MCLR + 2%) until final realization. c) That this Hon’ble Authority be pleased to invoke penal action against the respondent for its failure to comply with statutory obligations and MahaRERA directions, by imposing penalty under section 61, up to 5% of estimated project cost for contravening the provisions of RERA; by imposing penalty under section 63 for every day of continued default in complying with orders of MahaRERA. d) That this Hon’ble Authority may be pleased to direct the respondent to disclose on affidavit its complete list of Page 4 of 12 movable and immovable assets, and further create a charge/ lien over such assets to secure recovery of transit rent, compensation and deliver of possession of the flat to the complainants, restrict any transfer, alienation or third- party rights over the said flat or any unsold units in the project, till compliance is ensured. a) That this Hon’ble Authority be pleased to pass such other or further orders as this Hon’ble Authority may deem just and proper, including award of litigation costs in favour of the complainants. 4. CC12501395 a) That this Hon’ble Authority be pleased to direct the respondent to complete the construction and deliver actual, physical possession of flat no. A-2601 in the said project, Goregaon East, Mumbai (Carpet Area: approx. 58.99 sq. mtrs.), to the complainants within a fixed time frame, along with all required occupation and completion certificate, without any further delay or cost. b) That this Hon’ble Authority be pleased to direct the respondent to pay compensation to the complainants for delay in possession, comprising, Rs. 60,000/- per month as transit rent, from 01.07.2024 onwards with an increment of 10% per annum in it until actual possession, calculated on market rent for similar properties in Goregaon East; Rs. 5,00,000/- as lumpsum compensation for mental agony, hardship, harassment, and loss of opportunity caused by the respondent’s wilful default; interest on all above amounts at the prescribed RERA rate (SBI MCLR + 2%) until final realization. c) That this Hon’ble Authority be pleased to invoke penal action against the respondent for its failure to comply with statutory obligations and MahaRERA directions, by imposing penalty under section 61, up to 5% of estimated project cost for contravening the provisions of RERA; by imposing penalty under section 63 for every day of continued default in complying with orders of MahaRERA. d) That this Hon’ble Authority may be pleased to direct the respondent to disclose on affidavit its complete list of movable and immovable assets, and further create a charge/ lien over such assets to secure recovery of transit rent, compensation and deliver of possession of the flat to the complainants, restrict any transfer, alienation or third- party rights over the said flat or any unsold units in the project, till compliance is ensured. e) That this Hon’ble Authority be pleased to pass such other or further orders as this Hon’ble Authority may deem just and proper, including award of litigation costs in favour of the complainants. 5. CC12501396 a) That this Hon’ble Authority be pleased to direct the respondent to complete the construction and deliver actual, physical possession of flat no. A-1803 in the said project, Goregaon East, Mumbai (Carpet Area: approx. 39.67 sq. mtrs.), to the complainants within a fixed time frame, along with all required occupation and completion certificate, without any further delay or cost. b) That this Hon’ble Authority be pleased to direct the respondent to pay compensation to the complainants for delay in possession, comprising, Rs. 40,000/- per month as Page 5 of 12 transit rent, from 01.01.2024 onwards with an increment of 10% per annum in it until actual possession, calculated on market rent for similar properties in Goregaon East; Rs. 5,00,000/- as lumpsum compensation for mental agony, hardship, harassment, and loss of opportunity caused by the respondent’s wilful default; interest on all above amounts at the prescribed RERA rate (SBI MCLR + 2%) until final realization. c) That this Hon’ble Authority be pleased to invoke penal action against the respondent for its failure to comply with statutory obligations and MahaRERA directions, by imposing penalty under section 61, up to 5% of estimated project cost for contravening the provisions of RERA; by imposing penalty under section 63 for every day of continued default in complying with orders of MahaRERA. d) That this Hon’ble Authority may be pleased to direct the respondent to disclose on affidavit its complete list of movable and immovable assets, and further create a charge/ lien over such assets to secure recovery of transit rent, compensation and deliver of possession of the flat to the complainants, restrict any transfer, alienation or third- party rights over the said flat or any unsold units in the project, till compliance is ensured. e) That this Hon’ble Authority be pleased to pass such other or further orders as this Hon’ble Authority may deem just and proper, including award of litigation costs in favour of the complainants. 6. CC12501399 a) That this Hon’ble Authority be pleased to direct the respondent to complete the construction and deliver actual, physical possession of flat no. B-3104 in the said project, Goregaon East, Mumbai (Carpet Area: approx. 65.96 sq. mtrs.), to the complainants within a fixed time frame, along with all required occupation and completion certificate, without any further delay or cost. b) That this Hon’ble Authority be pleased to direct the respondent to pay compensation to the complainants for delay in possession, comprising, Rs. 60,000/- per month as transit rent, from 31.12.2024 onwards with an increment of 10% per annum in it until actual possession, calculated on market rent for similar properties in Goregaon East; Rs. 5,00,000/- as lumpsum compensation for mental agony, hardship, harassment, and loss of opportunity caused by the respondent’s wilful default; interest on all above amounts at the prescribed RERA rate (SBI MCLR + 2%) until final realization. c) That this Hon’ble Authority be pleased to invoke penal action against the respondent for its failure to comply with statutory obligations and MahaRERA directions, by imposing penalty under section 61, up to 5% of estimated project cost for contravening the provisions of RERA; by imposing penalty under section 63 for every day of continued default in complying with orders of MahaRERA. d) That this Hon’ble Authority may be pleased to direct the respondent to disclose on affidavit its complete list of movable and immovable assets, and further create a charge/ lien over such assets to secure recovery of transit rent, compensation and deliver of possession of the flat to the Page 6 of 12 complainants, restrict any transfer, alienation or third- party rights over the said flat or any unsold units in the project, till compliance is ensured. e) That this Hon’ble Authority be pleased to pass such other or further orders as this Hon’ble Authority may deem just and proper, including award of litigation costs in favour of the complainants. 7. CC12501403 a) That this Hon’ble Authority be pleased to direct the respondent to complete the construction and deliver actual, physical possession of flat no. B-2303 in the said project, Goregaon East, Mumbai (Carpet Area: approx. 65.96 sq. mtrs.), to the complainants within a fixed time frame, along with all required occupation and completion certificate, without any further delay or cost. b) That this Hon’ble Authority be pleased to direct the respondent to pay compensation to the complainants for delay in possession, comprising, Rs. 60,000/- per month as transit rent, from 01.07.2024 onwards with an increment of 10% per annum in it until actual possession, calculated on market rent for similar properties in Goregaon East; Rs. 5,00,000/- as lumpsum compensation for mental agony, hardship, harassment, and loss of opportunity caused by the respondent’s wilful default; interest on all above amounts at the prescribed RERA rate (SBI MCLR + 2%) until final realization. c) That this Hon’ble Authority be pleased to invoke penal action against the respondent for its failure to comply with statutory obligations and MahaRERA directions, by imposing penalty under section 61, up to 5% of estimated project cost for contravening the provisions of RERA; by imposing penalty under section 63 for every day of continued default in complying with orders of MahaRERA. d) That this Hon’ble Authority may be pleased to direct the respondent to disclose on affidavit its complete list of movable and immovable assets, and further create a charge/ lien over such assets to secure recovery of transit rent, compensation and deliver of possession of the flat to the complainants, restrict any transfer, alienation or third- party rights over the said flat or any unsold units in the project, till compliance is ensured. e) That this Hon’ble Authority be pleased to pass such other or further orders as this Hon’ble Authority may deem just and proper, including award of litigation costs in favour of the complainants. 4. The captioned complaints were heard on 09.07.2025, wherein the following roznama was recorded by the Authority: Sr. No. Complaint No. Roznama recorded 1. CC12501388 2. CC12501391 Page 7 of 12 3. CC12501393 Heard both parties. Both parties are at liberty to file 4. CC12501395 written notes of arguments by 20.07.2025. Reserved 5. CC12501396 for order from 21.07.2025. 6. CC12501399 7. CC12501403 5. The brief and combined submissions of the complainants/ allottees at sr. nos. 1 to 7 are as hereunder: A. That, the complainants at sr. nos. 1 to 7 booked their respective flats with the respondent on the assurance that possession would be delivered by 30.06.2024, as reflected in the duly registered agreements for sale and commitments made by the respondent. However, despite repeated assurances and even extensions granted by the Authority, the respondent has failed to complete the project and handover possession within the stipulated timeline. B. That, all the complainants at sr. nos. 1 to 7 have made payments strictly in accordance with the construction linked schedule and demand notices issued by the respondent. The allegations of default by the respondent are false, baseless and malafide. C. That, the respondent is guilty of wilful delay and deficiency in service, as evident from the slow progress of construction, shifting timelines, lack of communication, and absence of a transparent and phase-wise construction schedule. That, do not absolve the respondent of its contractual and statutory obligations under the RERA Act. D. That, all the complainants’ grievances extend to specific performance of the agreement for sale, timely possession of their allotted flats, and compensation, which fall within the jurisdiction of the Authority under sections 12 and 18 of the RERA Act, 2016. E. That, due to delay, the complainants’ have been forced to incur heavy additional expenses towards alternate accommodation, causing severe Page 8 of 12 mental stress. Accordingly, they have claimed entitlement to transit rent and compensation for hardships suffered. F. That, upon inspection of the project, more than 40% of the construction work remains incomplete, interior works have not even commenced, and no realistic plan has been provided. Hence, it is impossible for the respondent to handover possession even by the extended deadline of 29.12.2025. G. Accordingly, the complainants at sr. nos. 1 to 7 pray for transit rent, compensation and expeditious completion and possession of the flats. 6. The brief and common submissions of respondent/ promoter to the complaints filed by the complainants at sr. nos. 1 to 7 are as hereunder: A. That, any delay in completing the project and handing over possession is solely attributable to unforeseen and uncontrollable circumstances such as covid-19 pandemic, lockdowns, shortage of labour, and regulatory restrictions, all of which constitute force majeure under the RERA Act. B. That, the original possession timelines stipulated under the respective agreements for sale were duly extended in accordance with law. MahaRERA, in exercise of its powers under section 6 of the Act, granted suo motu extensions of the project completion timelines. Thereafter, upon application made by the respondent and with the requisite consent of more than 51% of the allottees, MahaRERA further extended the project completion deadline up to 29.12.2025. C. That, as long as the project is under a validly granted extension period, the respondent cannot be fastened with liability for rent, compensation, or interest claims by the allottees. D. That, the respondent denies abandoning the project, indulging in unfair trade practices or committing deficiency in service. E. That, several complainants themselves have defaulted in making timely payments of instalments under their respective agreements for sale. Although, the respondent is entitled to recover interest on delayed Page 9 of 12 payments, it has refrained from taking coercive steps, adopting a cooperative and conciliatory approach instead. F. That, the respondent reiterates its commitment to complete the project and handover possession within the revised completion date of 29.12.2025. G. That, the claims of the complainants for rent, compensation, interest, or penal action under section 61 and 63 of the Act are untenable in law as well as on facts, given the force majeure extensions and ongoing compliance by the respondent. H. Accordingly, the respondent prays that all complaints be dismissed as misconceived and untenable, as no cause of action survives during the force majeure extension period, and the respondent continues to diligently progress the project toward timely completion. 7. Brief facts of the complaints at sr. nos. 1 to 7 are hereunder represented in a tabular format: Sr. Complaint Flat Date of Possession Total Total Reliefs No. No./ Date of No. AFS As Per Consideration Amount Paid Sought Filing AFS (In Rupees) (In Rupees) 1. CC12501388 A-705 11.12.2020 30.06.2024 86,68,100/- 67,86,906/- Possession; 26.04.2025 (As per AFS) (As per Compensation complainant’s along with written Interest submissions) 2. CC12501391 B-1701 18.08.2023 30.12.2024 1,39,70,000/- 1,09,25,937/- Possession; 26.04.2025 (As per AFS) (As per Compensation complainant’s along with written Interest submissions) 3. CC12501393 B-2401 31.03.2021 30.06.2024 1,30,54,299/- 1,02,19,558/- Possession; 26.04.2025 (As per AFS) (As per Compensation complainant’s along with written Interest submissions) 4. CC12501395 A-2601 11.12.2020 30.06.2024 1,43,11,834/- 1,12,05,808/- Possession; 26.04.2025 (As per AFS) (As per Compensation complainant’s along with written Interest submissions) Page 10 of 12 5. CC12501396 A-1803 04.01.2020 31.12.2023 89,54,250/- 70,09,859/- Possession; 26.04.2025 (As per AFS) (As per Compensation complainant’s along with written Interest submissions) 6. CC12501399 B-3104 26.07.2022 30.12.2024 1,73,71,733/- 1,35,86,433/- Possession; 26.04.2025 (As per AFS) (As per Compensation complainant’s along with written Interest submissions) 7. CC12501403 B-2303 31.12.2020 30.06.2024 1,45,26,319/- 1,17,07,329/- Possession; 26.04.2025 (As per AFS) (As per Compensation complainant’s along with written Interest submissions) 8. From the facts and submissions made by the parties, the issue that needs to be answered is whether the complainants at sr. nos. 1 to 7 are entitled to the reliefs claimed under the provisions of the Act? 9. Before answering the issue framed herein above the following observations are noteworthy: A. It is observed that the said project is yet to receive the occupation certificate. B. It is observed that the complainants at sr. nos. 1 to 7 have relied upon their duly registered agreements for sale executed with the respondent, under which they have paid substantial amounts towards the consideration of their respective flats. The complainants allege that the respondent has failed to handover possession along with occupation certificate within the contractual timelines. C. It is observed that the date of possession stipulated under the agreements for sale are 30.06.2024 for complainants at sr. nos. 1, 3, 4 and 7; 30.12.2024 for complainants at sr. nos. 2 and 6 and 30.12.2023 for complainant at sr. no. 5. Page 11 of 12 D. It is pertinent to note that the dates of possession as per the agreements of sale in all complaints have passed and that the respondent/promoter is entitled to claim the moratorium period for the Covid pandemic for none except the complaint at Sr No. 5. E. However, it is observed that while the complainants have produced the registered agreements for sale, they have failed to place on record payment receipts, bank statements, or housing loan statements to substantiate that the payments were made to the respondent as per the agreed schedule and that there is no default on their part as claimed by the respondent. In the absence of such evidence, the Authority is unable to cross-verify the quantum of payments. F. Therefore, in view of the above, the Authority is not in possession of any actionable evidence to effectively adjudicate these matters. Consequently, the complaints are liable to be dismissed as non- maintainable at this stage due to lack of evidence. G. However, the complainants shall be at liberty to approach the Authority afresh with proper evidence. H. Thus, based on the observations made herein above the issue at paragraph no. 8 is answered in negative. FINAL ORDER 10. Therefore, after considering the aforementioned observations and provisions of the Act, the materials placed on record, the facts of the case and submissions made by the parties, the Authority passes the following order: A. The captioned complaints at sr. no. 1 to 7 are dismissed for reasons more specifically mentioned hereinabove. B. No order as to costs. MANOJ Digitally signed by MANOJ SAUNIK SAUNIK Date: 2025.08.21 17:18:29 +05'30' Manoj Saunik Chairperson, MahaRERA Page 12 of 12