BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY

AUTHORITY AT BANDRA (EAST), MUMBAI

(Complaint under section 31 read with section 71 of the Act r/w rule 6 of the
Rules, 2017)

Pant Nagar Parijatak CHS Ltd. ) ...Complainant

Versus

M/s Kumar Urban Development Pvt Ltd @

M/s Kumar Builders Mumbai ) ...Respondent
INDEX

Sr. No. Date Description Page no.

1. Memorandum of Address I
2. Complaint
3. Vakalatnama
4. Affidavit in support
5. List of Documents
6. Exhibit ‘A’
7. Exhibit ‘B’
8. Exhibit ‘C’
9. Exhibit ‘D’
10. Exhibit ‘E’
11. Exhibit ‘F’
12. Exhibit ‘G’
13. Exhibit ‘H’
14. Exhibit ‘I
15. Exhibit ‘J’
16. Declaration
17. Last Page

1
BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY
AUTHORITY AT BANDRA (EAST), MUMBAI

(Complainant under section 31 read with section 71 of the Act r/w rule 6 of the
Rules, 2017)

Pant Nagar Parijatak CHS Ltd. ) ...Complainant

Versus

M/s Kumar Urban Development Pvt Ltd @

M/s Kumar Builders Mumbai ) ...Respondent

MEMORANDUM OF REGISTERED ADDRESS

Advocate: - Mandar Waidande & Nitin R. Dhandore-

Address:- Bldg No. 153, Room No. 101, Pantnagar, Parijatak Chs Ltd.,
Pantnagar Ghatkopar (East), Mumbai – 400 075.

2
 BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY
AUTHORITY AT BANDRA (EAST), MUMBAI

(Complaint under section 31 read with section 71 of the Act r/w rule 6 of the
Rules, 2017)

Pant Nagar Parijatak CHS Ltd. ) ...Complainant

Versus

M/s Kumar Urban Development Pvt Ltd @

M/s Kumar Builders Mumbai ) ...Respondent

VAKALATNAMA

We, 1) Mr. Benigopal Bang,the Chairman, 2) Mr. Devidas Palekar, the

Secretary, 3) Mr. Rajesh Gada, the Treasure and the members on Committee of
Pant Nagar Parijatak CHS Ltd, the above named Complainant do hereby nominate,
appoint and constitute Adv Mandar Waidande to act, plead & appear on behalf of
the Complainant in above matter.

In Witness whereof, we have set and subscribed our hands to this writing on
this _______day of July 2022

Place:- Mumbai

Date:-

3
Accepted:-

Mr. Mandar B. Waidande.

Mr. Nitin R. Dhandore.

Mr. Vikas G. Saindane.

Off:- Bldg No. 153, Room No. 101,

Pantnagar, Parijatak Chs Ltd.,
Pantnagar Ghatkopar (East), Mumbai – 400 075.
Contact: 9773319778/9819970516
Email:[email protected]

4
BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY
AUTHORITY AT BANDRA (EAST), MUMBAI
(Complaint under section 31 of the Act)
For office use of Authority(s) office :-
Date of Filing :-
Date of receipt by post :-
Complaint No. :-
Signature :-
Authorized Officer :-

Between

Pant Nagar Parijatak CHS Ltd, )

An Association of members of Cooperative )
Housing Society registered under the provisions )
Maharashtra Cooperative Societies Act, 1960 )
Reg:- MUM/MHADB/ HSG/(TC)/12626/2006-07 )
Having address at Building no. 153, Pant Nagar, )
Ghatkopar (E), Mumbai- 400 075 )…Complainant
Versus
M/s Kumar Urban Development Pvt Ltd @ )
(Formerly known as M/s Kumar Builders Mumbai )
A company registered under the provisions of )
Companies Act 1956 )
Having its registered office at 10th Floor, )
Kumar Business Centre, opposite Pune Central )
Bund Garden Road, Pune 411001 )
And

5
Mumbai office at Office N. 7, Ali Chambers, )
Nagindas Master Road, Flora-Fountain, )
Mumbai- 400023. ) …Respondent

Details of the claim :-

A) Particulars of Complaint :-

Name of the Complainant:-Pant Nagar Parijatak CHS Ltd

Address of the office of the complainant:- Building no. 153, Pant Nagar,
Ghatkopar (E), Mumbai- 400 075.

Address of service of all notice

________________________
Advocates for the Complainant
Mr. Mandar B. Waidande
Mr. Nitin R. Dhandore
Mr. Vikas G. Saindane
Particulars of Respondent :- M/s Kumar Urban Development Pvt Ltd @
M/s Kumar Builders Mumbai

Office address of the Respondents : -

i. Office at 10th Floor, Kumar Business Centre,
opposite Pune Central, Bund Garden Road, Pune 411001
ii. Mumbai office at office no. 7, Ali Chambers, Nagindas Master Road,
Flora- Fountain, Mumbai- 400023.
Address for the service of Notice
i. Mumbai office at office no. 7, Ali Chambers, Nagindas Master Road,
Flora- Fountain, Mumbai -400 023.
6
ii. Office at 10th Floor, Kumar Business Centre, opposite Pune Central,
Bund Garden Road, Pune 411001.

iii. Block number ground floor, office no.7, Suryodaya Estate, street name,
tardeo road, locality tardeo, land mark tardeo road state/utmaharashtra
division konkan district mumbai city, Taluka- Mumbai- 400034.

(A)Jurisdiction of Authority: -
The Complainant declares that the subject matter of the claim falls within
the jurisdiction of the Authority as the project was situated at Survey No.
236-A and CTS No. 194(pt.) of village Ghatkopar (E), Mumbai and the said
project was also registered with the Authority and now the project is
completed without Occupation Certificate and other amenities not provided
as agreed and this Authority has got jurisdiction to adjudicate and hear the
present complaint and to decide the same on its own merits.

(B)MAHARERA Project Registration No. P51900011786

MAHARERA Complaint No: - ___________________.

(C)MAHARERA Project Name:- KUL TULIP @ KUL TANGERENE

1. The Complainant is an association of persons who had formed a Co-

operative Society registered under the provision of Maharashtra Cooperative
Societies Act 1960 bearing registration no.
nd
MUM/MHADA/HSG/TC/12626/2006-07 dated 22 March 2007 .i.e. the
society herein who initially representing its 32 members, who were the
Original Tenement Holders of the building no. 153, situated at Survey No.
236-A and CTS No. 194(pt.) of village Ghatkopar (E), Mumbai of which
Maharashtra Housing and Area Development Board was the owner of the
said property.

7
2. The Complainant states that by way of Deed of Sale dated 13 th September
2007 between MHADA on one part and the Society herein on other part vide
registered Sale Deed with Joint Sub-Registrar of Assurances, Kurla -13, the
MHADA sold and conveyed the said building no. 153 to the Complainant
society herein for consideration.

3. Simultaneously with the execution of the above said Sale Deed dated
13.09.2007, by way of an Indenture of Lease deed dated 13 th September
2007 made between MHADA and the Complainant Society duly registered
before the Sub-Registrar, Kurla -13, the land underneath and appurtenant to
the said building no. 153 adm. 743.30 sq meter was given on lease for a
period of 99 years commencing from 1.03.1995 for premium and on terms
and conditions therein contained.

4. The complainant society was thereafter seized, possessed and otherwise well
sufficiently entitled to the leasehold right, title and interest in the piece and
parcel of said land adm. 743.30 sq mtr. and was also the absolute owner of
the said building no. 153 consisting of ground plus three upper floors
containing 32 tenement holders standing thereon, the said land and said
building hereinafter be referred to as “the said property” for the sake of
brevity. The Complainant herein craves leave to refer to and rely upon the
Indenture of Lease and Sale Deed registered between MHADA and the
Complainant.

5. The Complainant society through its original 32 tenements decided to

redevelop the said property as the building standing thereon was in a
dilapidated condition and was in need of heavy repairs and the Complainant
society was not financially sound and after making decisions vide its
resolution appointed the Respondent herein who was formerly known as M/s
Kumar Builders Mumbai and now known as mentioned above in the cause
title being the Pvt Limited Company and vide development agreement dated
1st June 2008 assigned development rights to the said Respondent to cause
construction of building for the old tenement holders and also to utilize the
benefits under DC rules by exploring the FSI for constructing multi storied
8
 buildings on the said property after demolishing the old building no. 153 and
pursuant thereof to allot new flats free of cost to all 32 members, the self
contained flats inducing all the amenities and other facilities as per the
Development Agreements and as per the rules and regulation of the
concerned authority in the new building as permanent alternate
accommodation in lieu of their existing tenements in the said old building
no. 153.Vide said Development Agreement, it was very much set out terms
and conditions that the Respondent herein being the Promoter and Developer
shall after allotting the said 32 tenement holders their respective flats, the
Promoter/Developer shall be entitled to sell remaining flats/Commercial
shops in the new multi storied buildings on the said property to the
prospective purchasers thereof and shall be entitled to the money and funds
received therefrom. Hereto annexed and marked as Exhibit ‘A’ is the copy
of the Development Agreement dated 1st June 2008 along with the list of
Original 32 tenement holders.

6. The Complainant states that, the said Development Agreement was also
confirmed between the Complainant and the Respondent herein vide
Registered Confirmation Deed dated 13th January 2010 after paying
necessary stamp duty whereby adopting and reiterating and maintaining the
terms and conditions of the said Development Agreement dated 1 st June
2008. Hereto annexed and marked as Exhibit ‘B’ is the copy of the
Confirmation Deed dated 13th January 2010.

7. The Complainant states that, there also came to be a registered

Supplementary Agreement dated 25th March 2010 between the Complainant
and the Respondent herein whereby modifying and altering and rectifying
the first Development Agreement dated 1 st June 2008 due to change in
government policies which entitling the Respondents being the Developer
and Promoter with most of the benefits under the Development Control
Regulations. Hereto annexed and marked as Exhibit ‘C’ is the copy of the
Supplementary Agreement dated 25th March 2010.

8. The Complainant states that, the said project is known as ‘KUL TULIP’ and
also “KUL TANGERINE” as the same was given by Respondents. The
9
 Respondent further registered the said project with MAHARERA Bearing
Project No. P51900011786. The information is also uploaded by the
Respondent on Maha RERA website. Hereto annexed and marked as
Exhibit ‘D’ is the copy of the project registered with RERA by the
Respondent.

9. The Complainant states that, under the above-mentionedAgreements, the

Respondent being the promoter had agreed to provide amenities and other
facilities to the members of the society which are mentioned in the
Agreement dated 1st June 2008 and also the Supplementary Agreement dated
25th March 2010. The Respondent after construction of the building was to
obtain Occupation Certificate within a period of 15 months from the date of
all members vacating and handing over the quiet and vacant and peaceful
possession of their respective flats to the Respondent for reconstructing the
entire said property. All the old tenement holders had given vacant
possession of their premises to the Respondent in the year 2009 for
reconstruction.

10.The complainant states that, the respondent could not able to complete the
construction of the project as agreed and also did not allot the respective
flats to the members of the complainant society in time and had to wait for
their new flats along with other facilities as enumerated in the Development
& Supplementary Agreements and also as per the rules and regulation of the
local authority.Moreover, the Complainant states that, the Respondent being
the promoter also did not give possession ofFlats to the new purchasers in
free-sale component for which the allottees (new purchasers) in the said
project had also filed Complaints before Maharera wherein the Hon’ble
Authority had also passed orders directing the Respondent to allot timely
possession. Hereto annexed and marked as Exhibit ‘E’ is the copy of the
Order passed by Maharera in COMPLAINT NO: CC006000000000872
relating to the above said ‘KUL TULIP’ project.

11.The complainant states that, the Respondent had committed various defaults
on many aspects with respect to said Project. It is pertinent to note the
Respondent was also under the above mentioned supplementary agreement
10
 was required to provide rent/compensation towards transit accommodation
to the tune of Rs 10000/- for the first 18 months and thereafter Rs 11000/- if,
the possession of new flat is not given in 24 months, the
Promoter/Developer shall after expiry of 24 months period shall pay 10%
higher amount of rent on Rs 11000/- till the month in which members are
offered in possession. The Complainant further states that, time and again 32
members of the Society were requesting the Respondent as to when the
Possession of their respective flats will be allotted to which the Respondent
was buying time on this or that pretext.Ultimately, the Respondent being the
“Promoter & Developer” entered into Permanent Alternate
Accommodation Agreement (PAAA) dated 29th August 2019 with each
respective 32 members of the society being the “Allottees” whereunder the
Respondent being the promoter promised to allot the members of the
complainant society their respective flats in the new building. However, the
same was also being delayed. For the purpose of producing the said PAA
Agreement, the complainant is producing one of the PAA agreements of its
members. Hereto annexed and marked as Exhibit ‘F’ is the copy of the
Permanent Alternate Accommodation Agreement dated 29 th August 2019
with one Mrs. Keshar Rajendra Dhandore.

12.The Complainant states that, the Respondent was in default in paying regular
monthly compensation to all the 32 members of the society. The same fact
was brought to the notice of the Respondent to which the Respondent
showed its difficulty and with a view to support the Respondent to hand over
the possession so that at least not to financial burden the Respondent with
rents/Compensation to all 32 members, as a gesture of good will, the 32
members of the complainant society accepted the affidavit dated 11 th June
2020 executed by the Respondent who promised to comply with various acts
and formalities to complete the entire process including other amenities and
requisites as per the rules and agreements and ultimately offered a
possession of flats without Full Occupation Certificate and further promised
that it shall obtain Full Occupation Certificate (OC) in due course without
any delay. The Complainant states that, at or about the end of July 2020
most of the members including new purchasers of Flats and Shops took
possession on the basis of above said Affidavit. However, the Occupation
11
 Certificate was not obtained by the Respondent and it promised that the said
OC will be obtained and will be handed over to the society; The Respondent
also agreed to clear and pay all dues and payments of MCGM including land
tax, property tax and other Govt Bodies as applicable upto 30 th June 2020
which was not later paid by the Respondent as the Full OC was not issued to
the said Flats and Building for long time even till today due to which the
same became ground for attracting exorbitant charges and taxes were leveled
as was the obligation of the Respondent to pay further taxes such as property
charges and other Govt Bodies Taxes till possession as having No Full
Occupation Certificate becomes liability of more taxes, charges get increase.
The Respondent also had undertaken to pay all amounts of Mahanagar Gas
Ltd till the stage of testing of gas availability in the first flat as per their
procedure. It was also promised and agreed that the process of getting an
operation gas connection from MGL and also payment of Water Supply
Connection to Mumbai Composition of Greater Mumbai to all the members
of the society before they move in their respective flats. The members of the
society had extended all their cooperation, the same is still not complied
with by the Respondent. Vide said Affidavit dated 11 th June 2020, the
Respondent had agreed to pay 15 days rent/compensation of Rs 13,933/- to
all 32 members which is due and payable to the tune of Rs 4,45,856 /- to be
paid to all the members of the society, and the said amount was to be paid at
the time of registration of Supplemental Lease Deed between the MHADA
and the Complainant Society. However, the same is also still not complied
with as already the Supplemental Lease Deed is executed on 28th May 2021.
Hereto annexed and marked as Exhibit ‘G’ is the copy of the said Affidavit
dated 11th June 2020.

13.The Complainant states that, the Respondent had not carried out entire work
including the works which are also not done properly and even are not
functioning properly till today. Annexing herewith the Schedule of the work
not done properly/ or left undone.
i. Car lift and Stack Parking not functioning since possession was
given even till today the good has not been made towards the
Society by re-installing or repairing the said Car Lift.

12
 ii. There is also leakage, seepage in building which still have not
been rectified by the Respondent.
iii. There is also seepage nearby the Electrical meter Room which
is also not rectified.
iv. Fire safety measures was not installed by the Respondent as
required under the rules and regulations and the same was
installed by the Complainant. And even the AMC warranty for
the firefighting system is continued by their Complainant herein
at their own cost where 32 members have also contributed.
v. The Security Cabin was also required to be constructed as per
the development agreement by the Respondent. The same is not
done even till today.
vi. No Toilet for 6 Shops has been constructed by the Respondent.
vii. No Gas Connection is installed from the date of possession till
today due to the non-availability of O. C.
viii. There is a Tree in front of the main gatewhich is Obstructing
the entrance to the building.The same was to be removed for
the purpose of entrance.
ix. Insurance policy for the project is also not continued by the
Respondent till the receipt of Full Occupation Certificate.

Exhibit ‘H’ is the list of the work not carried out or entire work
including the works which are also not done properly and even
are not functioning properly till today in the said project.

14.The Complainant states that, the members of the complainant society had
been residing in the flats which are without Occupation Certificate and also
without Gas Connection. Water Supply connection and also there are other
requisites under the said Development Agreement, Supplementary
Agreement &the rules and regulation have not been complied as mentioned
above. The Complainant states that, the leakage and seepage of the building
is also carried out by the Complainant at their own cost as the same was to
be carried out by the Respondent as the same was his responsibility till the
Occupation Certificate is not issued. The Water Bills are also increasing
which are due and payable due to non-issuance of OC. Moreover, the
13
 Electricity Connection bearing Account No. : 152722657, bearing Account
No:- 152722656 and bearing Account No.:-152673710, bearing Account
No:- 152673344 which are constantly increasing due to the Non-issuance of
Full Occupation Certificate. It is also pertinent to note that due to non –
issuance of Full O.C, the AMC warranty of the internal lift/elevator of the
Building is also paid by the Complainant for its proper functioning despite it
being the responsibility of the Respondent. The Complainant had to also
incur the Housekeeping & Security service for which they are paying as the
same was the duty and requirement of the Respondent till obtain full OC and
still the entire building and the liabilities attached therewith are the
responsibility of the Respondent.

15.The Complainant had and is also incurring expenses for the non compliance
of the Respondent as per the rules and regulation and also as per the
Agreements for which Complainant had to pay the dues as follows:-
a. Property Tax paid upto date by all members to the tune of Rs 7.43 Lakhs.
b. Electricity Charges paid by Society for car lift, stack parking and
corridors/passage- Rs 4.4 Lakhs
c. Security Charges paid by Society- Rs 5 Lakhs.
d. Repairs towards Leakage and Seepage of the Building paid by Society-
Rs 1.84 Lakhs.
e. House Keeping paid by Society –Rs 1.93 Lakhs.
f. AMC Warranty of Internal Lift of Building Maintenance paid by Society-
4.23 Lakhs.
g. Water Charges paid by Society- 5.5 Lakhs.
h. Fire Safety Measures— Rs. 84737/-
i. Insurance Policy – Rs 26289.4

Hereto annexed and marked as Exhibit ‘I’ is the List of the expenses
incurred and paid towards the above particulars and also the Bank
Statements supporting all the payments made by the Complainant with
respect to above particulars.

16.Thereon, the Complainant society on its behalf vide Advocate’s letter dated
27th December 2021, whereby called upon the Respondent to comply with
14
 all the requisition mentioned above including make good or compensate the
Society for the amounts paid to the Local and Govt Bodies and other
authorities for the basic necessities of life. Hereto annexed and marked as
Exhibit ‘J’ is the copy of the Advocate’s notice dated 27th December 2021.

17.The Respondent through its Advocate’s letter dated 01.01.2022 admitted to

have not obtained OC and is in the process of getting it. The Respondent
also admitted the 15 days rent to be paid to all the 32 members of the
Society and also admitted to have not installation car lift is not done till date
However, allegedly denied the municipal taxes to be paid. The said fact of
taxes and charges were again reiterated by the Society through its
Advocate’s letter dated 10.01.2022 whereby denied all the contents of the
said reply dated 01.01.2022. Hereto annexed and marked as Exhibit ‘K’&
‘L’ are the copies of the Respondent’s Advocate’s notice dated 01.01.2022
& the rejoinder thereto of the complainant society’s Advocate letter dated
10.01.2022.

18.The Respondent again with a malafide intention and to dodge the real
defaults and failures on their part, again sent a reply through its Advocate’s
letter dated 31.01.2022 and made false and incorrect statements and
recorded wrong facts therein to avoid their performance under the said
Development Agreements and supplemental agreements and the rules and
regulation of the competent authority. Hereto annexed and marked as
Exhibit ‘M’ is the copy of the Respondent’s Advocate’s notice dated 31 st
January 2022. The Complainant states that, in or about February 2022 the
Complainant through its advocate replied to the above said letter and denied
all its contents. Hereto annexed and marked as Exhibit ‘N’ is the Copy of
the rejoinder of the Complainant’s Advocate to the above letter dated
31.01.2022 sent by the Advocate on behalf of the Respondent.

19.It is submitted by the Complainant that the Respondent herein being the
Promoter/Developer who had caused to construct the new buildings and the
flats therein and had promised the complainant and its old 32 members to
allot their respective new flats in lieu of their existing 32 tenements and the
said was to be complied and completed under the Development Agreement
15
 dated 1st June 2008, registered Confirmation Deed 13 th January 2010 &
registered Supplemental Agreement dated 25 th March 2010. The Respondent
had also executed Permanent Alternate Accommodation Agreement dated
19th August 2019 with each members of the complainant society whereby
had promised to allot their flats and their amenities and facilities for the
enjoyment of the members of the society. However, the same, despite of
many correspondences made to the Respondent, the Respondent had failed
to act in accordance with the Agreements and the rules and regulation of the
law. Thus, it is clear failure on the part of the Respondent to act in
accordance with the Law and also the Agreements as mentioned above
which makes the Respondent liable to do good and also to compensate the
members of the society who had incurred expenses as a the association of
persons .i.e. Society by paying taxes and charges of the Govt Bodies, which
are due and payable by the Respondent.

20.The Complainant submits that irreparable harm, loss and injury which
cannot be compensated in terms of money will be caused to the complaint if
the reliefs as prayed for by the complainant are not granted. No harm, loss
and injury will be caused to the Respondents if the prayers as prayed for by
the complainant are granted. The balance of convenience is in favour of the
Complainant. It will be in the interest of equity, justice and good conscience
to grant the reliefs prayed for by complainant in the complaint.

21.The Complainant submits that the claim of the complainant is not barred by
the law of limitation as the same is continuous cause of action as there is
delay in obtaining Occupation Certificate, due to which, the Complainant
society had to incur heavy expenses and loss and are also paying the same to
the Government Authorities and Local Planning Authority and also the
promises agreed under the Agreements mentioned above are not honored.
Thus, the cause of action to file the above complaint is within the period of
limitation and there is no other remedy for the complainant for their
grievances for the quick reliefs as prayed herein.

22.COMPLAINT NOT PENDING WITH ANY OTHER COURT ETC:-

16
 The Complainant further declares that the matter regarding which this
Complaint has not been made and/or is not pending before any court of law
or any other Authority or any other Tribunal (s).

23.PARTICULARS IN RESPECT OF THE FEE IN TERMS OF SUB-

RULE A (1) OF RULE 7:-

Amount Rs. 5059/-

Mode Net Banking

24.RELIEFS SOUGHT:-

In view of the facts mentioned hereinabove, the Complainant prays for the
following reliefs: -

a) This Hon’ble Authority may be pleased to direct the Respondent to obtain as

soon as possible the “Full Occupation Certificate” with respect to the project
“KUL TULIP” also known as “Kul Tangerine” whereon multi-storey
building constructed on and situated at Survey No. 236-A and CTS No.
194(pt) of village Ghatkopar (E), Mumbai.

b) This Hon’ble Authority may be pleased to direct the Respondents to execute

and complete all the undone/left out and pending works/repair works not
completed by the Respondent as mentioned in the list annexed at “Exhibit
H”.

c) This Hon’ble Authority may be pleased to direct and order the Respondents
to pay an amount of Rs. 4,45,856/- (Rupees Four Lacks Forty Five
Thousands Eight Hundred Fifty Six only) including Interest @ 12% towards
15 days rent of July 2021 on Rs 13,933/- to each 32 member and the same
be paid to 32 occupants/allottee of the Complainants, the list is shown and
annexed alongwith at ‘Exhibit A’.

d) This Hon’ble Authority may be pleased to direct the Respondent to

reimburse for the charges, tax and penalty paid by the Complainant as
‘Exhibit I’.

17
e) The Respondent may also be directed to pay interest at prescribed rates on
the amount stated under clause (c) & (d).

f) This Hon’ble Authority may be pleased to direct the Respondents their

servants, agents, persons and representatives claiming through them to
compensate the Complainant for difficulties and expenses incurred by all the
members of the complainant society for the payment of Rs. 10,00,000/- (Rs.
Ten Lacks Only) to the Complainant, along with interest @18% per annum
or as this Hon’ble Authority may deem fit and proper from the date of filing
the Complaint till payment and realization towards compensation under the
Real Estate (Regulation and Development) Act, 2016.

g) This Hon’ble Authority may be pleased to pass a mandatory order and

decree directing the Respondents, their servants, agents, persons and
representatives claiming through them, to complete full work/project as per
the Agreements and the provisions of Maharashtra Ownership of Flats Act,
1963 and Real Estate Regulatory Authority, 2016 (RERA) along with Rules
framed thereunder of 2017.

h) For interim and ad-interim reliefs in terms of prayer (c), (d) &(g) above;

i) Cost of the Complaint i.e., Rs 75,000/- to be provided for

j) For such further and other reliefs as the nature and circumstances of the case
may require.

25.LIST OF ENCLOSURES:-

1) Exhibit-A - Copy of the Development Agreement dated 1st June 2008

along with the list of original 32 tenement holders.
2) Exhibit-B -Copy of the Confirmation Deed dated 13th January 2010.
3) Exhibit-C –Copy of the Supplementary Agreement dated 25 th March
2010.
4) Exhibit ‘D’ is the copy of the project “KUL TULIP” registered with
Maha RERA by the Respondent.

18
 5) Exhibit ‘E’ is the copy of the Order passed by Maharera in
COMPLAINT NO: CC006000000000872 relating to the same ‘KUL
TULIP’ project.
6) Exhibit-F -Copy of the Permanent Alternate Accommodation
Agreement dated 29th August 2019 with one Smt. Keshar R.
Dhandore.
7) Exhibit-G – Copy of the Affidavit dated 11th June 2020 executed by
the Respondent.
8) Exhibit ‘H’ Copy of the list of the work not carried out or entire work
including the works which are also not done properly and even are not
functioning properly till today in the said project.
9) Exhibit ‘I’ Copy of the List of the expenses incurred and paid
towards the above particulars and also the Bank Statements
supporting all the payments made by the Complainant with respect to
above particulars.
10) Exhibit ‘J’ Copy of the Advocate’s notice dated 27 th December 2021
sent to the Respondent.
11) Exhibit ‘K’ Copy of the Respondent’s Advocate’s notice dated
01.01.2022 to the Complainant’s Advocate’s notice.
12) Exhibit ‘L’ Copy of the rejoinder thereto of the complainant
society’s Advocate letter dated 10.01.2022.
13) Exhibit ‘M’ Copy of reply of the Respondent’s Advocate’s notice
dated 31st January 2022 to the letter of the Complainant’s Advocate.
14) Exhibit ‘N’ Copy of the sur-rejoinder of the Complainant’s
Advocate to the above letter dated 31.01.2022 sent by the Advocate
on behalf of the Respondent.

Dated : ____________

Chairman Secretary
Treasurer Complainant.

Advocate for the Complainant.

19
 VERIFICATION

I, Mr. Devidas Nana Palekar, Aged ___ years the Secretary of

the Complainant, do hereby verify and declare on behalf of the
Complainant authorizing me to sworn and verify the above complaint
and state that the contents of paragraph 1 to 23 are true, correct and to
the best of my knowledge and belief and I have not suppressed any
material facts.

Solemnly Declared at Mumbai )

On this ____ day of July 2022 )

_____________________
Chairman/Secretary of Complainant

Advocate for the Complainant.

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