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 51

BEFORE THE MAHARASHTRA

REAL ESTATE REGULATORY AUTHORITY, MUMBAI
Virtual Hearing held through video conference as per
MahaRERA Circular No.: 27/2020

1.COMPLAINT NO. CC005000000228339

MR. CHARLES SURESH KUMAR …COMPLAINANT/S
VS
M/S. VEDANT ESTATE & PROPERTIES
THROUGH ITS PARTNERS
A) SANDEEP D AGARWAL
B) SHASHIKALA D AGARWAL …RESPONDENT/S
a/w
2.COMPLAINT NO. CC005000000228339/APPL/AM/1

MR. CHARLES SURESH KUMAR …COMPLAINANT/S

VS
M/S. VEDANT ESTATE & PROPERTIES
THROUGH ITS PARTNERS
A) SANDEEP D AGARWAL
B) SHASHIKALA D AGARWAL …RESPONDENT/S
a/w
3.COMPLAINT NO. CC12400537
SUSHANT ANKUSH PATIL …COMPLAINANT/S
VS

M/S. VEDANT ESTATE & PROPERTIES …RESPONDENT/S

a/w
4.COMPLAINT NO. CC005000000228339/APPL/IR/2
MR. CHARLES SURESH KUMAR …COMPLAINANT/S
VS

M/S. VEDANT ESTATE & PROPERTIES

THROUGH ITS PARTNERS
A) SANDEEP D AGARWAL
B) SHASHIKALA D AGARWAL …RESPONDENT/S

MAHARERA PROJECT REGISTRATION NO. P52100005126

Order
April 09th, 2025
(Date of hearing 06.02.2025 – matter was reserved for order)
Coram: Manoj Saunik, Chairperson, MahaRERA
Adv. Arul Prakash for the complainant at Sr. 62 & 63
Adv. Sonal Kulkarni for the complainant at sr. no.64; None for the respondent

1. The complainants at Sr. 1 to 4 are home buyers and allottees within the meaning of
section 2(d) of the Real Estate (Regulation and Development) Act, 2016 (hereinafter

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 52

referred to as the “said Act”) of Real Estate Regulatory Authority (hereinafter

referred to as the “RERA”) and the respondent is promoter within the meaning of
section 2 (zk) of the said Act who has registered the project namely “Kingston
Aura'” under section 5 of the said Act bearing MAHARERA Project Registration
No. P52100005126.

2. On the MahaRERA project registration webpage the proposed date of completion

is mentioned as 21.05.2019 and the revised date of completion is mentioned as
30.03.2022. The extended date of completion is mentioned as 29.03.2023. The project
has received part occupation certificate dated 11.12.2020 bearing No. Ja.Kra.
BHA/Mauje Autade Handewadi/S.No.8/2A and Ors. /Pra.KRa.1680/15-16.

3. The complainants/allotees at Sr. no.1 to 4 are seeking following reliefs: (Sr.no. 2 and
4 are the interim applications filed by the complainant/allottees at Sr. no.1)

SR. NO. COMPLAINT NO. RELIEFS SOUGHT REPRODUCED

1. CC005000000228339 “a) The Respondent be directed to immediately handover

possession of the flat no. 503 in building ‘C’ to the
Complainants along with agreed amenities as per the
agreement.
b) The Respondent to make available all the sanction
plans, NOCs and compliance certificates for scrutiny
and assessing Flat dimensions and areas by MahaRERA
appointed property valuator / assessor to clarify the
impact of MOFA carpet to RERA Carpet.
c) The Respondent be directed to refund the additional
amount which was received by them by fraudulent
disclosure about Carpet area and Government valuation
to these Complainants.
d) The Respondent be held responsible for violation of
Sec. 14 of the RERA Act. A heavy penalty may be
imposed on the Respondent as per the relevant provision
of the RERA Act, 2016.
e) The Respondent be directed to restore the original
sanction plan dated 17/6/2014 for the said project from
its latest Revised Sanction plan bearing No. dated
01/07/2021 in the light of the absence of requisite
consents.
f) The Respondent be directed to register a conveyance
deed in favour of the allottee or the association of the
allottees, as the case may be, of the apartment or the

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common areas as per Rule 9 (2) of Maharashtra Real

state (Regulation and Development) Rule 2017.
g) The Respondent or anyone who acts on their behalf,
agent, servant, employee, labourers, etc. may kindly be
restrained permanently to enter upon the said suit
property/land and advertising, constructing, booking,
selling or alienating the units in respect of Project,
namely “Kingston Aura A, B, C, D, E and Apex” to the
prospective buyers of the said project.
h) The complainants request the MahaRERA Authority
to impose a penalty on the promoter for contravention of
the provision of the RERA Act and Rules and be held
responsible for indulging in an unfair practice.
i) The claim for compensation may be granted; the
factors for physical harassment, mental agony &
financial losses, etc. due to not handing over the
possession of the flat to the Complainants; for additional
amount which was received by Respondent by
fraudulent disclosure about Carpet area and
Government valuation; for violation of Sec. 14 of the
RERA Act, etc. may be taken into consideration while
adjudging the quantum of compensation; In view of
Hon’ble Supreme Court Judgment dated 11/11/2021 in
M/s Newtech Promoter and Developers Pvt. Ltd. V/s
State of UP & Ors. {Civil Appeal Nos. 6745-6749 of
2021], after the Hon’ble MahaRERA Authority decides
the present complaint regarding possession & violation
of revision of sanction plan, the matter may kindly be
referred to Hon’ble Adjudicating Officer for adjudging
the quantum of compensation. (A separate application
(Form ‘B’) to Adjudicating Officer is annexed herewith).
j) Cost of the proceeding may kindly be ordered to be paid
to the Complainants from the Respondent.
k) Any other just and equitable order may be”
2. CC005000000228339/APPL/AM/1 “a. The Hon’ble Authority be directed to the Axis
Bank, East ASC Branch, Pune give clarification on
loan disbursement of the Complainants whether it is
according to RBI guidelines.
b. Hon’ble Authority be directed to PMRDA, Pune to
give clarification on sanction plan, which was revised
without obtaining mandatory consent of the
Complainants.”
3. CC12400537 “a) Direct the Respondent to deliver possession of the
said Car Parking to the Complainant forthwith.
b) Impose penalty and compensation on the Respondent
for the delay in possession of the flat as per the provisions
of the Real Estate (Regulation and Development) Act,
2016 and the rules and regulations made thereunder.

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c) Direct the Respondent to pay the Compensation of

the Covered Car parking till the handing over of the
parking.
d) Direct the Respondent to pay the losses which occurs
to Complainant’s car due to parking the car in open area
e) Direct the Respondent to provide possession Letter to
the Complainant.
f) Direct the Respondent to pay towards Legal charges
Rs. 80,000.”

4. CC005000000228339/APPL/IR/2 " 1. To take on record the present Application.

2. To grant the relief(s) as sought by the Complainants
in the Complaint.
3. To allow amendment of Prayer Clause in the
captioned Complaint under O6 R 17 to
add this relief - "To initiate proceedings against the
Respondent under the provisions of Section 7 of the
RERA Act, 2016 and revoke the registration granted to
the project."
4. To allow amendment of Prayer Clause in the
captioned Complaint under O 6 R 17 to replace this
relief instead of prayer "(a)" - To refund the amount paid
along with interest at such rate as may be prescribed and
along with compensation as provided under the Act
within the meaning of Section 19(4) of the Act.
5.To grant any other relief(s) that this Learned
Authority may deem fit in the facts and
circumstances of this case.”

4. The complaints/allottees were heard on 06.02.2025 wherein the following roznama

was recorded by this authority (listed at Sr. no. 62& 64):
“The respondents have filed their reply in all these matters which
are on record. This is the fifth consecutive absence of the
respondents and hence the matter proceeded ex-parte without oral
arguments. In sr.no. 62 & 63 the advocate for the complainants
have filed amendment application seeking change in reliefs.
Complainants have filed their written submission and argued
orally. Matters are reserved for order.”

5. The brief submissions of the complainant/allottee at Sr no.1 along with Sr.no. 2 & 4
are as follows:
A. That, the complainant entered into an agreement for sale dated
16.04.2016 with respondent to purchase flat 503, C -wing, 5th Floor,
"Kingston Aura “project for a total consideration amount of 40,53,400/-

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 55

out of which the complainant has paid Rs. 34,69,896/- till date towards
the flat. The date of possession as per the agreement is 15.04.2018.
B. That, the complainant/allottees had filed a complaint
CC005000000054113 seeking interest for delayed possession which was
allowed, and the reliefs were granted to the allottees by this Hon’ble
authority vide order dated 04.08.2020. The respondent/promoter has
filed an appeal against the order bearing Appeal No.
AT005000000052662 and the same is subjudice.
C. Thus, the complainant is seeking refund along with interest and
compensation as per amendment application at Sr. no. 4.

6. The brief submissions of the respondent at Sr.no.1 are as follow:

A. That respondent was ready to hand over the possession of the flat to
the complainant but subject to the clearance of the remaining
consideration amount.
B. That the application of the respondent was put on hold by PMRDA1 in
respect of buildings in the project "KINGSTON AURA".
C. That the complainant defaulted in making payment of the balance
consideration amount to the respondent. That complainant is neither
taking possession of the flat nor is settling the dispute. The respondent
further submits that they sent an email dated 16.03.2024 to settle the
matter.
D. It is further submitted that PMRDA sanctioned layout plan and issued
occupancy certificate.
E. The complainant may be directed to accept the possession of their flat
and to pay the maintenance amount to the respondent.

7. The brief submissions of the complainant at Sr. no. 3 are as follows:

A. That, the complainant entered into an agreement for sale dated 14.10.2019
with the respondent to purchase flat 904, 9th Floor, D-wing, "Kingston Aura
“project for a total consideration amount of 23,94,957/- all the payment
against the consideration value has been paid to respondent by 13.03.2020.

1
Pune Metropolitan Region Development Authority.

Page 5 of 8
 56

The complainant further states that they received possession on 23.09.2022.

The flat possession was delayed by 17 months.
B. That the agreement for sale in scheduled-II mentions about the exclusive
right to use covered car parking space. Further the complainant submits that
due to non-availability of car parking area the car was parked in an open
space which was damaged.
C. Thus, complainant is seeking relief to provide a covered car parking space
with possession letter and compensation along with legal charges.

8. The brief submissions of the respondents are as follows at sr. no.3

A. That the respondent denies the allegations and contents of the complaint.
It is further submitted that the respondents are willing to handover
possession with a covered parking space. However, the complaint is
denying the same.
B. The respondent is willing to settle the matter amicably. Thus, prays for the
complaint to be dismissed with costs.

9. From the facts and submissions made by both the parties the issue that needs to be
examined at this juncture is as follows:
A. Whether the complainants/allotees are entitled to the reliefs claimed under
Section 18 and 19 of the Act?
10. Before determining the issue at para-9A, the following observations are noteworthy:
A. It is observed with respect to complaint at Sr.1 that, the complainant had earlier
filed a complaint bearing No. CC005000000054113 before this authority which
was adjudicated by Hon’ble Member 2 seeking reliefs of interest which was
granted vide order dated 04.08.2020. The relevant part of the order is
reproduced hereunder for ease of reference:
“A. The respondents shall pay simple interest at the rate of 9% p.a. on the
complainants' amount of consideration Rs. 34,69,896/- from 16.10.2018
till handing over possession of their flat with occupancy certificate or
completion certificate.
B. The respondents shall also pay the complainants Ps.-20,000/- towards the
cost of their complaint.
C. The parties are at liberty to adjust their respective current claims and pay the

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balance, if any. The payment shall be subject to the moratorium period

specified by his Authority from time to time. The respondents shall form the
association or society of the allottees within one month from this order.”
B. It is observed that the matter has already been adjudicated by this authority and
the reliefs sought by the complainant are addressed in the adjudicated matter
vide order dated 04.08.2020. Thus, the present complaint is fit to be dismissed. In
view thereof, the issue at para no. 9A is answered in negative.
C. The complainant at Sr. no. 1 has filed amendment application and interim
application bearing numbers CC005000000228339/APPL/AM/1 and
CC005000000228339/APPL/IR/2, the applications are disposed accordingly.
D. It is observed that, the complaint at sr.3 has received possession on 23.09.2022
and the date of possession as per the terms of the agreement was on 31.03.2021.
The reasons given by the respondent for the delay caused are not applicable to
the instant case. The respondents have failed to allot a covered car parking space
as agreed in the terms of the agreement for sale. Thus, the complainant/allottee
is entitled to claim interest for the delay caused along with allotment of a covered
car parking space as per the terms of the agreement or to make any alternative
provisions for a covered car parking space till the actual allotment of parking
space.
E. It is observed by this authority that the project registration has lapsed from
29.03.2023 and the respondents have not taken any steps to revive the same. The
respondents are hereby directed to take necessary steps for seeking extension of
the said project within 30 days from the date of this order failing which the
respondents shall be liable to a penalty under section 63 of the said Act.

FINAL ORDER
11. Therefore, after considering the above-mentioned 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 complaint at Sr. no.1 along with applications at Sr.no.2 & 4 are dismissed.
B. The complaint at Sr. no.3 is allowed.
C. The allottee is entitled to claim interest for delay in handover of possession on
the total amount paid to the respondent (excluding amounts paid towards
taxes and other charges such as stamp duty, registration fees and such other

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amounts paid to statutory authorities) from the date 01.04.2021 at the rate as
prescribed under Rule 18 of the Maharashtra Real Estate (Regulation and
Development) (Registration of Real Estate Projects, Registration of Real Estate
Agents, Rate of Interest and Disclosures on Website) Rules 2017 till the date of
delivery of possession i.e., .
D. The respondent/promoter is directed to allot a covered car parking space as
per the terms of the agreement or to make any alternative provisions for a
covered car parking space till the actual allotment of parking space.
E. The total arrears of interest accrued, shall be set off /adjusted against any
outstanding dues or interest required to be paid by the allottee towards the
cost of the subject flat and the remaining amount, if any, shall be paid by the
promoter in one instalment to the allottee within sixty days from the date of
this order.
F. All other reliefs claimed by the complainants in complaint stand rejected, save
and except what has been mentioned hereinabove in para 11-A to 11-E.
G. No order as to cost.

MANOJ Digitally signed by

MANOJ SAUNIK

SAUNIK Date: 2025.04.09

12:35:36 +05'30'

Manoj Saunik
Chairperson, MahaRERA

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0

BEFORE THE HON'BLE MAHARASHTRA REAL ESTATE REGULATORY

AUTHORITY, MUMBAI
Complaint No: - CC005000000228339
Miss. Poonam Mewalal Gupta
(Mrs. Poonam Charles Kumar) and another …Complainant(s)
Versus
M/s. Vedant Estate & Properties ….Respondent(s)
Project Registration No.: P52100005126

Index
Sr.No Particulars
1 Complaint Copy- (Form A) Complaint to the Authority
2 Copy of relevant pages of Agreement to Sale dated 16/04/2016
3 Copy of relevant pages of Agreement to Sale dated 16/04/2016 showing the period
of possession
4 Copy of the Order in RERA Complaint no. CC005000000054113 dated 04/08/2020.
5 Copy of the Interest Calculation Sheet.
6 Copy of the Recovery Warrant dated 23/12/2020
7 Copy of the Partial Occupancy Certificate dated 11/12/2020
8 Copy of Index-II showing such discrepancy
9 Copy of the Index-II of adjacent Flat 504 situated on the Fifth Floor of 'C'
Building in the project "Kingston Aura
10 Copy of the Sanction Plan drawing dated 17/6/2014 obtained under RTI Act 2005
11 Copy of Respondents stated submission for delay reason in prior Complaint no.
CC005000000054113 trails and appeals
12 Copy of "Declaration about Commencement Certificate" that the Respondent
disclosed on the MahaRERA website.
13 Copy of "Society Registration Certificate" that the Respondent disclosed on the
MahaRERA website.
14 Copy of a legal notice dated 24/12/2020 and emails sent on 16/07/2021 &
22/09/2021 to the Respondent.
15 Copy of the legal notice dated 13/10/2021 & 15/03/2022 sent to the Respondent.
16 Copy of Respondent’s under calculated compliance report as submitted in the
Appeal matter.
17 Copy of Partial Occupancy Certificate dated 30/12/2022.
18 Form B - Application to Adjudication Officer
 60
1

Form 'A'
[see rule 6]
COMPLAINT TO THE AUTHORITY
(Complaint under section 31 of the Act)

For use of Authority(s) office:

Date of filing:…………………………………………………………………………………

Date of receipt by post:……………………………………………………………………

Complaint No.:………………………………………………………………………………

Signature:…………………………………………………………………………………….

Authorized Officer:………………………………………………………………………….

BEFORE THE HON'BLE MAHARASHTRA REAL ESTATE REGULATORY

AUTHORITY, MUMBAI

Complaint No: - CC005000000228339

Between
1. Miss. Poonam Mewalal Gupta
(Mrs. Poonam Charles Kumar)
2. Mr. Charles Suresh Kumar …Complainant(s)
Versus
M/s. Vedant Estate & Properties
Through its Partners
a) Sandeep Deepak Agarwal
b) Shashikala Deepak Agarwal ….Respondent(s)

Details of claim:

1. Particulars of the Complainant (s):

(i) Name of the Complainant: 1. Miss. Poonam Mewalal Gupta

 61
2

(Mrs. Poonam Charles Kumar)

2. Mr. Charles Suresh Kumar

(ii) Address of the existing Flat 4 Kalpataru Building,

Sr. 37 Lane 1 Omkar Colony,
office/residence of the
Kaleborate Nagar, Hadapsar,
Complainant:
Pune – 411028.

(M): 9923052850
E-mail ID:
[email protected]

(iii) Address for service of all Miss Poonam Mewalal Gupta

notices: (Mrs. Poonam Charles Kumar)
C/o Sub Major M L Gupta.
Survey No. 253/A1, Plot No. 32
Khese Park, Lane 5 off Shivaji
Road Lane 8 Khese Park,
Lohegaon Road, Pune – 411032.

2. Particulars of the Respondents(s):

(i) Name of Respondent: M/s. Vedant Estate & Properties

Through its Partners
a) Sandeep Deepak Agarwal
b) Shashikala Deepak Agarwal

(ii) Office address of the 101 Dattaguru Complex, Lane

Respondent: No. 6, Koregaon Park, Above
Bank of India, Pune – 411001.

(iii) Address for service of all Same as above

notices:

3. (a) Jurisdiction of the That project of the Respondent

is situated at Sr. No. 8/2A,
Authority
 62
3

8/3A/1, 8/3A/3, 8/3B, 8/3D,

8/4, 8/5/2, 8/5/3, 8/5/4,
8/5/5, 8/5/6, 8/5/7, Haveli,
Handewadi - Hadapsar Road,
Autade Handewadi, Pune,
Maharashtra – 411028 and
registered with MahaRERA.
Therefore, Complainant declares
that the subject matter of the
claim falls within the
jurisdiction of the Regulatory
Authority.

(b) Project Registration No.:– P52100005126

Nature of Interest in the Project:

The Complainants are the purchasers of Flat in MahaRERA registered

Project No. P52100005126' Kingston Aura' from the Respondent, M/s.
Vedant Estate & Properties, located at Autade Handewadi, Pune. The
Complainants have purchased the flat from the Respondent pursuant to
a registered agreement dated 16/04/2016. A Partial Occupancy
Certificate dated 11/12/2020 has been obtained by the Respondent, but
it has not handed over the possession of the flat no. 503 in 'C' Building
to these Complainants till date as per law, even after a lapse of over 26
months and particularly when the Respondent has received the
substantial amount for the flat in the year 2018 itself. Hence, the
complaint about getting possession from the Respondent and other
consequential reliefs as prayed for.

4. Fact of the Case: - As appearing herein below,

1. That Complainants Miss. Poonam Mewalal Gupta (Mrs. Poonam

Charles Kumar) and Mr. Charles Suresh Kumar, are law-abiding
 63
4

citizens of India and had booked a unit in the project being developed
and constructed by the Respondent under the name 'Kingston Aura'
located at Autade Handewadi, Pune - 411028.

2) That the Respondent M/s. Vedant Estate and Properties is a

Partnership Firm having its office at 101 Dattaguru Complex, Lane
No. 6, Koregaon Park, Above Bank of India, Pune – 411001

3) That Complainants were looking for a suitable flat in Pune for their
dwelling and they came to know about the scheme of the Respondent
via advertisements undertaken by Respondent. The Complainants
had purchased a Flat No. 503, situated on the Fifth Floor in 'C'
Building in the project "Kingston Aura" registered with MahaRERA
vide project Registration No. P52100005126 being constructed by the
Respondent at Autade -Handewadi, Tal. Haveli, Dist. Pune
(hereinafter referred to as "the said Flat") vide Agreement to Sell
dated 16/04/2016, which is duly registered with the Sub-Registrar,
Haveli No.-10 vide Sr. no. 5697/2016 on 18/04/2016, for stated Flat
Carpet area admeasuring 64.68 sq.mtrs (696 sq.ft) and terrace
admeasuring 11.98 sq.mtrs (129 sq.ft), i.e. 103.62 sq.mtrs (1115
sq.ft) saleable Built-up including the proportionate area of passage
along with exclusive right to use one Car Parking Space No. 'C-07' in
the aforementioned project of stated true market valuation of Rs.
42,90,700/- (Rupees Forty-Two Lakh Ninety Thousand Seven
Hundred Only) computed by the Respondent at the prevailing year
2015-16 Annual Schedule of Rates (ASR) / Ready Reckoner Govt.
Rate of Rs. 38,280/- Per Sq. mt, for an agreed consideration amount
of Rs. 40,53,400/- (Rupees Forty Lakh Fifty-Three Thousand Four
Hundred Only). The sale of the said Flat was based on carpet area
only as per MOFA. Attached herewith is the copy of relevant pages
of the Agreement to Sale dated 16/04/2016
 64
5

4) The Complainants submit that there is no default from the

Complainant's end regarding making the payment towards their
booked Flat. The Respondents are aware of the same. These
Complainants have made all payments as per demand raised by the
Respondent from time to time, as per agreement.

5) The Complainants submit that, as per the agreed terms of the said
agreement, these Complainants were to receive possession within 24
months from the date of the agreement, i.e. on or before
15/04/2018. However, the possession was delayed, and these
Complainants were constrained to file a complaint under RERA
bearing no. CC005000000054113 before the MahaRERA Authority.
Attached herewith is a copy of the relevant pages of the
Agreement dated 16/04/2016 showing the period of possession.

6) The Complainants submit that Hon'ble Member II, MahaRERA heard

the said complaint and was pleased to allow it by order dated
04/08/2020. Attached herewith is a copy of the Order in RERA
Complaint no. CC005000000054113 dated 04/08/2020.

7) The Complainants submit that as per the order dated 04/08/2020,

they were entitled to recover interest from the Respondent @ 9% p.a.
on the amount of consideration of Rs. 34,69,896/- from 16/10/2018
till handing over possession of the flat with occupancy certificate or
completion certificate, plus Rs. 20,000/- towards the cost of the
complaint. The amount of accrued interest recoverable from the
Respondent till filing of the present complaint i.e. as of Feburary 18,
2023 is Rs.13,76,967/- (Rupees Thirteen Lakh, Seventy-six thousand,
Nine hundred and Sixty-seven Only), with a per-day interest addition
of Rs. 855.59/- until legal possession is handed over to these
Complainants. Attached herewith is a copy of the Interest
Calculation Sheet.
 65
6

8) The Complainants submit that since the Respondent failed to comply

with the order in a stipulated period, these Complainants were again
constrained to report non-compliance with the final order passed in
the complaint. And since the Respondent failed to show justifiable
and reasonable cause for non-compliance with the order, a warrant
for recovery of the interest amount under Section 40(1) of the RERA
was issued on 28/12/2020. Accordingly, MahaRERA has forwarded
the recovery warrant dated 23/12/2020 to the Collector, Pune, to
execute the warrant at the earliest. (MahaRERA Recovery Warrant
Ref. No. MahaRERA/VH/WARRANT/111/12/2020). Attached
herewith is a copy of the Recovery Warrant dated 23/12/2020.

9) The Complainants submits that, being agreeived with the order

passed by the Hon‟ble Authority, the Respondent filed an Appeal
bearing No. AT005000000052662 before the Hon‟ble Maharashtra
Real Estate Appellate Tribunal, Mumbai, on 29/09/2020 and the
same is subjudice.

10) The Complainants submit that they have learned that the Respondent
has received a Partial Occupancy Certificate dated 11/12/2020
issued for their project 'Kingston Aura' from the competent authority,
i.e., the Pune Metropolitan Region Development Authority. The
Complainants had to run from pillar to post to obtain a copy of the
same. Since the Respondent has obtained the Partial Occupancy
Certificate, it was his duty and responsibility to intimate the same to
the Complainants and hand over the possession of Flat no. 503 in 'C'
Building to these Complainants. But, to date, the Respondent has
deliberately not handed over possession to these Complainants. Even
after a lapse of over 25 months, particularly when the Respondent
has received the substantial amount towards the flat in the year 2018
itself. Attached herewith is a copy of the Partial Occupancy
Certificate dated 11/12/2020.
 66
7

11) It is pertinent to note that after receiving Sanction Plan copies under
RTI by these Complainants, (which has been revised by the
Respondent time to time without the Consent of these Complainants),
it reveals that Flat Carpet Area mentioned in the said Sanction Plan
and in the agreement is mismatched. The Complainants also noticed
the descripancy in the valuation of Government Ready Recknor Price
after perusing the other flat agreement executed with the other
allottee/s by the Respondent. The Respondent had deliberartelty
shown inflated valuation at the time of registration of the flat
Agreement dated 16/04/2016. Attached herewith copy of Index-II
showing discrepancy. If the Hon‟ble Authority peruses the copy of
Index-II then it will conclude that the Respondent had deliberately
stated inflated rate of Government valuation, so that the buyers came
put forward and purchase the said flat below the rate of said
government valuation and on such fraudulent presentation, these
Complainants had purchased the said flat for the said consdeiration
which was as such shown by the Respondent. This itself shows the
malafide intention of the Respondent to bait the Buyer/s who can
come forward to purchase the flat in their project. Attached herewith
is the copy of the Index-II of adjacent Flat 504 situated on the
Fifth Floor of 'C' Building in the project "Kingston Aura".

12) The Respondent had never produced a copy of the sanction plan
drawing dated 17/6/2014 before these Complainants at the time of
booking, they had just provided a bogus floor plan that was attached
to the Agreement. The Complainants are ordinary citizens, therefore,
not aware about the knowledge of the sanction plan, hence, they
trusted Repondent‟s said fact at the time of registration of their
Agreement dated 16/04/2016 but while obtaining and perusing the
Sanction plan drawing dated 17/6/2014 it was noticed that the carpet
area mentioned in the agreement and shown in the actual sanction
plan at the time is mismatched. After appreciating the said fact, these
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8

Complainants were shocked and realised that they had paid a higher
amount to the Respondent against their Flat on the basis of such
fraudulent disclosures made by the Respondent about the carpet
area. Hence, the Respondent is liable to refund the additional amount
that was received by them through such fraudulent disclosures. The
agreement was executed under the MOFA Act, and the above finding
is in volition of the same. Attached herewith is the copy of the
Sanction Plan drawing dated 17/6/2014 obtained under RTI Act
which was prevailing at the time of Complainants Sale Agreement
dated 16/04/2016.

13) The Complainants have put their hard earned money and savings
towards buying their first house from the Respondent with agreed
delivery / possession of their Flat by 15/04/2018 (24 months from
the date of registered agreement), but then the Complainant have
been waiting for almost 7 years to live in their own house. If the
Hon‟ble Authority peruses prior Complaint no.
CC005000000054113, in the Respondent‟s stated submission for
delay in project completion and possession it shall find conflicting to
what the Respondent have stated as the reason for the said delay and
the subsequent Complainants aggrieving factual findings showing the
malifide intentions of the Respondent. Attached herewith is a copy
of Respondents stated submission for delay reason in prior
Complaint no. CC005000000054113 trails and appeals.

14) The Respondent had revised the project sanction plan time and again,
especially dated 31/12/2016 and 07/06/2021 without obtaining the
express consent of these Complainants, including other allottees of
the said project, and introduced new buildings in the project, i.e.,
Buildings F & G & extending additional floors in the Buildings A, D &
E which were never part of the earlier sanction plan dated 17/6/2014
legitimate at the time of this Complianants Agreement to Sell dated
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9

16/04/2016. Further, the Respondent had also changed amenities

like Club House by reducing their area and excluding the service lift,
which was part of an earlier sanction plan dated 17/6/2014, etc.

This demonstrate that the Respondent had violated Sec. 14 of the

RERA Act, 2016, and Sec. 7/7(a) of MOFA Act, 1963 for which the
Respondent must be held accountable, and construction of new
buiuldings and extended floors required to be stayed immediately to
protect interest of inncocent buyers who will purchase the flat/s in the
said new buildings & extended floor on based on such unilateral
illegal revisions.

In addition, the Complainants submit that the Respondent withheld

information from allottees and MahaRERA website about the earlier
sanction plan drawing dated 17/06/2014 and the NA
Commencement Certificate Order dated 05/3/2015 it received
from the local bodies, by failing to include all of the information in the
"Declaration about Commencement Certificate" that the Respondent
disclosed on the MahaRERA website. Attached herewith is the copy
of "Declaration about Commencement Certificate" that the
Respondent disclosed on the MahaRERA website.

15) It is brought to the Hon‟ble Authority notice as is shown per the initial
Sanction Plan drawings dated 17/06/2014 and its NA
Commencement letter dated 05/03/2015 which were approved by the
Town planning development jurisdiction under Rural Gram Panchayat
of Autade Handewadi, under which the Resdondent began marketing
the project and baiting unaware citizens as the Complainants into
purchasing unit in their project by fraudulent disclosures and
misrepresentations. The ulterior motive of the Respondent to without
Complainants express consent first revisions of the sanction plan on
31/12/2016, when the project came under PMDRA jurisdiction with
a revised Commence Certificate dated 31/12/2016 and extending the
project timeline, and second present revision of the sanction plan on
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07/06/2021 with the increased jurisdiction of the Pune Municipal

Corporation, it is to unilaterally take advantage of the increased FSI /
FAR index by making substantial revisions to the project plans and
amenities. This all-encompassing act of the Respondent reflects
intentional delaying of the project to profiteer and steal additional
FSI / FAR from unaware allottees and buyers.

It must also be noted by the Hon‟ble Authority, as per the

CC005000000054113 Order on the Recovery Application dated
28/12/2020 the Respondent was directed to form the Association /
Society of the Allottees and register it in 15 days. The Respondent in
compliance of the order have made available on the Maha RERA
website the Society Registration Certificate dated 08/01/2021, it was
obligatory and binding on the Respondent to execute and register a
conveyance deed in favour of the association of the allottees, as the
case may be, of the apartment or the common areas as per Rule 9 of
Maharashtra Real Estate (Regulation and Development) Rules, 2017.
But instead the Respondents without obtaining the express consent of
these Complainants, including other allottees of the said project,
revised sanction plan to introduce new buildings in the project, i.e.,
Buildings F & G & extending additional floors in the Buildings A, D &
E and other impacting changes. Attached herewith is the copy of
"Society Registration Certificate" that the Respondent disclosed
on the MahaRERA website.

16) The Complainants submit that these Complainants have multiple

times contacted the Respondent's office, their legal liaison person also
sent a Legal Notice dated 24/12/2020 and they have also written e-
mails requesting possession and detailing their service grievances
which were sent to following e-mail addresses of the Respondent
[email protected]; [email protected];
[email protected] & [email protected] on
16/07/2021 & 22/09/2021 requesting possession of the flat. But
 70
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there is no willingness from the Respondent to hand over possession

to these Complainants. Attached herewith is the copy of a legal
notice dated 24/12/2020 and emails sent on 16/07/2021 &
22/09/2021 to the Respondent.

17) The Complainants submit that the Complainants have sent

subsequent Legal Notices to the Respondent through their Advocate
on 13/10/2021 & 15/03/2022, and the same has been received by
the Respondent. Despite receiving the same, no positive response was
given by the Respondent regarding possession. Attached herewith is
a copy of the legal notice dated 13/10/2021 & 15/03/2022 sent
to the Respondent.

18) Until the filling of this Complaint, the Repondent has not come
forward or provided Complainants with any written clarification on
their seeked information and grieavances regarding the actual
dimensions, reduced carpet area and impact on the Govt. Ready
Reckoner valuation on their purchased Flat 503 in building „C‟ of the
project „Kignston Aura‟ following the Respondent‟s unilateral multiple
sanction plan modifications. Thus, by pursuing the details of
equivalent adjacent mirror Flat 504 Sale deed dated 21/02/2018
executed at Haveli 10 in Pune Doc No.3093/2018 which was as per
the modified Sanction plan 31/12/2016, the Complainants can
establish, based on the 2016 prevailing Ready Reckoner Rate of Rs.
38280, that the Complainants constructed Flat 503 actual Govt.
Valautaion is approximately Rs. 34,47,882/- (Rupees Thirty Four
Lakh Forty-seven Thousand Eight Hundred and Eighty-two Only).
Further more as the Complainants agreed to purchase the said flat as
Repondents offered the same below Govt. Valuation and after
adjusting a proportionate 5.5% reduction the actual consideration
amount shall be Rs. 32,58,246/- (Rupees Thirty Two Lakh Fifty-
 71
12

eight Thousand Two Hundred and Forty-six Only). It must also be

noted by the Hon‟ble Authority above illustration doesn‟t account for
the Respondents subsequent recent unilateral sanction plan
modification dated 07/06/2021. Thus, the Complainants seek the
appointment of the court commission to establish the exact loss
and impact on the Complainants.

19) It must also be noted by the Hon‟ble Authority, that the Respondents,
without consulting the Complainants or offering the possession of the
flat or any settlement for the Complainants rights violations and
grievances until the filing of this complaint, have unilaterally adjusted
the disputed balance payment of Rs. 5,83,531/- from the accruing
delay interest amount awarded in Order dated 04/08/2020 of
Complaint no. CC005000000054113 to falsely show compliance
before Hon‟ble High Court and before MahaRERAT in MA for
Restoration in Appeal AT005000000052662, by under calculating the
delay compensation amount due for delay in legal possession of
Complainants Flat. This Act of Respondent reflect their malicious
intent to make Complainants suffer and delay justice for them.
Attached herewith is a copy of Respondent’s under calculated
compliance report as submitted in the Appeal matter.

20) The Complainants submit that the Respondent has received a

conditional Part Occupancy Certitifcate Ja.Kra. BHA/Mauje Autade
Handewadi/S.No.8/2A and Ors./Pra.KRa.1680/15-16 dated
30/12/2022 for wing – A, D and E from PMRDA, wherein at clause 8
it is stated that the subject area is affected by a 24 meter wide road as
per the draft development plan proposal. The commercial building
shown in the drawing is obstructed by the proposed road. However,
the said building has been given a Part Occupancy Certificate vide
letter 1860/15-16 dated 11/12/2020. However, the decision of the
authority at the time of finalising the development plan in accordance
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13

with the said road shall be binding on the applicant. The

Complainants submit that the Respondent will have to take
responsibility and liability for ensuring that the building in which the
flat of the Complainants is situated will not be affected by such a road
widening as mentioned herein above. Attached herewith is a copy of
partial Occupancy Certificate dated 30/12/2022.

21) Because of the said illegal acts of the Respondent, these Complainants
have suffered mental agony and financial losses for all of which the
Complainants are entitled for compensation and seeking penal and
criminal action against the Respondent for mispresentation,
misapproproriating Complainants money by means of fraud and
breach of trust.

22) The Complainants submit that in spite of receiving a Part Occupancy

Certificate by the Respondent, the Respondent deliberately has not
even updated about the part completion certificate nor handed over
possession of their respective flat to these Complainants. Hence, being
aggrieved by the Respondent's act, these Complainants are left with
no choice but to file the present Complaint about getting possession of
their flat under the current complaint and other consequential reliefs
as prayed in the complaint.

5. In view of facts mentioned in paragraph 4

above, the Complainant pray the following
relief(s):-

a) The Respondent be directed to immediately handover possession of

the flat no. 503 in building „C‟ to the Complainants along with
agreed amenities as per the agreement.

b) The Respondent to make available all the sanction plans, NOCs

and compliance certificates for scrutiny and assessing Flat
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14

dimensions and areas by MahaRERA appointed property valuator /

assessor to clarify the impact of MOFA carpet to RERA Carpet.

c) The Respondent be directed to refund the additional amount which

was received by them by fraudulent disclosure about Carpet area
and Government valuation to these Complainants.

d) The Respondent be held responsible for violation of Sec. 14 of the

RERA Act. A heavy penalty may be imposed on the Respondent as
per the relevant provision of the RERA Act, 2016.

e) The Respondent be directed to restore the original sanction plan

dated 17/6/2014 for the said project from its latest Revised
Sanction plan bearing No. dated 01/07/2021 in the light of the
absence of requisite consents.

f) The Respondent be directed to register a conveyance deed in

favour of the allottee or the association of the allottees,
as the case may be, of the apartment or the common areas as per
Rule 9 (2) of Maharashtra Real state (Regulation and Development)
Rule 2017.

g) The Respondent or anyone who acts on their behalf, agent, servant,

employee, labourers, etc. may kindly be restrained permanently to
enter upon the said suit property/land and advertising,
constructing, booking, selling or alienating the units in respect of
Project, namely “Kingston Aura A, B, C, D, E and Apex” to the
prospective buyers of the said project.

h) The complainants request the MahaRERA Authority to impose a

penalty on the promoter for contravention of the provision of the
RERA Act and Rules and be held responsible for indulging in an
unfair practice.

i) The claim for compensation may be granted; the factors for

physical harassment, mental agony & financial losses, etc. due to
not handing over the possession of the flat to the Complainants; for
additional amount which was received by Respondent by
fraudulent disclosure about Carpet area and Government
valuation; for violation of Sec. 14 of the RERA Act, etc. may be
taken into consideration while adjudging the quantum of
compensation;
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15

In view of Hon‟ble Supreme Court Judgment dated 11/11/2021 in

M/s Newtech Promoter and Developers Pvt. Ltd. V/s State of UP &
Ors. {Civil Appeal Nos. 6745-6749 of 2021], after the Hon‟ble
MahaRERA Authority decides the present complaint regarding
possession & violation of revision of sanction plan, the matter may
kindly be referred to Hon‟ble Adjudicating Officer for adjudging the
quantum of compensation. (A separate application (Form ‘B’) to
Adjudicating Officer is annexed herewith).

j) Cost of the proceeding may kindly be ordered to be paid to the

Complainants from the Respondent.

k) Any other just and equitable order may be passed in favor of the
Complainant.

6. Interim order, if prayed for: 1. The Respondent, their agent/s,

Pending final decision on servant/s, or anyone who acts on their
behalf be restrained temporarily to act
the complaint the
or construct building „F & G &
Complainant seeks issue of extended floors in the building A, D &
the following interim order: E‟ according to the revised sanctioned
plan dated 01/07/2021.

2. The Respondent or anyone who acts

on their behalf, agent, servant,
employee, labourers, etc. may kindly
be restrained temporarily to enter
upon the said suit property/land and
advertising, constructing, booking,
selling, handing over possession or
alienating the units in respect of
Project, namely “Kingston Aura A, B,
C, D, E and Apex” to the prospective
buyers of the said project till final
disposal of the present Complaint.

3. The Respondent or anyone who acts

on their behalf, agent, servant,
employee, labourers, etc. may kindly
be restrained temporarily to revise the
sanction plan without obtaining
requisite consent from the
Complainant and other Allottees.
 75
16

7. Complaint not pending with The Complainant further declares that

any other court, etc.: the matter regarding which this
complaint has been made is not pending
before any court of law or any other
authority or any other Tribunal(s).

8. Particulars in respect of the (i) Amount- 5000/-

fee in terms of sub-rule A (1) (ii) Mode: E-payment
of Rule 6:

9. List of enclosures: As stated in the complaint

Place: Pune

Date: 18/02/2023

Signature of the Complainant/s

DECLARATION

I MISS. POONAM MEWALAL GUPTA (MRS. POONAM CHARLES KUMAR)

son / daughter of MEWALAL GUPTA the Complainant do hereby verify that
all information provided by me are true to my personal knowledge and belief
and that I have not suppressed any material fact(s).
I further declare that the subject matter of the claim falls within the
jurisdiction of the Authority

I further declare that the matter regarding which this complaint has been
made is not pending before any court of law or any other Authority or any other
Tribunal(s).

Place: Pune

Date: 18/02/2023

Signature of the Complainant

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INTEREST CALCULATION SHEET

As per Order dtd. 04th August, 2020

Complainant Name: Poonam Mewalal Gupta & another Compliant No: CC005000000054113

INTEREST FROM CONSIDERATION INTEREST INT. ON PER DAY

9.00% TOTAL INTEREST
DATE AMOUNT PAID TILL DATE DAYS INTEREST
16-10-2018 34,69,896 18-02-2023 1586 3,12,291 855.59 13,56,967

34,69,896 13,56,967

INTEREST @ 9% P.A 13,56,967

COST OF THE COMPLAINT + 20,000

TOTAL 13,76,967 /- Rupees Thirteen Lakh, Seventy-six thousand, Nine

hundred and Sixty-seven Only
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Charles Kumar <[email protected]>

Service Grievance Notice & Seeking update on legal possession /

handover of our Flat ‘503’ in Building ‘C’
of Kingston Aura, MahaRERA Project P52100005126
Charles Kumar <[email protected]> 16 July 2021 at 12:46
To: CRM VEDANT <[email protected]>, vedant legal <[email protected]>,
[email protected], VEDANT BILLING <[email protected]>,
[email protected]
Cc: [email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected],
[email protected], [email protected],
[email protected], [email protected],
[email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected],
[email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected], commradt1-
[email protected], [email protected], [email protected], [email protected],
[email protected], NILESH BORATE <[email protected]>, poonam gupta
<[email protected]>, Tony Bro <[email protected]>, Sethu Kumar
<[email protected]>, John Delas <[email protected]>, Charles Kumar
<[email protected]>, [email protected], [email protected],
"Charles.Kumar" <[email protected]>, "Rai, Pawan (CORP)" <[email protected]>

Service Grievance Notice

To,
M/s. Vedant Estate and Properties,

Through its Authorized Partner

Mr. Sandeep Deepak Agarwal,
Having office at-
101, Dattaguru Complex, Lane No. 6,
Near Bank of India, Koregaon Park,
Pune -411001
 124

Subject: - Service Grievance Notice & Seeking update on legal possession /

handover of our Flat ‘503’ in Building ‘C’ of Kingston Aura, MahaRERA Project
P52100005126.

Dear Mr. Sandeep Deepak Aggarwal,

1. As of today, it has been 5 years 3 months since 16/04/2016 when we

entered into an ‘Agreement’, w h i c h i s duly registered with the Sub-
Registrar, Haveli No.-10 vide Sr. no. 5697/2016 on 18/04/2016, for purchase
of a Flat bearing No. 503, situated on the Fifth Floor, C Building Flat
Carpet area admeasuring 64.68 sq.mtrs (696 sq.ft) and terrace
admeasuring 11.98 sq.mtrs (129 sq.ft) i.e. 103.62 sq.mtrs (1115 sq.ft)
saleable Built up including the proportionate area of passage along with
exclusive right to use one Car parking space in the project known as
‘Kingston Aura’ o f e s t i m a t e d true market valuation o f R s .42,90,700/-
(Rupees Forty-Two Lakh Ninety Thousand Seven Hundred Only) computed
by you at prevailing year’s Annual Schedule of Rates (ASR) / Ready
Reckoner Govt. Rate of Rs.38,280/- Per Sq. mt, for consideration amount of
Rs. 40,53,400/- (Rupees Forty Lakh Fifty-Three Thousand Four Hundred
Only). The sale of the said Flat was based on carpet area only.

2. We are short of word to express our misery and disappointment in you, as

we continue to incur financial losses and mental suffering due to the delay
and failure on your part to deliver our promised Home. With immense faith
and trust in your scheme / project we agreed to enter into the contractual
agreement with you. While we continue to honor our obligation by abiding to
the law and have reached out to you through the Legal Notice dated
24/12/2020 through our learned legal counsellor Advocate. Nilesh Shirish
Borate on our concerns, regarding the matter we have not received any
response or clarification from you or your office or any intimation from you to
provide the legal possession of the constructed flat.
 125
3. As we have learned that a Partial Occupancy Certificate is issued for
the ‘Kingston Aura’ project by the competent Pune Metropolitan Region
Development Authority, we have multiple times contacted your Legal
Liaison Mr. Mahesh Kulkarni on his Mobile # +91-9371108585 to facilitate a
meeting with you and enable a resolution to our raised concerns and
obtaining legal possession of the constructed flat at the earliest as we
continue to suffer significant financial burden of both Home Loan EMI
and Rental housing cost. But we are still waiting for the clarification on the
raised concerns and reconciliation of the matter on your part.

4. Additionally, we are also awaiting the actual dimensions and area of the
constructed flat, since in our opinion the constructed flat is of reduced Carpet
Area and True Market Valuation than what was described in Sale
Agreement as stated in Point 1. We seek technical clarification from you in
writing on this matter, as we are uncertain of the impact due to your
subsequent unilateral modification to the project Sanction Plan or maybe due
to utilization of increased land potential or benefitting from Transferable
Development Rights (TDR) and changes to FSI/FAR.

5. Being a first-time home buyer and in hope of a better life we had put our
trust in you and your integrity, when we entered into Sale Agreement for our
Dream Home. Thus, we implore and urge you to fulfill your obligation as
promoter, besides respecting our rights as unit buyer / allotees in project
Kingston Aura, also praying you to comply with the Complaint No.
CC005000000054113 Order passed by Hon’ble The Maharashtra Real
Estate Regulatory Authority.

6. We seek your written response and clarification in on all aforesaid

grievances and the grievances as stated in Legal Notice dated 24/12/2020
through our learned legal counsellor Advocate. Nilesh Shirish Borate. By
this Notice, we seek legal & fair settlement on the above-mentioned
grievances without prejudice to our rights as allottees and yours as promoter
within 15 days from receipts of this notice. Failing which we shall be
constrained to take necessary legal action against you for the consent and
consequences you alone would be held liable which please note.
 126
7. We are also looping in respective vested parties and authorities for further
perusal on the aforesaid concerns.

Regards,

Poonam & Charles Suresh Kumar,

Unit buyer / Allottees

(Flat C-503 Kingston Aura)

[email protected]

[email protected]

Contact # +91-9923052850

2 attachments
Legal Notice_Mr. Charles Kumar 24-12-2020 (1).pdf
1315K
Copy of MahaRERA Order and Recovery Warrant.pdf
4899K
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alc

Nilesh Shirish Borate Office: Vitthal Chhaya,

B.S.L., LL.B 664, Ghorpade Peth,
Advocate & Notary Khadak Mal Ali,
Opp. Teresa Church
Pune - 411042
Email : [email protected]
Mobile: 9822518696

BY SPEED POST/EMAIL Date: L3l lO l2O2l

Ref. No. \3l2o2t

Le.qal Notice

To,
M/s. Vedant Estate and Properties,
Through its Authorized Partner
Mr. Sandeep Deepak Agarrral,
Having its office at: 10 1, Dattaguru Complex,
Lane No. 6, Koregaon Park,
Above Bank of India, Pune - 411001

Subject: Handing over possession of Flat No. 503 in 'C'

Building in the MahaRERA Project P52100005126,
namely Kingston Aura, to Ms. Poonam Mewalal
Gupta (Mrs. Poonam Charles Kumar) & Mr. Charles
Suresh Kumar (My clients)

Sir,

I am concerned for my clients, Poonam Mewalal Gupta

(Mrs. Poonam Charles Kumar) & Mr. Charles Suresh
Kumar, presently residing at- C/o Mr. Suresh Kumar,

Notice_Page 1 of 7
 \
\o 131

A-28, Todkar Township, Sasanend$tr, Hadapsar, Pune

4llo28, oD whose behalf I am instructed to address you
Noticee as under:

1) I am instructed to state that my clients had purchased

a Flat No.5O3, situated on the Fifth Floor, in 'c'
Building in your project "Kingston Aura" registered
with MahaRERA vide project Registration No.

PS21OOOOs L26, being constructed by you Noticee at A

utade- Handewadi, Tal. Haveli, Dist. Pune- 4tlo28
(hereinafter referred to as "the said Flat',) vide
Agreement to Sell dated L6lo4l2o16, which is duly
registered with the Sub-Registrar, Haveli No.-10 vide Sr'
no. 569712016 on 18l0412016, for stated Flat carpet
area admeasuring 64.68 sq.mtrs (696 sq.ft) and terrace
ad.measuring 11 .98 sq.mtrs (129 sq.ft), i.e. Lo3.62

sq.mtrs sq.ft) saleable Built-up including the

(1 1 15

proportionate area of passage along with exclusive right

to use one Car Parking Space No' 'C-O7' in the
aforementioned project of stated true market valuation
of Rs. 42,go,7oo I - (Rupees Forty-Two Lakh Ninety
Thousand Seven Hundred only) computed by you at
prevailing year 2015-16 Annual Schedule of Rates (ASR)
/ Ready Reckoner Govt. Rate of Rs. 38,2801- Per Sq.
ffit, for an agreed consideration amount of
Rs. 40,53,400 I - (Rupees Forty Lakh Fifty-Three
Thousand Four Hundred Only). The sale of the said Flat
was based on carpet area onlY.
tice_Page 2 of 7
 132

2l I an instructed to state that there is no default from my

client's end regarding making a payment towards
consideration and other incidental charges, etc. You
Noticee are aware of the same. My clients have made all
payments as per demand raised by you
Noticee from time to time as per agreement.

3) I am instructed to state that as per the agreed terms of

the said agreement, my client was to get possession
within 24 months from the date of the agreement, i.e.
on or before 1510412018. However, the possession was
delayed, and my clients were constrained to file a
complaint under RERA bearing
no. cc005000000054 1 13 before the MahaRERA
Authority.

4) I am instructed to state that Honble Member II,

MahaRERA heard the said complaint and was pleased
to allow the said complaint vide order dated
04l08l2o2o.

5) I am instructed to state that as per the order dated

04 I08l2O2O, my clients were entitled to recover interest
from you Noticee at the rate of 9o/o p.a. on the amount
of consid.eration of Rs. 34,69 ,896 l- from 16 I lO l2ol8

Notice_Page 3 of 7
 133

till handing over possession of the flat with occupancy

certificate or completion certificate, further with Rs.
20,ooo/- towards the cost of the complaint. Till october
2o2L, &S of Ll / lo /2o2r, accrued interest recoverable
from you is amount Rs. 9rS3 ,4491- (Rupees Nine Lakh,
Fifty-Three Thousand, Four Hundred and Forty-Nine
only) with per day interest addition until handover of
the legal possession to my clients.

6) I arn instructed to state that since you Noticee tailed

to comply with the order in a stipulated period, my
clients were again constrained to report non-compliance
with the final order passed in the complaint. And since
no justifiable and reasonable cause for non- compliance
of the order was shown by you Noticee, a warrant for
recovery of the interest amount under section 40 (1) of
the RERA was issued on 2s / 12 /2o2o. Accordingly,
MahaRERA has forwarded the recovery warrant dated
23 / 12 /2o2o to the collector, pune, to execute the
warrant at the earliest. (MahaRERA Recovery warrant
Ref. No. MahaRERA/VH/WARRANT/ tlr / L2l2o2O).

7l I arn instructed to state that my clients have learned

that you Noticee have received a partial occupancy
Certilicate dated rL / L2 /2o2o issued for your project
'Kingston Aura' from the competent authority, i.e. pune
Metropolitan Region Development Authority. Since you
Notice_Page 4 of 7
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Noticee have obtained the Partial Occupancy Certificate,

you Noticee have not handed over the possession of the
Flat no. 503 in 'C' Building to my clients till date as per
law, even after a lapse of over Ten months and
particularly 'when you have received a significant
consideration amount rn 2O18 itself.

8) I am instructed to state that my clients have multiple

times contacted your office, your Legal Liaison person
also sent Legal Notice dated 24ll2l2o2o and have
also written E-mails detailing their Service Grievances
sent to following email addresses of you Noticee
[email protected]; vedantlegalh@email. com ;

[email protected] & [email protected]

on L6l 07 l2O2L &, 22109 12021 requesting possession
of the flat. But there is no willingness from you Noticee
to settle my clients'grievances promptly & amicably.

9) Additionally, my clients are still awaiting the actual

dimensions and a-rea of the constructed flat, since in my
clients opinion the constructed flat is of reduced Carpet
Area and lesser True Market Valuation than what was
stated in Sale Agreement and described in Point 1. My
clients seek technical clarification from you Noticee in
writing on this matter, as they suspect the impact is
due to your Noticee' subsequent unilateral modification
to the project Sanction Plan, for which as per my clients

Notice_Page 5 of 7
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you Noticee' did not notify or obtain requisite written

informed consent.

10) Furthermore, ffiy clients seek immediately corrective

action from you to repair the defect / damage caused
to their allotted Master Bedroom attached independent
terrace by unit buyer of Frat c-6og Mr. Alok Kumar
Yadav, whom you permitted illegal possession and
permitted illegitimate installation of AC vent drain
/
pipe outlet in their independent terrace space. This we
have brought to you Noticee' notice multiple times,
hence please initiate appropriate action to remove the
AC vent and other unau thorized installations from my
clients allotted Master Bedroom terrace space without
any further delay.

ll)Therefore, I am instructed to call upon you Noticee,

which I hereby do and forthwith require you Noticee,
to hand over the possession of Flat No. sog, situated
on the Fifth Floor, in c Building in your project
registered with MahaRERA vide project Registration
No. P521oooo5l26, namely "Kingston Aura,, to my
clients within a period of z days from the date of
receipt of this notice;

Failing which, my clients shall be constrained to take

appropriate legal action for the same as may be advised,
Page 6 of 7
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needless to say entirely at your risk as to cost and

consequence of the sarne, including the cost of this notice.

Copy of this notice has been retained in my office for

future action and references.

Advocate

Notice_Page 7 of 7
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Reply Notice
Through Email

Date: 06th April-2024

To,
M/s. Vedant Estate and Properties,
Through its Authorized Partner
Mr. Sandeep Deepak Agarwal
& Partner Mrs. Shashikala Deepak Agarwal
Having office at-
101, Dattaguru Complex, Lane No. 6,
Near Bank of India, Koregaon Park,
Pune -411001

Subject: - Reply to CRM Vedant Email Notice dated 16th March-2024, for
Inspection & Possession of project Kingston Aura Flat C-503.

After 7 years 11 months wait, we finally received your Notice for Inspection &
Possession of the Kingston Aura flat C-503 on 16th March-2024. Please find our
following noted summarization of events, our interim findings basis permitted
inspection and consulted expert assessment of your constructed project unit.
A. Brief

Sale Agreement & payment information:-

1) As per Flat/Unit Sale Agreement executed dated 16th April-2016 by you
and duly registered at Joint Sub Registrar, Haveli - 10, Pune vide Sr. No.
5697/2016 on 18th April-2016, the said agreement establishes your
stated indisputable obligation has been and is to develop the said
‘Kingston Aura’ project in all totally admeasuring Hector 02=88.25 Ares,
(28,825 Sq. Mtr) situated at village Autade Handewadi, Taluka Haveli,
District Pune as per the granted N.A. & construction permission by The
Collector, Pune, vide its order No. PMH/NA/SR/320/2014 dated 5th
March-2015 and the approved construction drawing plan dated 17th
June-2014 therewith detailed in granted permission.
2) We have duly paid and parted with our honest hard-earned money
and consented to Axis Bank Home Loan A/c PHR157601867178
disbursements explicitly and expressly for to be constructed (under-
construction) project ‘Kingston Aura’ as per your declared and granted
N.A. & Construction permission by The Collector, Pune, vide its order No.
PMH/NA/SR/320/2014 dated 5th March-2015 and the approved
construction drawing plan dated 17th June-2014 therewith detailed in
granted permission.
Events leading to delay complaint :-
3) After unreasonable delay in project completion, we approached
MahaRERA through our Complaint No. CC005000000054113. The
Hon'ble Member II, MahaRERA heard the said complaint and was pleased
to allow it by order dated 4th April-2020.

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4) Since you failed to show justifiable and reasonable cause for non-
compliance with the order, a warrant for recovery of the interest amount
under Section 40(1) of the RERA was issued on 28th Dec-2020.
Accordingly, MahaRERA has forwarded the recovery warrant to the
Collector, Pune, as of till date is pending execution. (MahaRERA
Recovery Warrant Ref. No. MahaRERA/VH/WARRANT/111/12/2020).
5) You, being aggrieved with the order passed by the Hon’ble MahaRERA
Authority, filed an Appeal bearing No. AT005000000052662 before the
Hon’ble Maharashtra Real Estate Appellate Tribunal, Mumbai, on 29th Sep-
2020. In the said appeal along with your various grounds and presented
exhibits, you also submitted Exhibit D on Pagination-126 an Architecture
Completion Certificate by Vilas Tarwadi stating that, the construction
is according to the plans sanctioned vide order No.
PMH/NA/SR/320/2014 dated 5th March-2015 and No provision of
the Act or the building Regulations, no requisitions made, condition
prescribed or orders issued there under have been transgressed in
the course of the work. You’re this Appeal bearing No.
AT005000000052662 as for your knowledge was dismissed for want of
compliance by Hon’ble Maharashtra Real Estate Appellate Tribunal,
Mumbai, vide order dated 18th March-2021 and subsequent restoration
of appeal AT005000000052662 by order of Hon’ble High Court in SA
No.423 of 2021 was again dismissed for want of your appearance and
other grounds by Hon’ble Maharashtra Real Estate Appellate Tribunal,
Mumbai, vide order dated 6th September-2023.
6) It must also be noted by yourselves, as per the Hon’ble MahaRERA
Authority CC005000000054113 Order on the Recovery Application
dated 28th Dec-2020, you were directed to form the Association / Society
of the Allottees and register it in 15 days. In compliance of the order, you
have made available on the Maha RERA website the Society Registration
Certificate dated 8th Jan-2021, it was obligatory and binding on you to
execute and register a conveyance deed in favour of the association of the
allottees of the apartment or the common areas as per both MOFA & RERA
Acts. Which as per our learning you have not yet fulfilled, neither are you
forthcoming with any clarification.
Issuance of Partial Occupancy Certificate reason of suspicions :-
7) As we learned that the Partial Occupancy Certificate dated 11th Dec-2020
issued for the project 'Kingston Aura' from the competent authority, i.e.,
the Pune Metropolitan Region Development Authority. We have reached
out to you multiple time seeking clarification on suspected discrepancies;
however, you willfully kept restraining us from providing any explanation,
restraining of access to the approval documents and restricting admission
to premises of the project to inspect our flat, as in the events of 9th May-
2023 pertaining to your representative using their muscle
power/dominance. Your and your employees’ conduct on numerous
occasions have caused an experience of great pain and suffering for us
having paid an enormous amount for the purchase of a ‘Dream Home’.
8) After running from pillar to post to obtain information through multiple
RTI applications as recent as 24th Jan-2024 and consulting multiple
experts and basis the technical & legal report dated 22-June-2023,
STRUCTURAL REVIEW & OPINION - KINGSTON AURA by YG Consulting
& Engineers LLP-Delhi, Oculus Legal-Delhi, Adv. Nilesh Borate and others.
Also, we acknowledge valuable support of the authorities and honest well-
wishers in enabling factual discoveries and various breach of our rights by
yourselves. Having experienced your non-cooperation, dishonest
disclosures, suppression of truths, refusal and unlawful restraint pushing

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us to seek assistance of Police Department, Pune in the matter through

application dated 11th May-2023.
9) Your blatant act of unilaterally adjusting the disputed balance payment of
Rs. 5,83,531/- from our accruing delay interest compensation awarded in
Order dated 04/08/2020 of MahaRERA Complaint no.
CC005000000054113 to deceitfully show compliance before Hon’ble
High Court in SA No.423 of 2021 and before MahaRERAT in MA for
Restoration in Appeal AT006000000052662, by under calculating the
delay compensation amount due for delay in possession of our Flat. This
act itselfs reflect your malicious intent to make us suffer and delay justice
for us. With your full awareness of the fact that you have not constructed
the project as per the N.A. & construction permission by The Collector,
Pune, vide its order No. PMH/NA/SR/320/2014 dated 5th March-2015
and the approved construction drawing plan dated 17th June-2014
therewith detailed in granted permission.

B. Inspection findings, uncovered deviations, and facts.

Our findings below, are on the basis of the review of Project sanctions plans, and
approval documents obtained through RTI applications, expert consultation and
legal assessment, verification, and opinions. Which we now declare having
gained the rightful inspection access to the project & Kingston Aura Flat 503
enabled by the intervention/assistance of the Police Department Pune as result
of our police complainant against you and other colluding parties for cheating,
fraud, breach of trust, wrongful restraint and other criminal violations being
committed by yourselves.
Affirmation basis scrutiny and inquiries between - 29/02/24 to 05/04/24
i. The Flat/Unit Sale Agreement executed dated 16th April-2016 by you and
duly registered at Joint Sub Registrar, Haveli - 10, Pune vide Sr. No.
5697/2016 on 18th April-2016. Subject to the provisions of the
Maharashtra Ownership Flat Act, 1963.
ii. As per the said agreement your stated indisputable obligation has been
and is to develop the said ‘Kingston Aura’ project in all totally
admeasuring Hector 02=88.25 Ares, (28,825 Sq. Mtr) situated at village
Autade Handewadi, Taluka Haveli, District Pune as per the granted N.A. &
construction permission by The Collector, Pune, vide it’s order No.
PMH/NA/SR/320/2014 dated 5th March-2015 and the approved
construction drawing plan dated 17th June-2014 therewith detailed in
granted permission.
iii. As per Agreement you have made various false and fraudulent
disclosure to us regarding Carpet area, Built-up area, dimensions,
Govt. True Market valuation for the sold Flat/Unit C-503 in project
Kingston Aura, including deliberate omissions which is at absolute
deviation from the prevailing approved N.A. & construction permission by
The Collector, Pune, vide it’s order No. PMH/NA/SR/320/2014 dated 5th
March-2015 and the approved construction drawing plan dated 17th
June-2014 therewith detailed in granted permission as appraised by us
after evaluating the sanction plans and drawing with Pune Metropolitan
Region Development Authority (PMRDA) through RTI 2005 applications.
iv. We have duly paid and parted with our honest hard-earned money
and consented to Axis Bank Home Loan A/c PHR157601867178
disbursements explicitly and expressly for project ‘Kingston Aura’ as per
your declared legal and granted N.A. & Construction permission by The
Collector, Pune, vide its order No. PMH/NA/SR/320/2014 dated 5th
March-2015 and the approved construction drawing plan dated 17th

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June-2014 therewith detailed in granted permission. You by deceitful

Demand Invoices and maliciously misappropriated our money and
Bank’s Home loan financed money for your own profiteering and
illegal unilateral unconsented construction undertaking by
yourselves.
v. As per our evaluation of N.A. & Construction permission by The Collector,
Pune, vide its order No. PMH/NA/SR/320/2014 dated 5th March-2015
as specified above the project had 354 flat units with 5 towers/ buildings.
While in present project revisions by you shows there is 453 flat units
with 7 towers/ buildings besides much diminished common amenities
and facilities which we never have agreed for nor have you come forth
for any revision consent or honest disclosure. It is apparent that your
intention in these unilateral changes is to steal and take advantage of
trusting and unaware allottees as us of our rightful FSI. You have also
defrauded us of the beneficial government jurisdictional land potential
hike and increased additional FSI land potential benefits as passed on by
the authorities.
vi. As per factual events stated in earlier part viz, Section-A Points 3, 4 & 5
your Appeal bearing No. AT005000000052662 before the Hon’ble
Maharashtra Real Estate Appellate Tribunal, Mumbai, on 29th Sep-2020.
In the said appeal along with your various grounds and presented exhibits,
you also submitted Exhibit D on Pagination-126 an Architecture
Completion Certificate by Vilas Tarwadi stating that, the construction is
according to the plans sanctioned vide order No. PMH/NA/SR/320/2014
dated 5th March-2015 and No provision of the Act or the building
Regulations, no requisitions made, condition prescribed or orders issued
there under have been transgressed in the course of the work. Contrary to
your submission after our rightful inspection the constructed project
Kingston Aura flat C-503 is anything but as per the plans sanctioned vide
order No. PMH/NA/SR/320/2014 dated 5th March-2015, as per this
stated plan the Flat C-503 is in adjacent line up to Service & Passenger
Lifts. Going by this reasonable approach the Flat C-503 in your actual
constructed building should be Amenity facing given the placement
of the Lifts, however you have on your own accord unilaterally altered
the Flat C-503 diagonally opposite the Passenger Lifts (Service Lift is
non-existent) with Road facing view. Moreover, as per the fraudulent
disclosures by yourselves in the executed Sales Agreement as detailed in
earlier Points 1 of Section-A, of the said Agreement the flat has been
described as admeasuring 1115 Sq. Ft. (103.62 Sq. Mt.) The Carpet area
will be measuring 64.68 sq.mtrs (696 sq.ft) and terrace measuring 11.98
sq.mtrs (129 sq.ft). In the executed Sale Agreement there is no
specifics of any balconies, enclosed balconies, or cupboard areas
shown or stated, however as per the specifics shared of the
constructed flat by your project site representatives’ during
inspection it is in violation of agreement and transgressing the plans
sanctioned vide order No. PMH/NA/SR/320/2014 dated 5th March-
2015 and the approved construction drawing plan dated 17th June-
2014 therewith detailed in granted permission.
vii. Post reviewing and inspecting the project ‘Kingston Aura’ and Flat C-503
we have come to infer, that through deliberate dishonest disclosures you
indulged in illegal construction intentionally for profiteering by
defrauding and misappropriating our money, causing us significant
financial damages, physical, mental agony, and harassment. It is appalling
that you one-sidedly adjusted the balance amount as detailed in Section A
Point 9 from the delay possession compensation by Hon'ble MahaRERA
authority. Knowing you have transgressed, isn’t this an act of extortion ? It
is sheer marvelous the magnanimous scam you pulled off by first

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undertaking illegal construction, offering illegal possession without OC,

then obtaining Partial OC and finally regularizing the illegal construction
through unilateral plan revisions. It took us 7 years, 11 months & 19 days
to fully grasp your rip-off, being an ordinary citizen lacking the technical
knowledge and understanding of construction rules and regulations.
However, as per our agreement your stated indisputable obligation has
been and is to develop the said ‘Kingston Aura’ project in all totally
admeasuring Hector 02=88.25 Ares, (28,825 Sq. Mtr) situated at village
Autade Handewadi, Taluka Haveli, District Pune as per the granted N.A. &
construction permission by The Collector, Pune, vide its order No.
PMH/NA/SR/320/2014 dated 5th March-2015 and the approved
construction drawing plan dated 17th June-2014 therewith detailed in
granted permission, which is presently nonexistent.
viii. Our findings are contrary to the Architecture Completion Certificate
by Vilas Tarwadi, as filed by yourselves in the Appeal bearing No.
AT005000000052662 before the Hon’ble Maharashtra Real Estate
Appellate Tribunal, Mumbai, on 29th Sep-2020 shown Exhibit D on
Pagination-126 Architecture Certificate (refer. Section A: Point-3,4,5) the
building that is indicated ready in Aug-2019 is not as per the granted
permission No. PMH/NA/SR/320/2014 dated 5th March-2015. For such
unit buyer / allottee rights violated construction a Partial OC was granted
on 11th Dec-2020, furthermore on 7th June-2021 you got the
unconsented unilateral illegal constructions regularized by sanction plan
revision provisions with about 99 more flats/units (refer. Section B;
Point-v). This act of yours is absolute misuse and exploitative for the end
consumer the allottees as us, therefore you have breached our trust,
severely caused damages to our investments both in time & money,
compromised the quality and the amenities.
C. Present Scenario
1. On our recent follow-ups with Axis Bank, we were referred to your
provided Approved Project Finance (APF) document (Index II
registered at Joint Sub Registrar, Haveli - 22, Pune vide Sr. No.
10875/2015 on 3rd October-2015) which Axis Bank relied upon for Axis
Bank Home Loan A/c PHR157601867178 sanctioning. On perusal of
this stated document, we learnt that your project finance loan through
India Infoline Housing Finance Ltd (IIFL-HFC) (Prospect No:731932)
Final Sanction Letter dated 30th Sep-2015 mentioned 16.50% ROI
(Rate of Interest) for the project financing loan cost. As per the execution
date of this APF document and as per our executed Sale Agreement the
‘Kingston Aura’ project granted sanction is per N.A. & construction
permission by The Collector, Pune, vide its order No.
PMH/NA/SR/320/2014 dated 5 th March-2015 and the approved
construction drawing plan dated 17 June-2014 therewith detailed in
th

granted permission.
2. Now after pursuing Pune Metropolitan Region Development Authority
(PMRDA) through applications under Right to Information Act 2005 and
appraising the obtained N.A. & construction permission by The Collector,
Pune, vide its order No. PMH/NA/SR/320/2014 dated 5th March-2015
and the approved construction drawing plan dated 17th June-2014
therewith detailed in granted permission, we found to our shock and
revelation you baited us with the false and fraudulent disclosure about
Carpet area, Built-up area, dimensions, Govt. True Market valuation,
intentional omissions and other violations regarding project ‘Kingston
Aura’ & sold unit Flat C-503.

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3. On our inspection of the project ‘Kingston Aura’ & Flat C-503 in response
to your ([email protected]) CRM Vedant email notice dated 16th
March-2024, we submit to you being aggrieved and affirming that the
constructed flat is not as per the executed agreement stated N.A. &
construction permission by The Collector, Pune, vide its order No.
PMH/NA/SR/320/2014 dated 5th March-2015 and the approved
construction drawing plan dated 17th June-2014 therewith detailed in
granted permission. In contrast we duly bring to your notice, your attested
own submissions in the proceedings of our delay possession Complaint
CC005000000054113 with Hon'ble MahaRERA Authority and your
appeals against the impugned order is that per the Architecture Certificate
(see above, Section A: Point-5) the building that is indicated ready in Aug-
2019 is not as per the granted permission No. PMH/NA/SR/320/2014
dated 5th March-2015. For such unit buyer / allottee rights violated
construction you applied and obtained Partial OC granted on 11th Dec-
2020, furthermore on 7th June-2021 you got the unconsented unilateral
illegal constructions regularized by sanction plan revision provisions with
about 99 more flats/units (refer. Section B; Point-v). This act of yours is
absolute misuse and exploitative for the end-user consumer the allottees
as us, therefore you have breached our trust, severely caused damages to
our investments both in time & money, compromised the quality and the
amenities. Based on your conduct and violations it is clear you have no
regard for the rights of allottees, nor for the established MOFA & RERA
promoter obligations. Thus, our ‘Dream Home’ has been completely
compromised and the same is non-existent.
4. As of today, after 7 years 11 months 21 days delay during which we
continue to endure significant financial hardship living on rental
accommodation, compromised living to make ends meet in servicing the
Axis Bank Home Loan A/c PHR157601867178, as this is to be our first
and only house we qualified and are recipients of Pradhan Mantri Awas
Yojana launched by Hon'ble Prime Minister Shri Narendra Modi ji. Families
majorly avail home loan top-up for home furnishing, renovation, revamp,
besides other life enriching reasons. Contrariwise we had to rely upon top-
up loan funding to cover the cost of litigations which sadly was blatant
attempts to oppress us, delay & deny justice for our sufferings. The mental
agony and harassment we experienced is beyond words, suffering multiple
anxiety & stress related hospitalizations. Our personal and professional
lives and marriage suffered, because of the lack of our own home we
deferred family planning. Now we just often painfully reminisce and
wonder how different our life could have been and the opportunities we
lost having got entrapped in your scam.
5. Lastly Under Protest with absolute reservation of our unit buyer /
allottees rights and privileges including initiating appropriate legal
remedies for the damages and sufferings caused to us due to your violation
of our trust & rights. We are willing to take Possession of the disputed
Kingston Aura flat C-503 on following conditions.
a. With our rights reserved to seek restoration of original granted N.A.
& construction permission by The Collector, Pune, vide its order No.
PMH/NA/SR/320/2014 dated 5th March-2015 and the approved
construction drawing plan dated 17th June-2014 therewith detailed
in granted permission. Presently pending listing for hearing before
MahaRERA through our Complaint No: CC005000000228339.

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b. Presently offered for possession Flat C-503 is totally compromised

and defective thus no cost or no charges to be adjusted against our
paid self-funded money, accruing delay compensation by MahaRERA
authority and Axis Bank Home loan financed money, which you
through fraudulent disclosures have misappropriated from us.
c. With our rights reserved to seek appropriate legal remedies under
both Civil & Criminal laws for your wrongful deeds and actions.
d. With our rights reserved to demand your promoter obligatory
responsibilities like installation of electricity meter, Service Lift,
provision for water supply, safety, security, and other statutory
essentials.
e. With our rights reserved to seek from you, your sole responsibility,
and statutory obligations for payment of outgoings till property is
rightfully transferred to us.
f. With our rights reserved against all your one-sided blanket consents
and illegal unethical clauses.
g. With our rights reserved to seek refund, damages, compensation &
for opportunity losses.
h. With our rights reserved to inspect and seek all project related
expense accounts, maintenance expenditure.
i. With our rights reserved to form allottees buyer association to
safeguard all unit buyer interest against your any further unilateral
wrongful actions.

We have been sufferings for 7 years 11 months 21 days, however without

prejudice to your rights and with consideration we give you reasonable
seven days from serving of this notice to decide and give possession of the
project Kingston Aura - Flat C-503 to us without any prejudice to our unit
buyer/allottees rights & privileges. Kindly note that it will be always your
sole liability to indemnify and keep indemnified us against all eventualities
arising thereto including but not limited to all costs, compensation,
interest, damages, fines, levies, charges, actions, penalties, proceedings,
litigations etc. as may be imposed/arisen, or which may arise later in
relation to acts of your omission and commission against us.

Annexures attached herewith for your perusal.

▪ CRM Vedant Email Notice dated 16th March-2024
▪ STRUCTURAL REVIEW & OPINION - KINGSTON AURA report dated
22nd June-2023
And,
In CC, we notify Axis Bank, PMRDA, Police Department Pune, MahaRERA &
MahaREAT and other vested legal parties and authorities.

Place :- Pune
Mrs. Poonam Charles Kumar
Mr. Charles Suresh Kumar
Unit Buyer / Allottees
[email protected]
[email protected]
PTL
+91-9923052850

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4/6/24, 7:15 PM Gmail - Regarding Possession letter for flat C-503
167

Charles Kumar <[email protected]>

Regarding Possession letter for flat C-503

1 message

CRM VEDANT <[email protected]> 16 March 2024 at 15:38

To: Charles Kumar <[email protected]>, [email protected]
Cc: Vedant TECHNICAL HO <[email protected]>, Kingston Aura Site
<[email protected]>

Dear Sir/Madam,

Greetings for the day!!

I am happy to inform you that your flat no - C-503 in project Kingston Aura is ready for
possession. So Kindly request you to visit the site as earliest as possible and sign on the
possession checklist. After this process is completed you can come and collect a possession
letter from the Head office.

Best Regards,

Crm Team,
VEDANT DEVELOPMENTS.
Dattaguru Complex, Lane No. 6
Above Bank of India Koregaon Park Pune - 411 001
Maharashtra State [INDIA]
Tel: 020-67623118
web : www.vedantdevelopments.com

https://mail.google.com/mail/u/0/?ik=d9f82b0140&view=pt&search=all&permthid=thread-f:1793677042148869684&simpl=msg-f:1793677042148869684 1/1
 168

STRUCTURAL REVIEW & OPINION - KINGSTON AURA

YG CONSULTING & ENGINEERS LLP

Reg. Address: A-242, New Friends Colony, New Delhi-110025
Corp. Of ce: T17, 3rd Floor, Aditya City Center, Vaibhav khand, Indirapuram,
Ghaziabad-201014
0120-4090883, 09650989219,
[email protected], www.ygconsultingengineer.com

Disclaimer: This Report has been prepared by taking into consideration the expert opinion of lawyers, structural engineers and other
professional(s) by YG Consulting & Engineers LLP on the basis of the documents shared by Mr. Charles Kumar, the allottee of Unit No. 503,
5th Floor, Wing - C, Kingston Aura, Handewadi, Pune, on the basis of the information and documents obtained from the public domain
including the portal of Maharashtra RERA and other documents and information obtained directly from the Competent Authority(s). The
purpose of this Report is to point out the various violations and acts of overstepping the law committed by the Promoter which in turn has
widely prejudiced the project and its allottees. YG Consulting & Engineers LLP bears no responsibility of the opinion formulated on the basis
of any incorrect information, fact and/or document(s) (if any) available online. This review and opinion is simply to help the cause of the
suffering allottees and point out to the concerned Competent Authority(s) the various illegal acts committed by the Promoter in the captioned
project. That this document is nothing but an assessment and opinion of experts the authors do not intend defamation, libel or any such
unwarranted loss to the project or its Promoter. That this present document shall be read and interpreted in absolute conformity of the
documents/plans/information attached herein as Annexures.

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TABLE OF CONTENTS

Particulars Page No.

Brief Background 3-6

Ambiguity in Sanctioned Plans 7-13

Analysis of Provisions of National Building Code 14-15

Analysis of Provisions of Maharashtra Building By- 16

Laws

Analysis of Provisions of the MOFA Act, 1963 17-18

Analysis of Provisions of the RERA Act, 2016 19-20

Analysis of Safety Hazards from Structural Safety 21-22

point of view

Conclusion & Opinion 23

ANNEXURES

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Brief Background:

M/s Vedantestate and Properties, a partnership firm registered under the Partnership Act,
1932, hereinafter referred to as “Promoter” proposed to develop and sell a real estate
project in the name and style of “Kingston Aura” proposed to be developed at Village
Aubade Handewadi, Taluka Haveli, District Pune, within the limits of Zilla Parishad, Pune,
Taluka Panchayat Samitee Haveli Pune hereinafter referred to as the “Project”. The said
project was marketed and thereafter sold to the public at larges some time around 2014 -
2016. The said property, hereinafter referred to as “Project Land” is admeasuring 88.25
Acres (28,825 Sq. Mts.).

Thereafter, in the year 2016 the parliament of India introduced the Real Estate (Regulation
& Development) Act, 2016 hereinafter referred to as “RERA Act”. The said Act was
notified in the year 2017. In compliance of the Section 3 read with Section 4 of the RERA
Act the Promoter duly registered the said project with the Maharashtra Real Estate
Regulatory Authority, hereinafter referred to as the “Authority” vide registration bearing
No. P52100005126 vide Registration Certificate dated 09.09.2021 for a period commencing
on 09.08.2017 to 30.03.2022.

In the year 2016, one Mr. Charles Suresh Kumar & Ms. Poonam Mewalal Gupta,
hereinafter referred to as the “Allottee” were approached by the marketing representatives
of the Promoter for sale of a flat in the captioned project. Thereafter, an Agreement to Sell
dated 16.04.2016 duly registered with the Sub Registrar, Haveli No. 10, vide Sr. No.
5697/2016 was executed between the Allottees and Promoter for sale and purchase of a flat
bearing no. 503, 5th Floor, C-Wing admeasuring carpet area 76.67 Sq. Mt. (825 Sq. Ft.) for
a total sale consideration of Rs. 40,53,400/- (Rupees Forty Lakhs Fifty-Three Thousand
Four Hundred Only) hereinafter referred to as the “Unit”. It is noteworthy that a floor plan
demarcating and specifying the dimensions of the flat had also been attached with the said
registered Agreement to Sell.

As per the provisions of Section 4 of the RERA Act, 2016 the Promoter was liable to upload
true and complete information as prescribed thereunder on the portal of the Authority. In
compliance, of the said mandate of the law the Promoter has uploaded certain Building
Plans and other information on the web portal of the Authority. On examination of the portal
it has become outrightly clear that the information submitted/uploaded by the Promoter is
incomplete. Furthermore, on inspection of the portal it was revealed to the allottees that the
dimensions, specifications of their unit and that of the project as a whole are in contradiction
to the terms and conditions and promises made by the Promoter at the time of allotment. It
is also evident that there are certain violations that seem to have been committed by the
Promoter in contravention to the provisions of the RERA Act, 2016, Maharashtra Flat
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Ownership Flats (Regulations of the Promotion of Construction, Sale, Management and

Transfer) Act, 1963, Maharashtra Building Byelaws (as amended from time to time),
National Building Code (as amended from time to time) and other applicable laws.

This case study and the conclusion herein is based out of the various documents at hand
including but not limiting to those submitted by the Promoter to various Competent
Authorities, Agreement To Sell dated 16.04.2016, applicable laws etc. The purpose of this
analysis and the opinion formulated thereunder is to point out the various violations
committed by the Promoter in regards to the captioned project, the safety hazards entailing
such violations and to also point out the various laws that have been bypassed by the
Promoter in the commission of such violations.

Furthermore, for a concise understanding of events herein above elaborated a list of events
has been tabulated herein below:

Timeline
Applicable coming
Date Event Notes
into Force.

Initial Sanction As per the drawing and Urban Planning

Plan was Letter J. No/NABP/Autade Handewadi/
17.06.2014
approved for the Taluka Haveli/S.No 8/5/1 and others/S.S.P/
project. 3686 dt 17-06-2014

Approval of drawing / construction plan

Collector NA & under section 18 of the Maharashtra Regional
Construction Planning and Town Planning Act, 1966 with
05.03.2015 Permission were non-agriculture permission as per Collector
obtained for the NA Letter dated 5th March 2015- Issuing
project. Authority Collectorate of Pune (Revenue
Branch)
An Agreement
to Sell was
executed for sale Maharashtra
and purchase of Agreement to Sell dated 16.04.2016 duly Ownership
a flat bearing registered with the Sub Registrar, Haveli Flat Act, 1963
16.04.2016 and
no. 503, 5th No. 10, vide Sr. No.5697/2016 was executed
Floor, C-Wing between the Allottees and Promoter Maharashtra
between Apartment
Promoter & Ownership
Allottees Act, 1970

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Development Permission & Commencement

Certificate Approved as per Rule No. 6.6.1 of
Maharashtra Development Control &
Promotion Rules - Issuing Authority Pune
Metropolitan Region Development Authority,
1st Revision of
Pune.
Sanction Plan
31.12.2016
was approved for
It is to be noted that any change/revision in
the project.
the said Plan could not have been obtained
unless the consent of all the allottees i.e.
100% consent is obtained by the Promoter/
developer as per the provisions of MOFA Act,
1963.
As per the applicable Rules and Regulations
thereunder, upon the request of the holder of
the building permission the Authority may
issue a part occupancy certificate for a
1st Partial building or part thereof, before completion of
Occupancy the entire work as per building or part
Certificate for thereof, before completion of the entire work
Wing A, Wing B, as per building permission provided sufficient
11.12.2020
Wing C and precautionary measures are taken by the
Comm. Building holder of the building permission to ensure
was obtained for public safety and health safety, The part
the Project. occupancy certificate shall be given by
Authority subject to the owner indemnifying
the authority as per the given Partial
Occupancy Certificate Appendix B of the said
Rules.
Revised Development Permission &
Commencement Certificate Approved as per
Rule No. 6.6.1 of Maharashtra Development
In
Control & Promotion Rules by the Competent
Maharashtra
2nd Revision of Authority Pune Metropolitan Region
the RERA
Sanction Plan Development Authority, Pune
07.06.2021 Act, 2016
was obtained for
came into
the Project. It is to be noted that such change/revision in
force
the sanctioned plan was obtained by the
effective May
Promoter/Developer without the 2/3rd
1, 2017
consent of the allottees of the project which is
the mandate of the RERA Act, 2016.

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2nd Partial
As per the applicable Rules and Regulations
Occupancy
thereunder, upon the request of the holder of
Certificate for
the building permission the Authority may
Wing A, Wing D,
issue a part occupancy certificate for a
and Wing E was
building or part thereof, before completion of
obtained for the
the entire work as per building or part
Project
thereof, before completion of the entire work
as per building permission provided sufficient
30.12.2022 The OC was
precautionary measures are taken by the
granted
holder of the building permission to ensure
arbitrarily i.e.
public safety and health safety, The part
without the
occupancy certificate shall be given by
consent of the
Authority subject to the owner indemnifying
Allottees
the authority as per the given Partial
inclusive of extra
Occupancy Certificate Appendix B of the said
units and major
Rules.
changes in the
layout.
As on date the current status of the Project is
such that the construction/completion of the
Project remains to be incomplete. The
Promoter/Developer is yet to obtain
Present Day Completion Certificate and Complete OC in
respect of the project as can also be
understood from the perusal of the
information uploaded on the MahaRERA web
portal.

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AMBIGUITY IN SANCTIONED PLANS

• Sanctioned Plan(s) dated 21.05.2014

The Plans uploaded on the portal of the Authority are dated 2016 or thereafter but on perusal
of the documents, public record of the Town Planning & Valuation Department, Pune
Branch and other Competent Authority(s) it has been revealed that the Promoter has
obtained sanctioned plans as earlier as 2014. As per the said sanction plan dated 21.05.2014
including the relevant building plans, layout plans etc the proposed project had 5(five)
towers/wings namely A,B,C,D & E each of the said towers/wings compromised of G+11
Floors.

More particularly, the unit in question i.e. 503 has been reflected in ‘C’ Wing (5th Floor
Plan).

A copy of the sanctioned Plans obtained in the year 2014 have been attached herein as
Annexure ‘A’.

• Sanctioned Plan(s) dated 2016

It is noteworthy, that on perusal of the portal of the Authority it is appropriately clear that
the Promoter has uploaded certain sanctioned plans and requisite documents on the said
portal but there seems to be clear cut concealment of facts and documents including certain
sanctioned plans that are relevant to the said subject project. To point out, the entire set of
Updated/Revised Sanctioned Plans including the Approval Letter for such revision/
alteration has not been uploaded on the portal further, for instance, Section Plan is not
uploaded, the Elevation Plan pertaining to ‘C’ Wing has not been uploaded and so on so
forth. The biggest concealment of it all is this that the Promoter has categorically failed to
upload the Latest Permission/Approval/NOC obtained from the Competent Authority(s) for
additional towers/wings i.e. Wing - F & Wing - G.

As per the plans and information available on the portal it can be seen that the dimensions/
specifications and the layout of the unit in question have been changed more particularly the
balconies have been altered with. It is also important to point that major changes in the floor
plans have also been undertaken such as the location of Passenger & Service Lifts have
been changed in contradiction of the original sanctioned plan.

Further perusal of the plans showcases that the total height of certain towers/wings has been
changed as per the initial sanctioned plans all the towers/wings were G+11 Floors as of now
the same has been changed G+13/14 Floors, basement(s) have also been added.
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It is also relevant to point out that the initial footprint of the Building and the existing
footprint more particularly of the Wing - C has also been changed/altered.

A copy of the sanctioned Plans as uploaded on the portal of the Authority dated 2016 or
thereafter have been attached herein as Annexure ‘B’.

• Extracts of Sanctioned Plans to depict Alteration/Changes

Hereinbelow, portions of the sanctioned plans have been extracted and thereafter points of
relevance have been marked out to point out the changes/alterations/variations:

EXTRACT OF WING – C (5th Floor Plan)

[11/20] SANCTIONED PLAN DATED
31.12.2016
(CHANGES MARKED IN ORANGE)

Figure 1

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EXTRACT OF WING – C (5th Floor Plan)

[10/18] SANCTIONED PLAN DATED
17.06.2014

Figure 2

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EXTRACT OF SANCTIONED LAYOUT

PLAN [1/33] DATED 07.06.2021
(CHANGES MARKED IN RED)

Figure 3

EXTRACT OF INITIAL SANCTIONED

LAYOUT PLAN [2/18] DATED 17.06.2014

Figure 4

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EXTRACT OF WING – C (5th Floor Plan)

[10/18] SANCTIONED PLAN DATED
17.06.2014 showcasing the initial location of
LIFTs (marked in red)

Figure 5

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EXTRACT OF WING – C (5th Floor Plan)

[11/20] SANCTIONED PLAN DATED
31.12.2016
(CHANGES MARKED IN ORANGE)

Figure 6

NOTE: The latest pictures of the project have been added as Annexure ‘C’. The pictures have
been clicked from various angles to showcase the construction of the project in contradiction to
the approved plans and also to show the current status.

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From perusing through the above mentioned figures/extracts the following comparative
table has been drawn to summarise the changes:

As per Initial Sanctioned Plan

Name of Height Built Up Balcony Balcony Dry No. Of

Wing/ Area Area Area Balcony Tenements
Tower (Permissibl (Proposed)
e)
A - Wing 36 M 3723.51 604.93 595.91 281.82 63
B - Wing 36 M 4120.84 673.74 667.07 301.34 63
C - Wing 36 M 4120.84 674.29 672.29 301.34 63
D - Wing 34.55 M 5629.47 843.70 839.19 435.27 99
E - Wing 34.35 M 3896.05 584.43 577.10 295.24 66

*Units in Sq. Mts.

As per Subsequent Sanctioned Plan

Name of Height Built Up Balcony Balcony Dry No. Of

Wing/ Area Area Area Balcony Tenements
Tower (Permissibl (Proposed)
e)
A - Wing 41.25 M 4846.33 726.06 428.37 319.83 75
B - Wing 35.55 M 4413.25 661.97 387.10 319.83 63
C - Wing 35.55 M 4357.34 653.53 424.51 319.83 63
D - Wing 40.90 M 6436.37 965.36 611.83 392.70 128
E - Wing 40.90 M 4762.53 714.35 241.04 306.67 102
F - Wing 11.40 M 982.64 147.38 - - 12
G - Wing 8.55 M 787.28 114.84 - - 10

*Units in Sq. Mts.

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 181

Analysis of Applicable provisions of the National Building Code, 2005 (as amended
time to time)

The National Building Code, 2005 (as amended from time to time) is the Bible that all
professionals including architects, engineers, contractors, builders, developers including the
Promoter of the subject project are bound by for development of a real estate project across
the country.

As discussed in the paras above the Promoter has advanced various changes in the
Sanctioned Plan so it is imperative to look at the various provisions of the National Building
Code, applicable to the project at hand:

I. At the very outset it is to be pointed out that the Promoter has not uploaded the Fire
Safety Plan on the portal of the Authority and neither uploaded the NOC (No Objection
Certificate) that is to be obtained from the fire safety point of view from the concerned
Fire Department. The Fire Safety Plan approved by the Competent Authority depicts the
fire safety facilities in the project including routes of evacuation, exit etc.

II. As per Rule 12.7 of the Part - II, ‘Administration’ of the National Building Code,
2005 (it has not been reproduced herein for the sake of brevity) it has been prescribed
that for any deviation from the sanctioned plans, revised plans shall be sanctioned by the
Competent Authority in this case Town Planning & Valuation Department, Pune Branch
or any other Competent Authority and due procedure for the previous sanctioned plan
shall be duly followed. In the instant case, the Promoter has never disclosed the
existence of a previous Sanctioned Plan or the fact that there has been any deviation/
revision from the same to an extent that even towers/wings have been further added. As
per the disclosures made at the time of registration of the project with the Authority only
plans dated 2016 or thereafter have been uploaded. There is no material on record to
show whether or not the Promoter has duly disclosed/complied with the directives as
mentioned above.

III. As per Rule 12.10.1 of the Part - II, ‘Administration’ of the National Building Code,
2005 (it has not been reproduced herein for the sake of brevity) it is mandatory that the
approved, sanctioned building plans of the subject project should have been scrutinised
by the concerned Fire Authority/Department. As per the information on public domain it
is not clear whether or not the said approval of the Fire Department has been obtained.
Furthermore, in the sanctioned plans post 2016 the structure of the concerned towers has
been changed and post the said changes it is unclear whether approval of the concerned
Fire Department has been obtained.

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IV. As per Rule 9.6 of the Part - III, ‘Development Control Rules and General Building
Requirements’ of the National Building Code, 2005 (it has not been reproduced herein
for the sake of brevity) in case of a “Group Housing” project it has been provided as to
the permissible density, FAR (Floor Area Ratio), Maximum Ground Coverage etc. As
per the sanctioned plans dated post 2016 it is clear that the FAR has been increased, it
has not been disclosed as to on what basis the FAR has been increased and/or whether
the Promoter has complied with the applicable Structural Safety Norms, Policy Norms
that are applicable for such increase in FAR.

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Analysis of the applicable provisions of the Maharashtra Building Code

In consonance with the National Building Code, being the central code for construction
States have codified their own Building Byelaws to be applicable within the subject state.
Likewise, Maharashtra Building Byelaws are applicable to the subject project.

The relevant Rules to be discussed in the facts and circumstances of the subject project are
as such:

As per Rule 23.2 of the Comprehensive Uniform Building Code/Building By-Laws

applicable to the State of Maharashtra the permissible FSI for Residential Buildings to
be developed in the state has been postulated. The permissible FSI ranges from 1.00 to
1.20 with an additional FSI of .20.

Part V of the said By-Laws enlists the conditions and pre-requisites under which
additional FSI may be granted to a Residential Building on various occurrences such as
widening of roads, Buildings of PSUs, amongst others.

In the instant project the Promoter has failed to disclose or adduce any document of
relevance as to on what grounds additional FSI has been obtained neither has he produced
on record any sanction, approval, NOC etc on record to show such grant of additional FSI.

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 184

Analysis of the provisions of the Maharashtra Flat Ownership Flats (Regulations of

the Promotion of Construction, Sale, Management and Transfer) Act, 1963,
Maharashtra Building Byelaws (as amended from time to time)

From a perusal of the Agreement to Sell dated 16.04.2016 it evident that the subject unit
has been defined in Clause 2.1 @Pg. 32-33. The said Clause defines the area of the flat
and that the sale of the said unit shall be only on the basis of Carpet Area, furthermore, it
also mentions that the carpet area is subject of increase of 4-5% and that such increase or
decrease shall render no changes in the Total Sale Consideration agreed upon by the
parties.

Further, in Schedule II (Description of the FLAT) @Pg. 55 of the said Agreement the
unit in question has been defined, the rate at which the total sale consideration has been
fixed has been quoted to be Rs. 38,280/- per Sq. Mt.

The Fifth Floor Plan has been affixed @ Pg. 87 of the said Agreement, at the outset it is
pertinent to mention that the said plan, the readings therein are not legible and the
markings thereunder are unclear. But from the perusal of the same it can be observed that
the common areas, stair case area etc apart from balconies has been pointed out in the
said plan but the same has neither been defined nor explained in the Schedule II and/or
Clause 2.1.

Such lack of disclosures in the said Agreement to Sell contemplate violations of the
provisions of the MOFA Act, 1963, the relevant provisions have been enlisted hereunder:

A. Section 3 r/w Section 4 of the MOFA Act, 1963: That the said provisions of the law
mandate the clear cut disclosure of carpet area of the subject unit, proportionate
percentage undivided interest in the common areas & facilities, the balcony/verandah
areas etc. and that the said disclosure shall duly underlined and explicitly mentioned the
Agreement to Sell to be entered under section 4 of the said Act. In the instant case the
existence of the initial sanctioned plant i.e. those dated as early as 2014 were never
disclosed to the allottees, neither uploaded on the portal of Authority. That the said plans
also do not form matter and content of the Agreement to Sell dated 16.04.2016 contrary
to the directive of the law. As has been elaborated in the paragraphs of previous sections
on perusal of the various plans it is outrightly clear that the dimensions and
specifications of the unit in the plan attached to the Agreement to Sell and those
disclosed before the Authority are different, therefore, it is unclear as to on the basis of
which plan the Promoter has computed Total Sale Consideration and thereafter charged
the same from the Allottees.
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B. Section 7 of the MOFA Act, 1963: In the instant project the sanctioned plans dated
2014 have been changed/altered compared to those of the year 2016 (disclosed on
public domain). The provisions of Section 7 clearly stipulate the obtaining of explicit
consent from the allottees of the subject project before any such alteration, addition or
change as such is effectuated in the building contrary to the already disclosed
sanctioned plans. The Promoter has failed to disclose on the portal of the Authority the
obtaining of any such consent from the respective allottees and therefore without
complying with the mandate of the Law as per section 7 of the MOFA Act, 1963 the
said changes/alterations/variations are blatantly arbitrary.

A copy of the Agreement to Sell dated 16.04.2016 has been attached herein as Annexure
‘D’.

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Analysis of the Provisions of the RERA Act, 2016

From a conjoint reading of the documents at hand, the disclosures/documents/information

available on the public domain it is evidently clear that the Promoter has committed various
violations across different applicable laws. Under the RERA Act, 2016 the Promoter as
defined under Section 2(zk) of the Act is bound by various obligations. From the facts at
hand it is imperative to mention that the Promoter has violated the provisions of the RERA
Act, 2016 on various occasions, the relevant provisions of the Act are enlisted hereunder:

A. Section 4 of the RERA Act, 2016: As per Section 4 of the said Act the Promoter is duty
bound to disclose all the crucial details of the subject project including but not limiting
to the Sanctioned Plans, the consent of the allottees as per MOFA obtained before the
change/alteration in sanctioned plans, the agreement to sell executed with the Allottees,
the complete set of approved building plans, the approval letter for revision/change in
sanctioned plans, the NOC from Fire Department, Fire Fighting Plans, the approval
from concerned competent authority along with policy documents for the additional FSI
etc. All these valuable disclosures have not been provided by the Promoter in its
application for registration of the Project.

A copy of the Project Details as available on the portal of the Authority have been
attached herein as Annexure ‘E’.

B. Section 11 of the RERA Act, 2016: As per Section 11 of the said Act the various
obligations have been casted upon the Promoter. Under sub class (3) the promoter is
liable to provide the approved layout, sanctioned plans etc to the prospective allottees
along with allotment letter at the time of booking. The said disclosures have not been
provided by the Promoter.

C. Section 12 of the RERA Act, 2016: The allottees booked a unit in the subject project as
per the limited information/documents provided by the Promoter including the floor
Plan of the Fifth Floor, C-Wing wherein the dimensions of the unit in question, the
limited common areas etc have been pointed out and also the layout plan of the subject
project. Compared to the said information as available in the Agreement to Sell the
sanctioned plans as uploaded on the portal of the Authority there are specific changes in
the area of the unit in question, eventhough the consideration was paid off by the
Allottees as per the specific disclosures of the Promoter. Moreover, as on date due to
the increase in the number of wings/towers and the total covered the entire
demographics, density etc of the project stands changed. The agreement to sell executed
and the total sale consideration paid off as on date was strictly basis the initial
specifications of the project, layout/specifications of the unit, demographics, density
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etc . First the Promoter has carried out the said changes arbitrarily and thereafter has
failed to either refund the excess consideration and/or duly compensate the financial
agony borne by the allottees on account of such incorrect disclosures. In terms of
Section 12 of the Act the same amounts to violation of the RERA Act, 2016.

D. Section 14 of the RERA Act, 2016: As per the information available on the portal of
the Authority the sanctioned plans uploaded on the portal date as recent as 2016, 2019 ,
2021 and so on whereas the initial sanctioned plans as obtained from the Competent
Authority date back to 2014 and so on. In the said scenario it is outrightly clear that the
sanctioned plans have been changed/revised/altered and that too after the enactment of
the RERA Act, 2016. Section 14 provides for disclosure of approval and reasoning for
such changes/alterations in the sanctioned plan. It also provides that any such changes
except minor alterations shall not be effectuated without the prior consent of 2/3rd
Allottees of the subject project. There is nothing on record to show the existence of
these mandatory requirements of the law.

E. Section 60 of the RERA Act, 2016: Section 60 of the Act provides for punitive action
wherein the Promoter is liable to be penalised upto 5% of the total project cost for
providing false information under section 4 of the Act. In the instant case as elaborated
the Promoter has deliberately concealed relevant information and failed to provide
absolute disclosure on the said count the Authority shall initiate action under this
provision.

F. Section 61 of the RERA Act, 2016: The Promoter has bypassed provisions of section
11, 12 & 14 of the Act for the said action shall be initiated under section 61 and the
Promoter shall penalised upto 5% of the estimated cost of the project.

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Analysis of Safety Hazards from the point of view of Structural Safety in the subject
project.

1. Proposed Building layout has been changed, balcony(s) sizes have been changed and
the building profile has been tampered with. The total Built Up Area has been
increased which may result in additional dead load and live load on the structure and
same may also adversely affect the foundation system.

2. Attached wings/towers i.e. Wing –A, D & E have been majorly changed with respect
to the height of the towers/wings as has been pointed out in the extracts mentioned in
the above sections. Initially, the proposed Buildings were 11 storeyed and now the
same stand as 13 storeyed. Two additional Floors have been added. It is highly
probable that such addition in number of floors may affect the structural safety and
life of the structure. As a matter of fact, the number of tower/wings in the project
scheme has also been increased it is obvious that such change will effect the entire
demographics and density in the project.

3. Build Up Area has been changed, initially the Built up area of the Wing – C was
4120.80 Sq. Mts. And now as per the latest plans uploaded on the portal of
Maharashtra RERA the same stands at 4357.34 Sq. Mts. Thereafter, the total Built
Up Area of the project has been increased from 27604.54 Sq. Mts. to 29919.79 Sq.
Mts. That the said change amounts to a total increase of 8%.

4. As is visible from the perusal of sanctioned plans in the current sanctioned plans a
basement has also been added in the other wings such as Wing – E and Wing –A
which will peripherally affect the structure and foundation system of other wings
including but not limiting to the Wing – C.

5. That the structural changes pointed out herein more so without the consent of subject
allottees amounts to criminal liability as the lives and the valuables of these allottees
have been subjected to grave risk without their explicit consent and without them
being aware of the gravity of such high risks involved.

6. As per the sanctioned plans if the height of the adjacent towers is increased then it
may affect availability of sun light, fresh air, proper ventilation, access to the
building and various other logistical obstacles to the allottees occupying Wing – C.

7. It also a matter of concern that it remains unclear whether the promoter has obtained
requisite NOCs and Approvals from the structural safety point of view when

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basements have been added in the other towers/wings thereafter height has also been
increased.

8. Even if such Approvals/NOCs have been obtained by the Promoter, the Promoter has
failed to disclose or adduce relevant plans/sanctions to showcase the various safety
measures/structural safeguards that the Promoter has taken keeping in mind the
structural safety of other towers/wings in which basements have not been added/
height has not been increased.

9. It is also important to point out that since there is no increase in height/addition of

basement of Wing – C while the said changes have been effectuated in the other
towers/wings the said strange and unequal structural design may result in the
differential settlement of the Foundation and structure of the Buildings.

10. In the present case one of the wings/towers is downward with no basement and the
other towers/wings being are in upward strata due to unequal pressure and effects of
soil erosion the building may not sustain during an earthquake and against any other
lateral forces.

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Opinion & Conclusion

At the outset it is relevant to point out that the expert opinion formulated herein is for the
purpose of evaluation and assessment of various legal and structural safety concerns
revolving around the subject project. The opinion of the concerned experts is independent
and has not been influenced by any favours, benefits, allurements, misrepresentations etc.

The concerned project and its sanctioned plans were approved by the concerned Competent
Authority(s) in strict compliance with the applicable laws including but not limiting to the
Building Code, Building By-Laws, Local Laws etc. Thereafter, based on the said approved
plans the said project was marketed and sold to the public at large. The allottees based on
such plans and approvals agreed to invest and purchase units/tenements in the subject
project.

As on date from perusal of various documents and information available on record it is

needless to say that the subject project in terms of its sanctioned plans/approvals etc has
been widely tampered with. The terms and conditions on the basis of which allottees
purchased the units in the subject project stand far away from what was initially agreed.
Such acts of the Promoter constitute violations, overstepping the law and major injustice to
the allottees on various levels.

The acts and omissions of the Promoter are such that even the structural safety, the life of
the structure, safety and security of the allottees/prospective allottees inhabiting the subject
project have been subjected to grave risk. That the said acts are not just illegal but un-
compoundable.

As has been pointed out in various above mentioned sections the actions of the Promoter
call for suitable legal actions under the regime of applicable laws and it is high time that the
concerned Competent Authority(s) including but not limiting to the Authority appointed
under the MOFA Act, 1963, the Maharashtra RERA, the Town Planning & Valuation
Department, Pune so and so forth shall forthwith initiate appropriate action/investigation
into the affairs of the subject project and its Promoter.

Dr. Gyan Singh

Chartered Engineer & Structure Consultant

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 191

BEFORE THE HON'BLE MAHARASHTRA REAL ESTATE

REGULATORY AUTHORITY, MUMBAI

Complaint No: - CC005000000228339

Miss. Poonam Mewalal Gupta

(Mrs. Poonam Charles Kumar) and another …. Complainant(s)

Versus

M/s. Vedant Estate & Properties …. Respondent(s)

THE APPLICATION FOR AMENDMENT OF COMPLAINT ON

BEHALF OF THE COMPLAINANT IS AS UNDER,

1. It is submitted that the Complainants have filed present Complaint

against the Respondent online on 18/02/2023. However, after filling
of the Complaint, the Complainants revealed certain facts before them
and hence, the Complainants want to join other necessary parties i.e.
Axis Bank, East ASC Branch Pune (from whom the Complainants
obtained Home Loan) and PMRDA i.e. Pune Metropolitan Region
Development Authority, Pune in the present proceedings. Hence, it is
necessary in the interest of justice the Complainants be permitted to
amend their Complaint & add those parties in the present proceedings
 192

for the reasons mentioned herein below.

2. The Complainants are peace loving and law-abiding citizens of this

country. That it is pertinent to mention that on 16.04.2016 a registered
Agreement to Sell bearing Registration No. 5697/2016 registered with
Haveli No. 10 was executed with the Complainants by the Respondent
on various false pretexts, as enlisted herein below:
A. In Schedule II of the said Agreement annexed at Pg. 56 the flat
has been described as 2BHK admeasuring 1115 Sq. Ft. (103.62
Sq. Mt.). Furthermore, from perusal of this schedule it is
explicitly clear that the valuation of the flat has been calculated
at Rs. 42,90,700/- (Rupees Forty-Two Lakhs Ninety-Thousand
Seven Hundred Only) calculated @ Rs. 38,280/- per Sq. Mt.
(Government Rate) but the said unit was sold to the
Complainants in violation to the mandate of the Revenue
Department less than the Government Valuation at Rs.
40,53,400/- (Rupees Forty Lakhs Fifty-Three Thousand Four
Hundred Only). It is a matter fact that the Respondent falsely
promised to sell the said flat at a consideration being lower than
the Government Valuation and painted a rosy picture of giving
the Complainants a generous discount. Furthermore, a fake floor
 193

plan and layout of unit has been attached at Pg.87 of the

Agreement to Sell dated 16.04.2016.

B. Further, as per Clause 9.3 of the said Agreement to Sell the

possession of the said Flat was to be given within 24 months
from the date of execution of the agreement I.e. on or before
15.10.2018 (as held by the Maharashtra RERA vide its Order
dated 04.08.2020 in the matter of “Poonam Mewalal Gupta &
Anr Vs. M/s Vedant Estate & Properties” bearing No.
CC005000000054113. Despite the said Order and the clause in
the said Agreement, the Developer withheld the possession of
the flat on one pretext or the other. As a matter of fact, a total of
Rs. 39,04,163/- (Rupees Thirty-Nine Lakhs Four Thousand One
Hundred Sixty-Three Lakhs Only) i.e. 96% of the Total Sale
Consideration . Further it is to be noted that the Complainants
had obtained a loan of Rs. 32,79,000/- (Rupees Thirty-Two
Lakhs Seventy-Nine Thousand Only) of which they are painfully
bearing a monthly EMI of Rs. 30,000/- approx without having
the possession of their dream home apart from that they are also
bearing a monthly rental expense of Rs.20000/- approx.

3. REASON FOR JOINING AXIS BANK AS A PARTY:-

 194

a. The Complainants state that when the Complainants were

advertised the subject project, they were told that the project is
being financed by Axis Bank and lucrative finance schemes
would be offered to the allottees of the project. As per the
scheme offered to the Complainants the Complainants had
availed a loan facility of Rs. 32,79,000/- (Rupees Thirty-Two
Lakhs Seventy-Nine Thousand Only) from Axis Bank, East
ASC Branch who assured the Complainants that they have
thoroughly conducted diligence regarding the project,
sanctioned plans, permissions etc and that the project is fit in all
measures. That out of the said loan facility by July 2018 the said
Bank had already disbursed an amount of Rs. 29,27,021/-
(Rupees Twenty-Nine Lakhs Twenty-Seven Thousand Twenty-
One Rupees) i.e. 87% of the total loan amount. As per the
Master Circular issued by RBI bearing No. RBI/2015-16/46
DBR.No. DIR.BC.13/08.12.001/2015-16 dated 01.07.2015
titled as “Master Circular - Housing Finance” it is obligatory on
part of the Banking Institutions providing Housing Finance that
disbursement of loan amounts shall be closely linked to the
stages of construction. Further, as Axis Bank financed the
subject project it was obligatory on part of the Bank to ensure
that all the requisite approvals, permissions, sanctions have been
 195

duly and lawfully obtained. From a bare perusal of the admitted

facts of this complaint it is outrightly clear that the respondents
have flouted all sorts of Rules, Laws applicable to them for the
construction & development of the project. Yet, the Bank has
financed the subject project and even gone to the extent of
disbursing 87% of the loan amount way back in 2018 while
having no regard to the stages of construction. Hence, the
Complainants require clarification from the said Bank;
hence, the Complainants want to add the Axis Bank as a
party to the present Proceedings.

4. REASON FOR JOINING PMRDA, PUNE AS A PARTY:-

a. The Complainants state that they have obtained detailed report

from Dr. Gyan Singh (Chartered Engineer & Structure
Consultant) dated 22/06/2023. On bare perusal of the said
report, the Complainants realized that the Respondent has
violated various rules and regulations of appropriate local laws
and take the law in hands as per their whims. According to the
said report, it reveals that the dimensions/specifications and the
layout of the unit in question i.e. the Complainant’s Flat have
been changed more particularly the balconies have been altered
 196

with without consent of the Complainants. It is also important

to point that major changes in the floor plans have also been
undertaken such as the location of Passenger & Service Lifts
have been changed in contradiction of the original sanction plan.

b. That On 11.12.2020 the Respondent obtained Partial OC

(Occupation Certificate) from the Competent Authority subject
to various conditions and compliances to be undertaken by the
Respondent. Since the awareness of such receipt of Partial OC
the Complainants have been following up with the Respondent
to inspect their flat and check for variation in the carpet area and
dimensions of the Flat (if any) which is their unqualified right
as per applicable laws and Clause 35 of the Agreement to Sell.
Accordingly, they have written Emails dated 22.09.2021 and
16.07.2021 and further various communications through their
legal counsel on 24.12.2020, 13.10.2021 and on 15.03.2022.
But all the said efforts and also various follow ups over phone
calls, visits to the office of the Respondent went in vain and no
satisfactory response was received. Having no other option they
learnt through a response to an RTI Application dated
28.11.2023 that the Respondent has heavily flouted the
sanctioned plans approved by the PMRDA Competent
 197

Authority (RTI response has been attached as Annexure) and

has also bypassed various terms and conditions, Byelaws,
MOFA Act, 1963, RERA Act, 2016 and other applicable laws.
By such acts and omissions, the Respondent has deliberately
and intentionally cheated the Complainants and used fraudulent
measures to execute the project irrespective of the safety
hazards and has caused various other inconveniences and risks
to which the existing allottees of the project are subjected to. As
per their consultation with Experts, the structure of the Project
has been subjected to grave risk and safety norms have been
flouted to a large extent, calling for a detailed investigation.
Hence, the Complainants require clarification from the said the
PMRDA, Pune; hence, the Complainants want to add the
PMRDA, Pune as a party to the present Proceedings. It is clear-
cut violation of Sec. 14 of RERA as well as Sec. 7/7A of MOFA.
Annexed herewith is a copy of Report of Dr. Gyan Singh
Dated 22/06/2023.

c. That on 09.05.2023 Charles Suresh Kumar visited the Project to

inspect their flat along with their concerned Expert Evaluator to
measure and understand the dimensions of the flat in
comparison to the sanctioned plans and the promises made to
 198

the Complainants at the time of purchase. He went to the site

office and asked the officials to grant him the access to the said
flat but despite various requests the said officials under the
instructions of Mr. Babasaheb Chitale (Project Engineer)
threatened him and wrongfully restrained him from entering the
flat. In fact, they intimidated and threatened the Complainants
for no rhyme or reason and pushed him and drove him away
from the project. It is an experience of great pain that having
paid an enormous amount the Respondents representative &
employees are using their muscle power/dominance and are
restrained the Complainants from entering into the premises of
the project and accessing their flat. In fact, Mr. Chitale
repeatedly kept on saying, “You will not be given access to your
flat even for inspection because you have approached the
Maharashtra RERA for justice” and further intimidated the
Complainants so that they may withdraw their pending
Complaints.

d. The Complainant lodged a police complaint dated 11.05.2023

against the above-mentioned accused persons at P.S. Hadapsar
CC To the Office of the Commissioner of Police, Pune District.
That thereafter, having received response from the Police
 199

Department, the Complainants apprised the Learned DCP, Zone

5 vide an email dated 03.02.2024 about all their grievances.
Subsequently the said email was also submitted as hardcopy in
the concerned office on 05.02.23. That on 23.02.2024 the
Complainants visited the office of the DCP, Zone 5 seeking the
concerned officer’s indulgence in the resolution of their
grievances/suffering. In the said meeting on the efforts of the
Learned DCP, the Respondents agreed to grant the
Complainants to visit the project site and inspect their flat. In
consonance with the same the Complainants addressed a
“Rightful Notice” dated 24.02.2024 to the Respondent seeking
verification and assessment of their flat and also the access to
all the sanctioned plans/permissions. The accused persons
responded to the said email and asked the Complainants to visit
the project site on 26.02.2024. For the said inspection fearing a
repeat of previous occurrences (09.05.2023) the Complainants
sought the indulgence of the Hadapsar PS for the purpose of this
visit and verification via email dated 26.02.2024 the said email
was also submitted as hardcopy in the office of the
Commissioner of Police, Pune.
 200

e. That on 16.03.2024 the Complainants received a notice for

Inspection & Possession of their flat bearing no. C 503 via an
email from the M/s Vedant Estate & Properties after 7 years and
11 months of waiting. The Complainants having already
discovered various frauds and violations qua Sanction Plans,
Permissions and applicable laws for the construction and
development of the project and pending a comprehensive
investigation by the Police Department agreed to take the
possession of the said flat without prejudice and under-protest
via their email dated 06.04.2024 while reserving their rights to
pursue appropriate recourse/legal remedy for the numerous
omissions/commissions of the accused persons. But the
Respondent have not come forward to grant the peaceful and
vacant possession of their flat. Annexed herewith is a copy of
Email dated 06/04/2024 for kind perusal.

f. The Complainants further state that the Respondent has done

many illegal activities since its inception i.e. from the execution
of the Agreement till date. Because of the said illegal acts of the
Respondent, the Complainants have suffered mental agony and
financial losses hence seeking penal and criminal action against
the Respondent for misrepresentation, misappropriating
 201

Complainant’s money by means of fraud and breach of trust.

The Complainants have already placed a police complaint
against the Respondent before concerned police station to take
cognizance of such offence.

5. The Complainants want to add following reliefs apart from the reliefs
sought under the Complaint, the details of the same is as under,

a. The Hon’ble Authority be directed to the Axis Bank, East ASC

Branch, Pune give clarification on loan disbursement of the
Complainants whether it is according to RBI guidelines.
b. Hon’ble Authority be directed to PMRDA, Pune to give
clarification on sanction plan, which was revised without obtaining
mandatory consent of the Complainants.

6. The Complainants submit that the Complainants would suffer a great

hardship, injury, injustice and irreparable loss if the amendment is not
allow since they would not get a fair opportunity to place all the correct
and true facts of record. The proposed amendment is in a nature which
would further give justice and would certainly avoid multiplicity of
litigation. Therefore, the application needs to be allowed in the interest
of justice and equity.

7. It is therefore prayed that: -

202
 203

BEFORE THE HON’BLE REAL ESTATE REGULATORY AUTHORITY,

MUMBAI, PUNE BRANCH
COMPLAINT No. CC005000000228339
APP No. CC005000000228339/APP/AM/1
APP No. …………………………………..

IN THE MATTER OF:

Miss. Poonam Mewalal Gupta

(Mrs. Poonam Charles Kumar) & Anr. …. Complainants

Vs.

M/s Vedant Estate & Properties, Through its Partner,

Mr. Sandeep Deepak Agarwal & Anr.
…. Respondents

INDEX
S. No. Particulars Pg. No.
APPLICATION UNDER ORDER VI RULE 17 OF
THE CIVIL PROCEDURE CODE, 1908 FOR
AMENDMENT IN PLEADINGS

ANNEXURE A/1
A copy of the Pune Times Advertisement dated
18.03.2016

DATE:
PLACE:
COMPLAINANTS
Through Counsel:

ARUL PRAKASH
Advocate
OCULUS Legal
Office No. 103, LSC Pankaj Tower
Mayur Vihar Phase - 1
New Delhi - 110091
8826516187
[email protected]
 204

BEFORE THE HON’BLE REAL ESTATE REGULATORY AUTHORITY,

MUMBAI, PUNE BRANCH
COMPLAINT No. CC005000000228339
APP No. CC005000000228339/APP/AM/1
APP No. …………………………………..

IN THE MATTER OF:

Miss. Poonam Mewalal Gupta

(Mrs. Poonam Charles Kumar) & Anr. …. Complainants

Vs.

M/s Vedant Estate & Properties, Through its Partner,

Mr. Sandeep Deepak Agarwal & Anr.
…. Respondents

APPLICATION UNDER ORDER VI RULE 17 OF THE CIVIL PROCEDURE

CODE, 1908 FOR AMENDMENT IN PLEADINGS

The Complainant Most respectfully showeth:

That the captioned Complaint and Application are pending before this Learned Authority
and are listed for final hearing on 06.02.2025. The Complainant seeks to bring on record
these submissions and by way of this present Application amend the Prayer Clause in the
captioned Complaint to appropriately assist this Learned Authority to adjudicate the
present Complaint. The same may be taken on record.

I. SUBMISSIONS:

1. INORDINATE DELAY IN COMPLETION OF THE PROJECT

1.1. The Complainants booked a 2BHK Flat bearing No. 503, Fifth Floor, C-Wing in the
said project by paying a Booking amount of 50,000/- (Rupees Fifty Thousand Only)
through Cheque Bearing No. 000002 dated 16.11.2015 drawn on HDFC Bank for a total
sale consideration of Rs. 40,53,400/- (Rupees Forty Lakhs Fifty-Three Thousand Four
Hundred Only) @ Rs. 38,280/- per Sq. Mt. For the total carpet area of the flat being
1115 Sq. Ft. (103.62 Sq. Mt.). It is pertinent to note herein that the Respondent
advertised the subject project on the front page of Pune Times dated 18.03.2016. It is
noteworthy, that the said advertisement was not in compliance with the provisions of
Section 3(2)(m) of the MOFA Act, 1963 and did not have valuable information such as
extent of carpet area, bifurcation of price, description of common areas and common
facilities. A copy of the said Advertisement has been attached herein as Annexure A/1
 205

1.2. That consequently on 16.04.2016 a registered Agreement to Sell bearing

Registration No. 5697/2016 was executed between the parties as per Clause 9.3 of the
said Agreement the possession of the said Flat was to be given within 24 months from
the date of execution of the agreement i.e. on or before 15.04.2018. The delivery of the
said flat was delayed inordinately and the Complainants having no other means had to
approach this Learned Authority vide Complaint bearing No. CC005000000054113
titled as “Poonam Mewalal Gupta & Anr Vs. M/s Vedant Estate & Properties” seeking
possession and delay interest. The said Complaint was decreed in favour of the
Complainants vide Order dated 04.08.2020.

1.3. It is pertinent to note that after the passing of the order dated 04.08.2020, being
aggrieved the Respondent herein had filed an Appeal No. AT005000000052662 before
Hon’ble MahaREAT which was dismissed on 18.03.2021 for want of compliance with
Proviso of Sec. 43 (5) of the RERA Act, 2016. Thereafter, the Respondent filed a Second
Appeal No. 423 of 2021 before the Hon’ble High Court, Mumbai and by order dated

23.12.2021, the Appeal No. AT005000000052662 was restored to the Hon’ble

MahaREAT. However, as admitted herein the Respondent deposited a sum of Rs.
85,541/- (Rupees Eighty-Five Thousand Five Hundred Forty-One Only) before the
Hon’ble Appellate Tribunal and did not completely fulfill the statutory requirement
under Section 43(5) of the RERA Act, 2016. The decretal amount was interest at 9% p.a.
on Rs. 34,69,896/-, as directed in the MahaRERA order dated 04.08.2020, which was
never deposited. Thus, the Complainants had filed a Misc. Application no. 918/22 before
the Hon’ble Appellate Tribunal seeking dismissal of the said appeal on the ground that
Respondent has fulfilled only part compliance of the proviso and in view of the
provisions of the Act, full compliance is a prerequisite to entertain the appeal. Whereas,
the requirement as per the order passed by the Hon’ble High Court and the provisions of
the RERA Act, 2016, complete compliance of the proviso is mandatory for the said
Appeal to have been entertained. The Respondent being well aware that their Appeal is
sans merits and that the same cannot be entertained without complete compliance of the
proviso of Section 43(5) of the Act, despite ample opportunity, failed to appear hence,
the Hon’ble MahaREAT was pleased to dismiss the said appeal for want of appearance
on 06.09.2023. That as on date the said Order dated 04.08.2020 continues to be pending
compliance as till date the Respondent has not come forward to comply the directions of
this Learned Authority in letter and spirit, the interest decreed in favour of the
Complainants is accruing each day.
 206

2. MISPLACED RELIANCE OF THE RESPONDENT ON IRRELEVANT

CIRCUMSTANCES TO JUSTIFY THE DELAY IN HANDING OVER
POSSESSION AND CONSEQUENT VIOLATION UNDER SECTION 18 OF
THE RERA Act, 2016
2.1. In the reply of the Respondent the Respondent has shifted the onus on the Architect
for delay in issuance of the Letter for applying for Occupation Certificate, it is to be
submitted herein, that the said Architect had been hired by the Respondent itself and the
Respondent is solely responsible for the actions of the said Architect and the same
cannot be attributed to the delay in the subject project. If at all the plea of the
Respondent is to be taken into consideration it is needful to bear in mind that the said
Architect’s Letter is dated 10.08.2019 the said Letter certifies that the construction has
been completed and the building is ready for occupancy as per the sanction plan PMH/
NA/SR/320/2014 dated 05.03.2015. The aforementioned Sanctioned Plan copies are not
even made available on the MahaRERA Project Registration Portal in violations of
promoter duties and responsibilities as per the Section 4 of the RERA Act, 2016. Even
on 10.08.2019 if the Respondent is deemed to have completed construction, there is an
admitted delay of 16 months from the due date of delivery (15.04.2018).

2.2. Further the Respondent has submitted that the delay in the project is attributable to
the Litigation that the Respondent had to pursue before the Hon’ble Bombay High Court
against PMRDA & Ors for non-issuance of Occupation Certificate. As per the
Respondent’s own Admission, the Respondent had to pursue WP-DB-LD-VC No. 32 of
2020 (WP/95407/2020) before the Hon’ble Bombay High Court titled as “M/s Vedant
Estate & Properties vs. Chief Executive Office, PMRDA & Ors.” against the various
orders/communications received from the concerned Competent Authority for non-
issuance of Occupation Certificate. The said Writ Petition was disposed off by the
Hon’ble Bombay High Court vide Order dated 15.10.2020 (Refer Pg. 18-21 of the
Rejoinder of the Complainant) wherein the concerned Competent Authority was
directed to issue Occupation Certificate to the Respondent subject to deficiencies (if
any). Pursuant to the said Order PMRDA issued Partial Occupation Certificate to the
concerned tower of the Respondent (Wing - C) on 11.12.2020. Even after such issuance
of the Partial Occupation Certificate the Respondent did not offer possession to the
Complainant. It is noteworthy, that on no given occasion the said litigation or the
circumstances therein were communicated to the Complainants.

2.3. In complete derogation to the safeguards granted under the provisions of the RERA
Act, 2016 at no stage whatsoever the Respondent duly intimated the Complainants of
 207

these hindrances in the completion of the project/issuance of Occupation Certificate

thereby completely hand-tying the Complainants from making their choice to withdraw/
continue in the project which is plagued with such complexities and illegalities wherein
delay as per the Respondent’s own submissions inevitable. The Respondent knowing
well that the project is entangled in litigation and other legal complexities did not
disclose the actual due date of delivery of the possession and/or projected delay from the
promised due date. In case such information would have been disclosed to the
Complainants, the Complainants could have withdrawn from the project in a timely
manner.

2.4. Further as per the provisions of Section 18 of the RERA Act, 2016 the Respondent
is duty bound to appropriately compensate the Complainants for failing to adhere to the
terms of the Agreement to Sell dated 16.04.2016. But the Respondent being well aware
of the repercussions conveniently did not even inform the Complainants about the
extended date of delivery, the ongoing litigation and disputes with the Competent
Authority. That the said information has come to the knowledge of the Complainant at
this belated stage when the Respondent filed its reply leaving no choice for the
Complainants but to file this present Application.

3. RESPONDENT OFFERED ILLEGAL OFFER OF POSSESSION AFTER

THE COMPLAINANTS INITIATED CRIMINAL ACTION AND TILL DATE
HAS NOT TAKEN MEASURES TO AMEND THE LEGAL FLAWS IN THE
SAID OFFER OF POSSESSION
3.1. The Respondents, after obtaining a Part Occupancy Certificate (OC) on 11.12.2020
(Refer Document uploaded at S. No. 6 of the Complaints’ portal) subject to compliance
with various conditions, failed to meet their obligations and denied the Complainants’
rightful access to inspect the flat, as mandated under applicable laws and Clause 35 of
the Agreement to Sell. Despite numerous communications, including emails dated
22.09.2021, and 16.07.2021 (Refer Document uploaded at S. No. 13 of the Complaints’
portal) and legal notices issued on 24.12.2020 (Refer Document uploaded at S. No. 13
of the Complaints’ portal), 13.10.2021 and 15.03.2022 (Refer Document uploaded at S.
No. 14 of the Complaints’ portal), the Respondents willfully ignored these requests,
leaving the Complainants with no choice but to seek recourse through legal channels.
The Respondents’ malafide intentions became evident when, through an RTI response
(Refer Document uploaded at S. No. 9 of the Complaints’ portal), the Complainants
uncovered significant violations of sanctioned plans and statutory provisions, including
breaches of the Maharashtra Ownership Flats Act, 1963, and the Real Estate (Regulation
 208

and Development) Act, 2016. These violations not only compromise the structural
integrity and safety of the project but also expose a deliberate disregard for statutory
norms.

3.2. On 09.05.2023, Complainant No. 2, Mr. Charles Suresh Kumar, attempted to inspect
the flat along with an expert evaluator. However, he was wrongfully restrained,
threatened, and intimidated by officials acting on the instructions of Respondents, that
the Representatives of the Respondents categorically stated that the access would be
denied due to the Complainants’ decision to approach the Maharashtra RERA authority.

This blatant act of intimidation reflects the Respondents’ intent to suppress the
Complainants' rightful claims and coerce them into abandoning their grievances. In
response to these actions, the Complainants lodged a police complaint on 11.05.2023
with P.S. Hadapsar and later escalated the matter to the Deputy Commissioner of Police
(DCP), Zone 5, on 03.02.2024. Under the intervention of the DCP during a meeting on
23.02.2024, the Respondents reluctantly agreed to allow inspection of the flat. The
Complainants, through a rightful notice dated 24.02.2024, sought a detailed assessment
of the flat and related permissions, while simultaneously requesting police protection for
the inspection scheduled on 26.02.2024 due to fear of repeated intimidation. Despite
these efforts, the Respondents continued to act in bad faith and obstruct the process.
After nearly eight years of delay, the Respondents issued a possession notice on
16.03.2024. The Complainants, while reserving their legal rights, agreed to take
possession through an email dated 06.04.2024 (Refer Document specifically ‘Email
dated 06-04-2024’ uploaded to the Complaints’ portal). Despite this, the Respondents
failed to deliver peaceful and vacant possession of the flat, further underscoring their
fraudulent intent. That since the said Offer of Possession the Complainants on various
occasions by way of written communication have requested the Respondents to reinstate
the initial sanctioned plans in strict coherence to the mutually executed Agreement to
Sell dated 16.04.2016 but the Respondents have taken no measure(s) in the said
direction. Therefore, the Complainants have no other option but to file the present
Application.

4. VIOLATIONS UNDER SECTION 12 OF THE RERA Act, 2016

4.1. The allottees booked a unit in the subject project as per the limited information/
documents disclosed by the Respondent which turned out to be falsified and fraudulent
including the floor Plan of the Fifth Floor, C-Wing wherein the dimensions of the unit in
question, the limited common areas etc. have been pointed out and also the layout plan
of the subject project. Compared to the said information as available in the Agreement to
 209

Sell the sanctioned plans as uploaded on the portal of the Authority there are specific
changes in the area of the unit in question, even though the consideration was paid off by
the Allottees as per the specifically misplaced falsified disclosures of the Promoter.
Moreover, as on date due to the increase in the number of wings/towers and the total
covered area the entire demographics, density etc. of the project stands changed and
substantially conceded valuation, livability and marketability of the said unit C-503. The
agreement to sell executed and the total sale consideration paid off as on date was
strictly basis the initial specifications of the project, layout/specifications of the unit,
demographics, density etc. First the Promoter has carried out the said changes arbitrarily
and thereafter has failed to either refund the excess consideration and/or duly
compensate the financial agony borne by the allottees on account of such incorrect
disclosures. In terms of Section 12 of the Act the same amounts to violation of the
RERA Act, 2016. Further, on careful perusal of the Agreement to Sell dated 16.04.2016
it is revealed that under Recital (p) & (s) (Refer Pg. 30 of the Agreement to Sell dt.
16.04.2016 uploaded to the Complaint Portal herein as ‘Annexure A/3 Copy of
Agreement for Sale’) the Respondent has willfully disclosed wrong details of the
sanctioned plans and undertaken to complete the construction and development of the
project as per the said sanctioned plans whereas as per the credentials provided therein
there is no such sanctioned plan bearing no. PMH/NA/SR/310/2014 dated 05.03.2014. It
is noteworthy to point out herein, that the promoter has provided the correct details of
the sanctioned plans in the model agreement uploaded on the portal of the Learned
Authority at the time of registration but to deliberately dupe the Complainants stated
wrong credentials in the Agreement dated 16.04.2016. That from a bare perusal of the
model agreement uploaded by the Respondent at the time of Registration of project, it
can be seen that the Respondent has uploaded the Model Agreement as Document 35,
further at Pg. 30 of the said Agreement the sanctioned plan has been mentioned as PMH/
NA/SR/320/2014 dated 05.03.2015 which are the correct credentials of the actual
sanctioned plan whereas in the Agreement dated 16.04.2016 a fake and fictitious plan
bearing no. PMH/NA/SR/310/2014 dated 05.03.2014 has been mentioned. It is relevant
to point out herein that the Respondents have categorically not mentioned the correct
details in the agreement executed with the Complainants and also conveniently
restrained from mentioning the details of the actual sanctioned plan in the entire
Agreement dated 16.04.2016 executed with the Complainants. For the sake of the safety
of the allottees the Learned Authority must initial suo moto cognizance of the entire
project. An appropriate forensic audit of the project shall be conducted, further
allotments shall be stayed and if found fit the Registration of the project shall be
suspended/revoked. That the said details have come to the knowledge of the
 210

Complainants at this belated stage when the Respondents filed their said reply as a
consequence of which the Complainants had to move the present Application.

5. THE RELIEF CLAUSE OF THE CAPTIONED COMPLAINT IS FIT TO

AMENDED IN THE LIGHT OF THESE PRESENT FACTS
5.1. The present Application has been moved under Order VI Rule 17 of the Civil
Procedure Code, the relevant provisions of the code have been reproduced herein:
“17. Amendment of pleadings.—The Court may at any stage of the proceedings allow
either party to alter or amend his pleadings in such manner and on such terms as may
be just, and all such amendments shall
be made as may be necessary for the purpose of determining the real questions in
controversy between the parties:
Provided that no application for amendment shall be allowed after the trial has
commenced, unless the Court comes to the conclusion that in spite of due diligence, the
party could not have raised the matter before the commencement of trial.”
That the fact that the Respondent have committed certain breaches of the Agreement to
Sell as elaborated herein above have come to the knowledge of the Complainants after
filing of the present Complaint at first on being offered possession in April, 2024 and
thereafter on the Respondent filing its reply. That the Complainants are simple citizens
and by no stretch of imagination could have foreseen such breached of the Respondent.
Hence the present Application is bona fide and the amendment in the Relief(s) is liable
to be granted.
Further in the matter of, Ramchandra Sakharam Mahajan vs. Damodar Trimbak
Tanksale, (2007), 6 SCC 737 it was held by the Hon’ble Supreme Court that:
“When the Amendment sought for, would enable the court to pinpontedly consider the
real dispute between the parties and thereby help to render a decision more
satisfactorily, it ought to be allowed.”
Likewise in the case of Basappa vs. Raghunath, 1999 AIHC 2178 (Karn.) it was held
that:
“That object of Order VI, Rule 17 primarily is that if because of certain facts not being
pleaded or because of deficiencies in the pleadings, the question involved between the
parties cannot be finally determined and unless it is finally determined, there is
likelihood of multiplicity of proceedings. Order VI, Rules 17 empowers the Court to
permit such amendments which are necessary for the final determination of the issues in
dispute or real point in dispute between the parties.
That in the instant case if the present Amendment Application is not allowed the
Complainants will not have any other option but to file a fresh, separate Complaint in
the backdrop of the facts herein above elaborated to have this Learned Authority finally
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determine the issues at hand and the very purpose of Order VI, Rule 17 would be
unfortunately defeated.

6. COMPLAINANTS CANNOT BE MADE TO WAIT ENDLESSLY AND

THEREAFTER BE ARM-TWISTED INTO ACCEPTING THE POSSESSION
OF THE SAID FLAT ON AN “AS IS WHERE IS” BASIS
6.1. The Complainants made the booking in the present project in 2015 the possession of
the said project was due in 2018. The Respondent has made the Complainants to part
with almost 90% of the total sale consideration way back in 2018. Since then the
Complainants have been running from pillar to post but their dream of living in their
own house has not been fulfilled despite various rounds of litigations. Further the
Complainant had booked the subject flat under PM Awas Yojana, despite having availed
the said welfare scheme the Complainants have not bee able to enjoy the benefits. That
even though a favourable Order was passed by this Learned Authority way back in 2020
the Respondent has not taken measures to handover the vacant, peaceful and legal
possession of their flat. That having invested close to 40 Lakhs in the project way back
in 2018, the Complainants have been living in rented accommodation while bearing the
burden of monthly EMIs without being able to realise the dream of living in their own
flat.

6.2. That the Respondent offered the possession of the flat in question in April 2024 but
the said offer of possession was an afterthought as the present Complaint has been
pending since 2023. That despite offering the said possession the Respondent has failed
to facilitate the Complainants to enter into the said flat and evaluate if the said flat has
been constructed as per the agreed terms under the Agreement dated 16.04.2016. That by
way of various emails, legal notices and other communications the Complainants have
been urging the Respondent to reinstate the original sanctioned plan based on the
promise of which the booking was made and the subsequent Agreement to Sale was
entered into but the said efforts of the Complainants have been of no avail.

6.3. At the risk of being repetitive it is reiterated herein that the Respondent has heavily
flouted around the sanctioned plans and the project has not been constructed as per the
original sanctioned Plans. Further all the revisions have been obtained and sanctioned by
PMRDA without obtaining requisite consent from the Complainants in complete
derogation to the provisions of the RERA Act, 2016 and other applicable laws. That at
the time of booking and entering into the Agreement to Sale a bogus floor plan was
shown to the Complainants and the Complainants being simple citizens were duped and
made to part with their hard-earned monies.
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6.4. The Complainants have been waiting since 2015 to live in their dream home and
have spent enormously on rent and litigation while waiting to fulfil this dream. That
almost 10 years have elapsed and the Complainants are continually waiting. In the said
scenario a bogus offer of possession plagued with illegal clauses has no basis and is fit
to be discarded by this Learned Authority at the very outset. That merely because the
Respondent has offered the Possession in 2024 at this belated stage the Complainants
cannot be arm twisted into accepting the possession of the said flat by no stretch of
imagination. That the Complainants were awarded interest at 9% p.a. on the amounts
paid by this Learned Authority way back in 2020 and the said interest is accruing each
day the Respondent has failed to adjust the same in the final demand letter issued at the
time of offer of possession. That such action/inaction on part of the Respondents go
beyond any reasonable doubt as to the intent of the Respondents in complying with the
directions of this Ld. Authority and/or rightfully compensating the Complainants.

6.5. In the light of the said facts, it is apposite to state that the Respondent has
committed grave contraventions of the RERA Act, 2016 and other applicable laws along
with the provisions mutually agreed between the parties under the Agreement to Sale
dated 16.04.2016. That by virtue of Section 19(4) of the RERA Act, 2016 the
Complainants are entitled to claim refund of amount paid along with interest at such rate
as may be prescribed and compensation as provided under the Act. For ready reference,
the relevant provision of the Act are reproduced herein:

“Section 19: Rights and duties of allottees.

………(4) The allottee shall be entitled to claim the refund of amount paid along with
interest at such rate as may be prescribed and compensation in the manner as provided
under this Act, from the promoter, if the promoter fails to comply or is unable to give
possession of the apartment, plot or building, as the case may be, in accordance with the
terms of agreement for sale or due to discontinuance of his business as a developer on
account of suspension or revocation of his registration under the provisions of this Act
or the rules or regulations made thereunder…………”

6.6. Further in the matter of M/s Newtech Promoters and Developers Pvt. Ltd. vs. State
of UP & Ors. Etc. (Civil Appeal No(s). 6745-6749 of 2021) the Hon’ble Supreme Court
has held that the Allottees have unqualified right to claim refund under the Provisions of
the RERA Act, 2016. The relevant portion of the said judgment has been reproduced
herein:
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“25. The unqualified right of the allottee to seek refund referred under Section 18(1)(a)
and Section 19(4) of the Act is not dependent on any contingencies or stipulations
thereof. It appears that the legislature has consciously provided this right of refund on
demand as an unconditional absolute right to the allottee, if the promoter fails to give
possession of the apartment, plot or building within the time stipulated under the terms
of the agreement regardless of unforeseen events or stay orders of the Court/Tribunal,
which is in either way not attributable to the allottee/home buyer, the promoter is under
an obligation to refund the amount on demand with interest at the rate prescribed by the
State Government including compensation in the manner provided under the Act with
the proviso that if the allottee does not wish to withdraw from the project, he shall be
entitled for interest for the period of delay till handing over possession at the rate
prescribed.”

Further, the Hon'ble Supreme Court in Kolkata West International City Pvt. Ltd. Vs.
Devasis Rudra, II (2019) CPJ 29 (SC), has clearly laid down that a flat purchaser cannot
be made to wait indefinitely for seeking possession. It is reiterated that the present
Application is bona fide, nothing material has been concealed and the balance of
convenience is also in the favour of the Complainants. Hence, the present Application.
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PRAYER

In the light of submissions/arguments herein above elaborated, the correct matrix of

facts and the applicable provisions of the law, this Learned Authority may be pleased to
grant the following relief(s):

1. To take on record the present Application.

2. To grant the relief(s) as sought by the Complainants in the Complaint.
3. To allow amendment of Prayer Clause in the captioned Complaint under O 6 R 17 to
add this relief - “To initiate proceedings against the Respondent under the provisions
of Section 7 of the RERA Act, 2016 and revoke the registration granted to the
project.”
4. To allow amendment of Prayer Clause in the captioned Complaint under O 6 R 17 to
replace this relief instead of prayer “(a)” - To refund the amount paid along with
interest at such rate as may be prescribed and along with compensation as provided
under the Act within the meaning of Section 19(4) of the Act.
5. To grant any other relief(s) that this Learned Authority may deem fit in the facts and
circumstances of this case.

DATE:
PLACE:
COMPLAINANTS
Through Counsel:

ARUL PRAKASH
Advocate
OCULUS Legal
Office No. 103, LSC Pankaj Tower
Mayur Vihar Phase - 1
New Delhi - 110091
8826516187
[email protected]
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1

BEFORE THE HON’BLE REAL ESTATE REGULATORY

AUTHORITY, MUMBAI, PUNE BRANCH
COMPLAINT No. CC005000000228339
APP No. CC005000000228339/APP/AM/1

IN THE MATTER OF:

Miss. Poonam Mewalal Gupta

(Mrs. Poonam Charles Kumar) & Anr. ….
Complainants

Vs.

M/s Vedant Estate & Properties, Through its Partner,

Mr. Sandeep Deepak Agarwal & Anr.
….
Respondents

WRITTEN ARGUMENTS ON BEHALF OF THE COMPLAINT IN

THE CAPTIONED MATTER

The Complainant Most respectfully showeth:

That the captioned Complaint and the Application are pending before this
Learned Authority and are listed for final hearing on 27.01.2025. The
Complainant herein seeks to file these present Written Arguments along with
detailed submissions to appropriately assist this Learned Authority to
adjudicate the present Complaint. The same may be taken on record.

1. INORDINATE DELAY IN COMPLETION OF THE PROJECT AND

CONSEQUENT LITIGATION

1.1. The Complainants booked a 2BHK Flat bearing No. 503, Fifth Floor, C-
Wing in the said project by paying a Booking amount of 50,000/- (Rupees
Fifty Thousand Only) through Cheque Bearing No. 000002 dated 16.11.2015
drawn on HDFC Bank for a total sale consideration of Rs. 40,53,400/-
(Rupees Forty Lakhs Fifty-Three Thousand Four Hundred Only) @ Rs.
38,280/- per Sq. Mt. For the total carpet area of the flat being 1115 Sq. Ft.
(103.62 Sq. Mt.).

1.2. That consequently on 16.04.2016 a registered Agreement to Sell bearing

Registration No. 5697/2016 was executed between the parties as per Clause
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9.3 of the said Agreement the possession of the said Flat was to be given
within 24 months from the date of execution of the agreement i.e. on or before
15.04.2018. The delivery of the said flat was delayed inordinately and the
Complainants having no other means had to approach this Learned Authority
vide Complaint bearing No. CC005000000054113 titled as “Poonam Mewalal
Gupta & Anr Vs. M/s Vedant Estate & Properties” seeking possession and
delay interest. The said Complaint was decreed in favour of the Complainants
vide Order dated 04.08.2020.

1.3. It is pertinent to note that after the passing of the order dated 04.08.2020,
being aggrieved the Respondent herein had filed an Appeal No.
AT005000000052662 before Hon’ble MahaREAT which was dismissed on
18.03.2021 for want of compliance with Proviso of Sec. 43 (5) of the RERA
Act, 2016. Thereafter, the Respondent filed a Second Appeal No. 423 of 2021
before the Hon’ble High Court, Mumbai and by order dated 23.12.2021, the
Appeal No. AT005000000052662 was restored to the Hon’ble MahaREAT.
However, as admitted herein the Respondent deposited a sum of Rs. 85,541/-
(Rupees Eighty-Five Thousand Five Hundred Forty-One Only) before the
Hon’ble Appellate Tribunal and did not completely fulfill the statutory
requirement under Section 43(5) of the RERA Act, 2016. The decretal amount
was interest at 9% p.a. on Rs. 34,69,896/-, as directed in the MahaRERA order
dated 04.08.2020, which was never deposited. Thus, the Complainants had
filed a Misc. Application no. 918/22 before the Hon’ble Appellate Tribunal
seeking dismissal of the said appeal on the ground that Respondent has
fulfilled only part compliance of the proviso and in view of the provisions of
the Act, full compliance is a prerequisite to entertain the appeal. Whereas, the
requirement as per the order passed by the Hon’ble High Court and the
provisions of the RERA Act, 2016, complete compliance of the proviso is
mandatory for the said Appeal to have been entertained. The Respondent
being well aware that their Appeal is sans merits and that the same cannot be
entertained without complete compliance of the proviso of Section 43(5) of
the Act, despite ample opportunity, failed to appear hence, the Hon’ble
MahaREAT was pleased to dismiss the said appeal for want of appearance on
06.09.2023. That as on date the said Order dated 04.08.2020 continues to be
pending compliance as till date the Respondent has not come forward to
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comply the directions of this Learned Authority in letter and spirit, the interest
decreed in favour of the Complainants is accruing each day.

2. MISPLACED RELIANCE OF THE RESPONDENT ON

IRRELEVANT CIRCUMSTANCES TO JUSTIFY THE DELAY IN
HANDING OVER POSSESSION

2.1. In the reply of the Respondent the Respondent has shifted the onus on the
Architect for delay in issuance of the Letter for applying for Occupation
Certificate, it is to be submitted herein, that the said Architect had been hired
by the Respondent itself and the Respondent is solely responsible for the
actions of the said Architect and the same cannot be attributed to the delay in
the subject project. If at all the plea of the Respondent is to be taken into
consideration it is needful to bear in mind that the said Architect’s Letter is
dated 10.08.2019 the said Letter certifies that the construction has been
completed and the building is ready for occupancy. Even on 10.08.2019 if the
Respondent is deemed to have completed construction, there is an admitted
delay of 16 months from the due date of delivery (15.04.2018).

2.2. Further the Respondent has submitted that the delay in the project is
attributable to the Litigation that the Respondent had to pursue before the
Hon’ble Bombay High Court against PMRDA & Ors for non-issuance of
Occupation Certificate. As per the Respondent’s own Admission, the
Respondent had to pursue WP-DB-LD-VC No. 32 of 2020 (WP/95407/2020)
before the Hon’ble Bombay High Court titled as “M/s Vedant Estate &
Properties vs. Chief Executive Office, PMRDA & Ors.” against the various
orders/communications received from the concerned Competent Authority for
non-issuance of Occupation Certificate. The said Writ Petition was disposed
off by the Hon’ble Bombay High Court vide Order dated 15.10.2020 (Refer
Pg. 18-21 of the Rejoinder of the Complainant) wherein the concerned
Competent Authority was directed to issue Occupation Certificate to the
Respondent subject to deficiencies (if any). Pursuant to the said Order
PMRDA issued Occupation Certificate to the concerned tower of the
Respondent (Wing - C) on 11.12.2020. Even after such issuance of the
Occupation Certificate the Respondent did not offer possession to the
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Complainant. It is noteworthy, that on no given occasion the said litigation or

the circumstances therein were communicated to the Complainants.

2.3. In complete derogation to the safeguards granted under the provisions of

the RERA Act, 2016 at no stage whatsoever the Respondent duly intimated
the Complainants of these hindrances in the completion of the
project/issuance of Occupation Certificate thereby completely hand-tying the
Complainants from making their choice to withdraw/continue in the project
which is plagued with such complexities and wherein delay as per the
Respondent’s own submissions inevitable. The Respondent knowing well that
the project is entangled in litigation and other legal complexities did not
disclose the actual due date of delivery of the possession and/or projected
delay from the promised due date. In case such information would have been
disclosed to the Complainants, the Complainants could have withdrawn from
the project in a timely manner.

3. MULTIPLE CHANGES IN THE SANCTIONED PLAN WIHOUT

PROPER COMPLIANCE WITH THE APPLICABLE LAWS AND
WITHOUT OBTAINING DUE CONSENT FROM THE
COMPLAINANTS

3.1. It is submitted herein that the Complainants in complete trust deficit with
the operations of the Respondent and their subsequent conduct approached the
offices of the Competent Authority(s) by way of RTIs and were able to
unearth various illegalities and plain lies the Respondent had stated to the
Complainants and other fellow allottees. The first sanctioned plan was
approved on 05.03.2015 as per which the proposed project had 5 towers/wings
namely A, B, C, D & E each of the said wings compromised of G+11 floors.
In furtherance of the same on 05.03.2015 Collector NA & Construction
Permission were obtained for the project i.e. Approval of
drawing/construction plan under section 18 of the Maharashtra Regional
Planning and Town Planning Act, 1966. Thereafter, the said sanctioned plan
was revised on 31.12.2016 i.e. post execution of the Agreement to Sell dated
16.04.2016 without obtaining any consent or providing any intimation to the
Complainants in complete contravention to the provisions of the RERA Act,
2016 and the provisions of the MOFA Act, 1963. The said sanctioned plans
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5

were further revised on 07.06.2021 yet again without obtaining any consent
or providing any intimation to the Complainants in complete contravention to
the provisions of the RERA Act, 2016 and the provisions of the MOFA Act,
1963. On these grounds alone, the Respondent is liable to proceeded against
under the provisions of the RERA Act, 2016 and the rules and regulations
framed thereunder.

3.2. Having no other means, the Complainants obtained the opinion by way
of a detailed report from Dr. Gyan Singh (Chartered Engineer & Structure
Consultant) dated 22.06.2023 (Refer Annexures to the Complaint). On bare
perusal of the said report, the Complainants realized that the Respondent has
violated various rules and regulations of applicable local laws and taken the
law into their hands as per their whims. According to the said report, it reveals
that the dimensions/specifications and the layout of the unit in question i.e.
the Complainant’s Flat have been changed more particularly the spatial layout
dimension and carpet areas of the said unit including terrace and balconies
have been altered without the consent of the Complainants. It is also important
to point out that major changes in the amenities and floor plans have also been
undertaken such as the location of Passenger & Service Lifts have been
changed in contradiction to the original sanctioned plans sanctioned vide
office communication no. pmh/na/sr/320/2014 dated 05.03.2015.
Furthermore, the Respondent undertook unsanctioned construction of the
project towers & buildings contrary to the original sanctioned plans
sanctioned vide office communication no. pmh/na/sr/320/2014 dated
05.03.2015, these illegal constructions have been subsequently regularized
through plan revisions by the Respondent without consent of the
Complainants and possibly other allottees in the project. That the said Report
was sent to the Respondent seeking clarifications and explanations regarding
the said illegalities and major non-compliances under applicable laws but till
date the Respondent has not responded or provided any suitable response to
the queries of the Complainants.

3.3. Further, it is apposite to draw the kind attention of this Learned Authority,
on the Architect Letter dated 10.08.2019, on which reliance has been placed
by the Respondent itself (Refer Pg. 15-17 of the Rejoinder of the
Complainants) that from a bare perusal of the said Letter it can be seen that
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6

the Respondent has itself stated that the construction has been completed as
per sanctioned plans sanctioned vide office communication no.
pmh/na/sr/320/2014 dated 05.03.2015 which is post in time to the various
admitted revisions to the sanctioned plans. In fact, at the time of booking the
complainants were convinced to invest in the project based on the information
that the sanctioned plan has been obtained, dated 05.03.2015, which was never
shown to the Complainants. That only a bogus floor plan, as attached with the
Agreement was disclosed to the Complainants. Furthermore, at no given
instance the Complainants were informed about the revisions or sought
consent from in complete contravention to the provisions of the RERA Act
2016, MOFA Act 1963 and other applicable rules and regulations.

3.4. Further, it is pertinent to note herein that the Respondent is herein

claiming to have received OC dated 11.12.2020 in respect of the project but
on perusal on the website of this Learned Authority it is outrightly clear that
the Respondent has only received Part OC dated 11.12.2020 which has been
granted to the Respondent subject to certain conditions and an “undertaking”.
The Respondent’s motive and intention of obtaining the Part OC was never
shared with the Complainants and the same has been brought to light by the
Respondent only in the present Reply. After perusing the present Reply, the
Complainants browsed through the website of this Learned Authority the
Complainants learnt about the said Part OC and the contents therein. In the
said circumstances there is a major trust deficit against the Respondent and in
all probability the Respondent has heavily flouted the sanctioned plans and
the initial disclosures that were shared with the Complainants. It is also
appropriate to mention herein, that as on date it is an admitted fact that the
Respondent has revised the initial sanctioned plans but the said revisions have
been obtained by the Respondent without obtaining the mandatory consent
from the Complainants and other fellow allottees in complete contravention
to the provisions of Section 14 of the RERA Act, regulations/rules framed
thereunder and the provisions of the MOFA Act, 1963.

4. RESPONDENT OFFERED ILLEGAL OFFER OF POSSESSION

AFTER THE COMPLAINANTS INITIATED CRIMINAL ACTION
4.1. The Respondents, after obtaining a Part Occupancy Certificate (OC) on
11.12.2020 (Refer Document uploaded at S. No. 6 of the Complaints’ portal)
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subject to compliance with various conditions, failed to meet their obligations

and denied the Complainants ’rightful access to inspect the flat, as mandated
under applicable laws and Clause 35 of the Agreement to Sell. Despite
numerous communications, including emails dated 22.09.2021, and
16.07.2021 (Refer Document uploaded at S. No. 13 of the Complaints’
portal) and legal notices issued on 24.12.2020 (Refer Document uploaded at
S. No. 13 of the Complaints’ portal), 13.10.2021 and 15.03.2022 (Refer
Document uploaded at S. No. 14 of the Complaints’ portal), the Respondents
willfully ignored these requests, leaving the Complainants with no choice but
to seek recourse through legal channels. The Respondents ’malafide intentions
became evident when, through an RTI response (Refer Document uploaded
at S. No. 9 of the Complaints’ portal), the Complainants uncovered
significant violations of sanctioned plans and statutory provisions, including
breaches of the Maharashtra Ownership Flats Act, 1963, and the Real Estate
(Regulation and Development) Act, 2016. These violations not only
compromise the structural integrity and safety of the project but also expose a
deliberate disregard for statutory norms.

4.2. On 09.05.2023, Complainant No. 2, Mr. Charles Suresh Kumar,

attempted to inspect the flat along with an expert evaluator. However, he was
wrongfully restrained, threatened, and intimidated by officials acting on the
instructions of Respondents, that the Representatives of the Respondents
categorically stated that the access would be denied due to the Complainants ’
decision to approach the Maharashtra RERA authority. This blatant act of
intimidation reflects the Respondents ’intent to suppress the Complainants'
rightful claims and coerce them into abandoning their grievances. In response
to these actions, the Complainants lodged a police complaint on 11.05.2023
with P.S. Hadapsar and later escalated the matter to the Deputy Commissioner
of Police (DCP), Zone 5, on 03.02.2024. Under the intervention of the DCP
during a meeting on 23.02.2024, the Respondents reluctantly agreed to allow
inspection of the flat. The Complainants, through a rightful notice dated
24.02.2024, sought a detailed assessment of the flat and related permissions,
while simultaneously requesting police protection for the inspection
scheduled on 26.02.2024 due to fear of repeated intimidation. Despite these
efforts, the Respondents continued to act in bad faith and obstruct the process.
After nearly eight years of delay, the Respondents issued a possession notice
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on 16.03.2024. The Complainants, while reserving their legal rights, agreed

to take possession through an email dated 06.04.2024. Despite this, the
Respondents failed to deliver peaceful and vacant possession of the flat,
further underscoring their fraudulent intent.

5. COMPETENT AUTHORITY PMRDA SHALL BE MADE PARTY

TO THE PRESENT PROCEEDINGS

5.1. The provisions of Section 14 of the RERA Act, 2016 are outrightly clear
that no changes in the sanctioned plan(s) can take place without the promoter
first reaching 2/3rd (66%) consent of the Allottees of the project further under
the provisions of Section 7 of the MOFA Act, 1963 the consent has to be
received from all the Allottees (100%) of the project in question. Despite the
said mandate of the applicable laws the Respondent has gone forward to
change the sanctioned plan(s) on more than one occasion. The said revised
sanctioned plans are uploaded on the portal of this Learned Authority without
uploading/disclosing before this Learned Authority the initial/actual
sanctioned plans on the pretext of which the project was sold to the
Complainants.

5.2. The question that has to be adjudicated by this Learned Authority is this
that without obtaining the requisite consent in what circumstances the
Competent Authority(s) have sanctioned the revisions. In all probability such
facts reflect only two possibilities that is either forged/falsified consent of the
Allottees was filed before the Allottees or that the revisions/changes in the
sanctioned plans have been obtained without duly complying with the
provisions of the applicable laws. That the said fact(s) cannot be adjudicated
unless the said Competent Authority is impleaded in the present proceedings
and their appropriate submissions are filed.

5.3. Under the present Complaint the Complainants have clearly sought
appropriate action against the Promoter for contravention of the provisions of
Section 14 of the RERA Act, 2016 therefore for adjudicating the said relief
judiciously it is imperative that PMRDA is made party to the present
proceedings and due process of the law is met with. For the said reason(s) the
Complainants have already filed an Application for Amendment of Memo of
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Parties bearing No. CC005000000228339/APP/AM/1 the same is pending

before this Learned Authority.

6. AXIS BANK SHALL BE MADE PARTY TO THE PRESENT

COMPLAINT

6.1. That during the time of booking the Complainants were lured into the
present project on the promise that the present project is being financed by
Axis Bank and that various lucrative schemes including but not limiting to
Housing Finance options to the Allottees. That based on such lucrative
schemes the Complainants booked the unit the project.

6.2. It is outrightly clear that Axis Bank has collaborated with the Respondent
in promoting, marketing and selling the project at hand to the Complainants.
Further, by funding the project at hand Axis Bank has acted as “Promoter”
within the meaning of section 2(zk) of the RERA Act, 2016 and benefitted
from the sale of the project and earned huge dividends.

6.3. Further, Axis Bank has also collaborated with the Respondents in duping
the Complainants of their hard-earned monies. As per the scheme offered to
the Complainants the Complainants had availed a loan facility of Rs.
32,79,000/- (Rupees Thirty-Two Lakhs Seventy-Nine Thousand Only) from
Axis Bank, East ASC Branch who assured the Complainants that they have
thoroughly conducted diligence regarding the project, sanctioned plans,
permissions etc and that the project is fit in all measures. That out of the said
loan facility by July 2018 the said Bank had already disbursed an amount of
Rs. 29,27,021/- (Rupees Twenty-Nine Lakhs Twenty-Seven Thousand
Twenty- One Rupees) i.e. 87% of the total loan amount. As per the Master
Circular issued by RBI bearing No. RBI/2015-16/46 DBR.No.
DIR.BC.13/08.12.001/2015-16 dated 01.07.2015 titled as “Master Circular -
Housing Finance” it is obligatory on part of the Banking Institutions providing
Housing Finance that disbursement of loan amounts shall be closely linked to
the stages of construction. Whereas in July 2018 the Respondents were far
from achieving 87% of Completion of the project and the same can be
ascertained by this Learned Authority by perusing through the Quarterly
Compliances the Respondents are to do within the meaning of the Act to
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update the status of construction along with CA Certificate, Structural

Engineer’s Certificate and Architect Certificate on public domain.

6.4. Further, as Axis Bank financed the subject project it was obligatory on
part of the Bank to ensure that all the requisite approvals, permissions,
sanctions have been
duly and lawfully obtained. From a bare perusal of the admitted facts of this
complaint it is outrightly clear that the respondents have flouted all sorts of
Rules, Laws applicable to them for the construction & development of the
project. Yet, the Bank has financed the subject project and even gone to the
extent of disbursing 87% of the loan amount way back in 2018 while having
no regard to the stages of construction. Hence, the Complainants require
clarification from the said Bank; hence, the Complainants want to add the
Axis Bank as a party to the present Proceedings. For the said reason(s) the
Complainants have already filed an Application for Amendment of Memo of
Parties bearing No. CC005000000228339/APP/AM/1 the same is pending
before this Learned Authority.

7. VIOLATIONS UNDER THE PROVISIONS OF THE RERA ACT,

2016

7.1. Section 4 of the RERA Act, 2016: As per Section 4 of the said Act the
Promoter is duty bound to disclose all the crucial details of the subject project
including but not limiting to the Sanctioned Plans, the consent of the allottees
as per MOFA obtained before the change/alteration in sanctioned plans, the
agreement to sell executed with the Allottees, the complete set of approved
building plans, the approval letter for revision/change in sanctioned plans, the
NOC from Fire Department, Fire Fighting Plans, the approval from concerned
competent authority along with policy documents for the additional FSI etc.
All these valuable disclosures have not been provided by the Promoter in its
application for registration of the Project.

7.2. Section 11 of the RERA Act, 2016: As per Section 11 of the said Act the
various obligations have been casted upon the Promoter. Under sub class (3)
the promoter is liable to provide the approved layout, sanctioned plans etc to
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the prospective allottees along with allotment letter at the time of booking.
The said disclosures have not been provided by the Promoter.

7.3. Section 12 of the RERA Act, 2016: The allottees booked a unit in the
subject project as per the limited information/documents provided by the
Promoter including the floor Plan of the Fifth Floor, C-Wing wherein the
dimensions of the unit in question, the limited common areas etc have been
pointed out and also the layout plan of the subject project. Compared to the
said information as available in the Agreement to Sell the sanctioned plans as
uploaded on the portal of the Authority there are specific changes in the area
of the unit in question, eventhough the consideration was paid off by the
Allottees as per the specific disclosures of the Promoter. Moreover, as on date
due to the increase in the number of wings/towers and the total covered the
entire demographics, density etc of the project stands changed. The agreement
to sell executed and the total sale consideration paid off as on date was strictly
basis the initial specifications of the project, layout/specifications of the unit,
demographics, density etc . First the Promoter has carried out the said changes
arbitrarily and thereafter has failed to either refund the excess consideration
and/or duly compensate the financial agony borne by the allottees on account
of such incorrect disclosures. In terms of Section 12 of the Act the same
amounts to violation of the RERA Act, 2016. Further, on careful perusal of
the Agreement to Sell dated 16.04.2016 it is revealed that under Recital (p) &
(s) the Respondent has wilfully disclosed wrong details of the sanctioned
plans and undertaken to complete the construction and development of the
project as per the said sanctioned plans whereas as per the credentials provided
therein there is no such sanctioned plan. It is noteworthy to point out herein,
that the promoter has provided the correct details of the sanctioned plans in
the model agreement uploaded on the portal of the Learned Authority at the
time of registration but to deliberately dupe the Complainants stated wrong
credentials in the Agreement dated 16.04.2016.

7.4. Section 14 of the RERA Act, 2016: As per the information available on
the portal of the Authority the sanctioned plans uploaded on the portal date as
recent as 2016, 2019 , 2021 and so on whereas the initial sanctioned plans as
obtained from the Competent Authority date back to 2014 and so on. In the
said scenario it is outrightly clear that the sanctioned plans have been
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changed/revised/altered and that too after the enactment of the RERA Act,
2016. Section 14 provides for disclosure of approval and reasoning for such
changes/alterations in the sanctioned plan. It also provides that any such
changes except minor alterations shall not be effectuated without the prior
consent of 2/3rd Allottees of the subject project. There is nothing on record to
show the existence of these mandatory requirements of the law.

7.5. Section 60 of the RERA Act, 2016: Section 60 of the Act provides for
punitive action wherein the Promoter is liable to be penalised upto 5% of the
total project cost for providing false information under section 4 of the Act.
In the instant case as elaborated the Promoter has deliberately concealed
relevant information and failed to provide absolute disclosure on the said
count the Authority shall initiate action under this provision.

7.6. Section 61 of the RERA Act, 2016: The Promoter has bypassed
provisions of section 11, 12 & 14 of the Act for the said action shall be
initiated under section 61 and the Promoter shall penalised upto 5% of the
estimated cost of the project.

In the light of these foregoing submissions the Respondents are liable to

proceeded against under the provisions of Section 7 of the RERA Act, 2016
and the Registration granted to the Respondent is fit to be revoked as the
Respondent on various occasions have flouted around the provisions of the
RERA Act, 2016 and conditions subject to which Registration of the project
has been granted under Section 5 of the Act.

8. COMPLAINANTS CANNOT BE ARM-TWISTED INTO

ACCEPTING THE POSSESSION OF THE SAID FLAT

8.1. The Complainants made the booking in the present project in 2015 the
possession of the said project was due in 2018. The Respondent has made the
Complainants to part with almost 90% of the total sale consideration way back
in 2018. Since then the Complainants have been running from pillar to post
but their dream of living in their own house has not been fulfilled despite
various rounds of litigations. That even though a favourable Order was passed
by this Learned Authority way back in 2020 the Respondent has not taken
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measures to handover the vacant, peaceful and legal possession of their flat.
That having invested close to 40 Lakhs in the project way back in 2018, the
Complainants have been living in rented accommodation while bearing the
burden of monthly EMIs without being able to realize the dream of living in
their own flat.

8.2. That the Respondent offered the possession of the flat in question in April
2024 but the said offer of possession was an afterthought as the present
Complaint has been pending since 2023. That despite offering the said
possession the Respondent has failed to facilitate the Complainants to enter
into the said flat and evaluate if the said flat has been constructed as per the
agreed terms under the Agreement dated 16.04.2016. That by way of various
emails, legal notices and other communications the Complainants have been
urging the Respondent to reinstate the original sanctioned plan based on the
promise of which the booking was made and the subsequent Agreement to
Sale was entered into but the said efforts of the Complainants have been of no
avail.

8.3. At the risk of being repetitive it is reiterated herein that the Respondent
has heavily flouted around the sanctioned plans and the project has not been
constructed as per the original sanctioned Plans. Further all the revisions have
been obtained and sanctioned by PMRDA without obtaining requisite consent
from the Complainants in complete derogation to the provisions of the RERA
Act, 2016 and other applicable laws. That at the time of booking and entering
into the Agreement to Sale a bogus floor plan was shown to the Complainants
and the Complainants being simple citizens were duped and made to part with
their hard-earned monies.

8.4. The Complainants have been waiting since 2015 to live in their dream
home and have spent enormously on rent and litigation while waiting to fulfil
this dream. That almost 10 years have elapsed and the Complainants are
continually waiting. In the said scenario a bogus offer of possession plagued
with illegal clauses has no basis and is fit to be discarded by this Learned
Authority at the very outset. That merely because the Respondent has offered
the Possession in 2024 at this belated stage the Complainants cannot be arm
twisted into accepting the possession of the said flat by no stretch of
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imagination. That the Complainants were awarded interest at 9% p.a. on the

amounts paid by this Learned Authority way back in 2020 and the said interest
is accruing each day the Respondent has failed to adjust the same in the final
demand.

8.5. In the light of the said facts, it is apposite to state that the Respondent has
committed grave contraventions of the RERA Act, 2016 and other applicable
laws along with the provisions mutually agreed between the parties under the
Agreement to Sale dated 16.04.2016. That by virtue of Section 19(4) of the
RERA Act, 2016 the Complainants are entitled to claim refund of amount paid
along with interest at such rate as may be prescribed and compensation as
provided under the Act. For ready reference, the relevant provision of the Act
are reproduced herein:

“Section 19: Rights and duties of allottees.

………(4) The allottee shall be entitled to claim the refund of amount paid
along with interest at such rate as may be prescribed and compensation in the
manner as provided under this Act, from the promoter, if the promoter fails to
comply or is unable to give possession of the apartment, plot or building, as
the case may be, in accordance with the terms of agreement for sale or due to
discontinuance of his business as a developer on account of suspension or
revocation of his registration under the provisions of this Act or the rules or
regulations made thereunder…………”

8.6. Further in the matter of M/s Newtech Promoters and Developers Pvt. Ltd.
vs. State of UP & Ors. Etc. (Civil Appeal No(s). 6745-6749 of 2021) the
Hon’ble Supreme Court has held that the Allottees have unqualified right to
claim refund under the Provisions of the RERA Act, 2016. The relevant
portion of the said judgment has been reproduced herein:
“25. The unqualified right of the allottee to seek refund referred under Section
18(1)(a) and Section 19(4) of the Act is not dependent on any contingencies
or stipulations thereof. It appears that the legislature has consciously
provided this right of refund on demand as an unconditional absolute right to
the allottee, if the promoter fails to give possession of the apartment, plot or
building within the time stipulated under the terms of the agreement
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regardless of unforeseen events or stay orders of the Court/Tribunal, which is

in either way not attributable to the allottee/home buyer, the promoter is
under an obligation to refund the amount on demand with interest at the rate
prescribed by the State Government including compensation in the manner
provided under the Act with the proviso that if the allottee does not wish to
withdraw from the project, he shall be entitled for interest for the period of
delay till handing over possession at the rate prescribed.”

PRAYER

In the light of submissions/arguments herein above elaborated, the correct

matrix of facts and the applicable provisions of the law, this Learned
Authority may be pleased to grant the following relief(s):

1. To grant the relief(s) as sought in the captioned Complaint.

2. To grant the relief(s) as sought under the Amendment Application bearing
no. CC005000000228339/APP/AM/1.
3. To initiate proceedings against the Respondent under the provisions of
Section 7 of the RERA Act, 2016 and revoke the registration granted to
the project.
4. To refund the amount paid along with interest at such rate as may be
prescribed and along with compensation as provided under the Act within
the meaning of Section 19(4) of the Act.
5. To grant any other relief(s) that this Learned Authority may deem fit in
the facts and circumstances of this case.

DATE: 27.01.2025
PLACE: Pune
COMPLAINANTS
Through Counsel:
ARUL PRAKASH
Advocate
OCULUS Legal
Office No. 103, LSC Pankaj Tower
Mayur Vihar Phase - 1
New Delhi - 110091
8826516187
[email protected]
PTL
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BEFORE THE MAHARASHTRA REAL ESTATE APPELLATE

TRIBUNAL, MUMBAI,
Appeal No. …………………………………… OF 2025
Arising out of Complaint No. CC00500000228339

IN THE MATTER OF:

Poonam Mewalal Gupta (Poonam Charles Kumar) & Anr.
….APPELLANTS
VERSUS
M/s Vedant Estate & Properties, through its Partner,
Mr. Sandeep Deepak Agarwal & Anr.
….RESPONDENTS

To,
The Registrar
Hon. Maha RERA Appellate Tribunal
Mumbai

VAKALATNAMA

Sir/Madam,
I/ We Mr. Charles Suresh Kumar & Poonam Mewalal Gupta (Mrs.
Poonam Charles Kumar) the Appellants / hereinabove do hereby appoint,
assign, engage and nominate : Advocates of OCULUS Legal, Office No. 103,
LSC Pankaj Tower, Mayur Vihar Phase - 1, Mayur Vihar Phase 1, New Delhi-
110091 (Phone: +91- 8826516187) (hereinafter called the Advocate/s to be our
Advocate/s in the above-noted case and authorize him/them: Adv Arul Prakash,
to act, appear, represent, argue, plead, sign in our Appeal; And on our behalf is
also hereby empowered, permitted, allowed to appoint, assign, engage and
nominate Legal Counsel/s to appear / sign in the above proceedings, on our
behalf.

IN WITNESS WHEREOF, I/ We have set, assign, assent and subscribed our

hands to this writing.

Dated this _____Day of ________________2025

__________________________________________
Signature

ACCEPTED

ARUL
PRAKASH
Advocate