BEFORE THE MAHARASHTRA REAL ESTATE

REGULATORY AUTHORITY, MUMBAI.

COMPLAINT NO. _______ OF 2025

1. MR. KAILASH PRASAD SANGHAI

2. MRS. BINDO DEVI SANGHAI ) . . . Complainants

VERSUS

1. SHETH DEVELOPERS PRIVATE LIMITED

2. Ashwin Natwarlal sheth- Director.
3. Hanuman Prashad Karodia- Director.
4. Chintan Ashwin Sheth- Director.
5. Maulik Ashwin Sheth- Director.
6. Vallabh Natwarlal Sheth- Director.
7. Jitendra Natwarlal Sheth- Director.
8. Mukesh liladhar Shah- Director. ) . . . Respondents

COMPLAINT UNDER SECTION

31 OF MAHARERA ACT, 2016
ON BEHALF OF THE
COMPLAINANTS.

For use of Regulatory Authority(s) office:

Date of filing: ______________________
Date of receipt by post: ______________________
Complaint No.: ______________________
Signature: ________________________
Registrar: ________________________
IN THE REGULATORY AUTHORITIES OFFICE BANDRA, MUMBAI
Between

MR. KAILASH PRASAD SANGHAI

MRS. BINDO DEVI SANGHAI … Complainants
And
SHETH DEVELOPERS PRIVATE LIMITED …Respondents
1. Particulars of the complainants:

(i) Name of the complainant:

1. MR. KAILASH PRASAD SANGHAI

2. MRS. BINDO DEVI SANGHAI

(ii) Address of the existing residence of the complainant:

22nd Floor, Vaibhav Building, Warden Road, 80/A, Bhulabhai

Desai Road, Near Amarsons Garden Breach Candy, Cumballa Hill,

Mumbai – 400026.

(iii) Address for service of all notices: SAME AS ABOVE

2. Particulars of the Respondents:

(i) Name of respondent:

SHETH DEVELOPERS PRIVATE LIMITED

(ii) Office address of the respondent:

Sheth House, Vasant Valley, Near Dindoshi Bus Depot, Gen.

A.K. Vaidya Marg, Off. Western Express Highway, Malad East
– 400097.

(iii) Address for service of all notices: SAME AS ABOVE

3. Jurisdiction of the regulatory authority:

The complainant declares that the subject matter of the claim falls

within the jurisdiction of the regulatory authority of Bandra, Mumbai.

4. Facts of the case:

I. That, the Complainants are both senior citizens and

Complainant No. 02 is facing serious health issues

and bedridden, thus, she has executed a Power of

Attorney dated 05.10.2024 in favor of Complainant

No. 01 to make decisions jointly in this matter.

Hereto marked and annexed as “EXHIBIT – A” is

the said Power of Attorney.

II. The Complainants state that, they were in planning

and in search of two residential flats to purchase in

a good Residential project in the vicinity of Mumbai

during the year 2010.

III. That, during their aforesaid search they came across

the Respondent’s proposal to Book a flat in their

under construction ongoing Project Known as

“VASANT PEARL” at that time, which is presently

renamed and recognized as “SHETH BLUE IVY” in

Malad (E) area, Mumbai under MahaRera

Registration No. P51800001407, having CTS No.

104 – A, Village Dindoshi, “A” – 4 Plot, Ward “P”

North, Malad East – 400097; (Hereinafter referred to

as “The Said Project”).

 Hereto Annexed and marked as “EXHIBIT – B” is

the Copy of the formal record of declaration for the

same on the letterhead of the Respondent.

IV. That, during the course of meeting that the

Complainants had with the Respondent, He had

explained them about the project, it’s location,

amenities, plan, payment schedule and commitment

of Proposed timely possession within 3 years, along

with various other benefits in flowery language and

insisted them to book flats. The Complainants

relying upon the said representation, without any

skepticism decided to book two Flat No. s 1602

and 2602 both admeasuring about 1737.24 Sq. Ft.

Carpet area each on the 16th and 26th Floor

Respectively in said project “SHETH BLUE IVY”

(Hereinafter referred to as “The Said Flats”).

V. That, subsequent to the due discussion between

them, they had paid the 10% consideration for both

the above said flats almost 14 years ago as an

investment and to have property for future financial

security in old age. However, the Unprofessionalism

and malicious intent displayed by the Respondent

Developer has made my clients lose faith in them

and now they have no other alternative but to seek

 legal recourse. The Total consideration of each said

Flat was Finalized to 1,51,20,000/- (Rupees One

Crore Fifty-one lakh twenty thousand only) and

thus, both the said flats were booked jointly by the

Complainants for the aforesaid consideration

amount.

VI. That, Thereafter, Respondent, had issued two (02)

ALLOTMENT LETTERS in favor of the Complainants

jointly for the said flats Wherein the payment Terms

were agreed as per allotment letters as following:

i. Flat No. 2602 on 26th Floor: Allotment letter dated

21.07.2010

ii. Flat No. 1602 on 16th Floor: Allotment letter dated

28.07.2010

Hereto Marked and annexed as “EXHIBIT – C

COLLY” are the copies of both the Allotment

Letters.

VII. That, as per the terms and schedule of the allotment

letters and a prerequisite, Rs. 15,00,000/-

(Rupees fifteen Lakh only) were to be paid at the

time of signing of the abovementioned allotment

letters in para V. The Second Clause (Clause 2) of

the aforementioned allotment letters state that Rs.

15,00,000/- (Rupees fifteen Lakh only) have

 been paid by the Complainants/allotees to the

Respondent during the execution of the allotment

letters for both the earnest money (installment 1)

and Issuance of allotment letter (installment 2) of

each said flat. Thus, in totality, Rs 30,00,000/-

(Rupees Thirty Lakh only.) has been paid with

reference to both the flats as two installments

stated in CLAUSE -2 of the letters as seen in

EXHIBIT – C.

VIII. That, vide letter dated 08.12.2011, Complainants

sought an update on the commencement of the

construction and progress report of the project,

noting that a year had passed since the allotment

letters were issued and they had not received any

information from the Respondent regarding the

commencement of the project's status even though

they had made timely payment of both the

instalments as per the allotment letters as bonafide

buyers which constitutes to 10% of the total

consideration amount for each flat.

Hereto Marked and Annexed as “EXHIBIT – D” is

the Copy of the said letter.

IX. That, after a lot of communication for the update on

the aforesaid EXHIBIT – C, Complainants received a

reply from Respondent vide letter dated 10.06.2013

 mentioning the reasons for the delay as ‘force

majeure’ and further stating that Complainants were

ready to continue with the project and that, the

Allotment letters executed between both of them

stands binding.

Hereto Marked and Annexed as “EXHIBIT – E” is

the copy of the said Reply.

X. That, thereafter as per demand raised by the

Respondent via intimation letters dated 12.06.2017,

the Complainants were intimated that they have to

pay the MVAT charges of 1% on the allotment letters

as per the latest amendment, amounting to Rs.

15,000/- (Rupees Fifteen Thousand only) which was

duly paid by Complainants vide cheques dated

22.06.2017 for each said flat. Following which, they

received two receipts for the same bearing receipt

no’s 045821 and 045822 for the aforesaid payment

of total Rs. 30,000/- (Rupees Thirty Thousand only)

against MVAT.

Hereto Marked and Annexed as “EXHIBIT – F” is

the copy of the said letter dated 12.06.2017 AND

“EXHIBIT – G COLLY” are the copies of the said

receipts.

XI. That, after acquiring the MAHA RERA certificate No.

as per the new law, RERA Act, 2017, the Respondent

 issued letter to complainants dated 05.08.2017

informing them of their future milestones which

included registration of the said flats in August

2017 itself, furthermore stating that they will be

handing over the residences before completion

dates mentioned in the project. However, these

promises proved to be empty and it was all talk and

no action as till date neither have Complainants

received the possession of the said flats, nor have

they been registered with the said flats.

Hereto Marked and Annexed as “EXHIBIT – H” is

the Copy of the said letter.

XII. That, the Respondent raised tax invoices/ demand

letters in favor of the Complainants requesting them

to remit the third installment amount along with the

GST amount within 15 days of the letters although

the Complainants have already paid more than 10%

of the total consideration amount and the delay

caused by the Respondent; for which only he stands

responsible in the work/construction, has affected

the Complainants monetarily due to the

amendments in the MVAT and GST Act in 2017.

Hereto Marked and Annexed as “EXHIBIT – I

COLLY” are the Copies of the said letters.

XIII. That, pursuant to the said demand letters the

Complainants vide letter dated 07.05.2018 informed

the respondent that he had made the commitment

to deliver the possession of the said flats within

three years that is ended on 27.10.2013 and yet till

2018, even after 8 years (in 2018) of the allotment

no such promise was delivered from their side and

as mentioned earlier nor was the registration for the

said flats done but they kept expecting and

demanding the next installments. Furthermore, at

the time of booking of the said flats in 2010 GST

laws were not in existence and would not have been

applicable to the Complainants if Respondent herein

had delivered the completion of the project as per

the commitments given, but, due to a significant

and long delay from their side and no other party

responsible, the Complainants have faced financial

losses and excruciating delay.

XIV. That, it is pertinent to mention, according to section

13 (1) of the Maharashtra Real Estate and regulatory

Authority Act, 2016, a promoter is not permitted to

demand for a sum of more than 10% in advance

unless the sale agreement is executed and duly

registered in the buyer’s name. The Complainants

have paid over 10% of the total consideration

 amount and hence, unless the execution of said

agreement and the registration of the said flats is

not completed by respondent herein, The

Respondent is legally not permitted to demand for

further installments.

XV. That, presently IT HAS BEEN 14 YEARS since the

issuance of allotment letters along with the

Complainants paying a sum Approx. 10% of the total

consideration for both the aforementioned flats in

said project and yet, till date they haven’t received

any update or confirmation for the registration of

the flats even after several reminders and

communications with the Respondent Developer.

XVI. That, the extended MAHA RERA Certificate has also

lapsed as of 29.06.2024 and no further update is

available on MahaRera website; Also No further

information has been received by complainants

regarding the progress / Development pf said flats

from Developers, except for Respondent’s illicit

demands for further installments without any due

registration.

XVII. That, the Complainants have rightfully lost their faith

in the Respondent Developer due to the 14 years of

 delay and demands for further payment against no

concrete result as such from the Respondent.

XVIII. And thus, left with no other choice, are seeking legal

remedy and sent a legal notice for the same to the

Respondent via Registered Postal Services dated

1/11/2024. Hereto marked and Annexed as

“EXHIBIT – J” is the Copy of the legal notice sent

by the Complainants along with Postal Tracking.

XIX. That, even after receipt of Legal notice by the

respondent Developer they neither replied not

shown any positive approach, which again prove his

ill intention.

5. Statement of Interest claim: -

 Interest Amount Payable by Sheth Developer as per sec.18 of RERA ACT
P
l
u
s Total
%
Sr. SBI - 2 Paya Interest Total
No Description Interest Calculation MLRC % ble Payable Payable
1 Principal Amount paid- on 21/07/2010 - - 3,000,000
10.15. 2 12.15
2 Interest - % % %
Promised date of Possession-
3 20.07.2013
A. Year 2013 (5
Per SBI - MLRC - JAN 2025 - 10.15% months) 151,875
Highest Rate Since Paid B. Year 2014 364,500
Marginal Cost Landing Rate C. Year 2015 364,500
Supporting Rate Chart of SBI Annexed D. Year 2016 364,500
D. Year 2017 364,500
E. Year 2018 364,500
F. Year 2019 364,500
G. Year 2020 364,500
H. Year 2021 364,500
I. Year 2022 364,500
J. Year 2023 364,500
K. Year 2024 364,500
3 Total Interest Claim up to Dec.2024 4,161,375
(Rupees Forty-one Lakh Sixty one
thousand three hundred and seventy
five only)

6. Reliefs sought:

In view of the facts mentioned in paragraphs above, the complainant

prays for the following reliefs on the given grounds, The Hon’ble tribunal

may kindly pass following order in interest of Justice:

A. To Register the both the Flat in the name of allotee

with immediate effect.

 B. That, kindly pass the Order to adjust the Interest

claim of Rs.41,61,375/- up to Dec.2024 as per

Clause 5 (statement of claim) plus further accrued

interest from Jan.2025 to realization of possession;

As per Section 18 of the Maha RERA Act, 2017, the

Complainants are legally entitled to claim interest at

the rate of SBI's highest Marginal Cost of Lending

Rate (MCLR) plus 2%, as prescribed under the

provisions of Section 18 of the Maha RERA Act and

the rules made thereunder. This interest applies

from the actual date of possession, i.e., 20.07.2013,

until the realization of possession of the said amount

by the Complainants from the Respondent

(Promoter).

C. And that, the Complainants be granted due

compensation for mental agony caused and the

legal expenses be paid for.

D. Any other order as Hon’ble tribunal may find

suitable in the interest of Justice.

6. Complainant not pending with any other court:

The complainant further declares 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).

7. List of enclosures:
i. Power of Attorney
ii. Letter of project name change
iii. Allotment letters
iv. Letter by the Complainant
v. Reply by the Respondent
vi. letter dated 12.06.2017
vii. Copies of the Receipts
viii. Letter dated 05.08.2017
ix. Bunch of Letters sent by the Respondent
x. Copy of Legal Notice sent by the Complainant

VERIFICATION
I, Undersigned Mr. Kailash Prasad sanghai, Male, aged ___ years,
Occupation – Business, having address at 22nd Floor, Vaibhav Building,
Warden Road, 80/A, Bhulabhai Desai Road, Near Amarsons Garden Breach
Candy, Cumballa Hill, Mumbai – 400026, do hereby solemnly affirm and say
that I am the Complainant above-named. I know the facts and circumstances
of this case. The statements hereinabove in the Application are true and
correct to the best of my knowledge and belief.

Solemnly affirmed at Mumbai )

On this___ day of January, 2025

Explained and Identified by me,

Applicant

Advocate for the Complainant Before me

ADV. VANDAN KUMAR

1411, 14TH FLOOR, MAGIC SQUARE
PODDAR ROAD, MALAD EAST,
MUMBAI 400097 MOBILE-9326366062,
Email- advsingh.legal@gmail.com

VERIFICATION
I, Undersigned Mr. Kunal K sanghai, Male, aged ___ years, Occupation –
Business, having address at 22nd Floor, Vaibhav Building, Warden Road, 80/A,
Bhulabhai Desai Road, Near Amarsons Garden Breach Candy, Cumballa Hill,
Mumbai – 400026, do hereby solemnly affirm and say that I am the
Complainant above-named. I know the facts and circumstances of this
case. The statements hereinabove in the Application are true and correct to the
best of my knowledge and belief.

Solemnly affirmed at Mumbai )

On this___ day of January, 2025

Explained and Identified by me,

Applicant

Advocate for the Complainant Before me

ADV. VANDAN KUMAR

1411, 14TH FLOOR, MAGIC SQUARE
PODDAR ROAD, MALAD EAST,
MUMBAI 400097 MOBILE-9326366062,
Email- advsingh.legal@gmail.com

II VAKALATNAMA II
IN THE HONORABLE MAHARERA TRIBUNAL, MUMBAI
RERA CASE NO. _______________________/ 2025

MR. KAILASH PRASAD SANGHAI ) …. APPLICANT

MRS. BINDO DEVI SANGHAI ) …. APPLICANT
22nd Floor, Vaibhav Building,
Warden Road, 80/A, Bhulabhai Desai Road,
Near Amarsons Garden Breach Candy,
Cumballa Hill, Mumbai – 400026.
Versus

SHETH DEVELOPERS PRIVATE LIMITED,

Mr. Ashwin Natwarlal sheth & Ors.
(Director)
Sheth House, Vasant Valley,
Near Dindoshi Bus Depot, Gen. A.K. Vaidya Marg,
Off. Western Express Highway, Malad East – 400097. )… RESPONDENT

I, Mr. Kailash Prasad sanghai and Mrs. Bindo Devi Sanghai, having
address at 22nd Floor, Vaibhav Building, Warden Road, 80/A, Bhulabhai Desai
Road, Near Amarsons Garden Breach Candy, Cumballa Hill, Mumbai –
400026, do hereby appoint and authorize SHRI VANDAN KUMAR,
B.B.A, M.B.A LL.B as ADVOCATE of the aforesaid case to act,
appear, appoint other legal counsel and plead for me in the above
matter with authority/Court, to compromise or to withdraw the
same from the court.

IN WITNESS WHEREOFF I have set and subscribed my hands to this writing.

Date: 20/01/2024
Place: Mumbai

ADVOCATE FOR THE APPLICANT

Applicant
ADV. VANDAN KUMAR
1001, 10TH FLOOR, DHUKKA CHAMBERS
PODDAR ROAD, MALAD EAST
MUMBAI 400097
MOBILE 9326366062,
advsingh.legal@gmail.com
https://advocatevandankumar.co.in
IN THE HONORABLE MAHARERA
TRIBUNAL, MUMBAI

RERA CASE NO. ___ OF 2025

MR. KAILASH PRASAD SANGHAI

MRS. BINDO DEVI SANGHAI
) …. APPLICANT.

Versus
SHETH DEVELOPERS PRIVATE LIMITED
and Ors. ) ... Accused
****************************************
RERA COM.

****************************************

Dated this __ day of , 2025

Advocates for Complainant

ADV. VANDAN KUMAR

1411, 14TH FLOOR, MAGIC SQUARE
PODDAR ROAD, MALAD EAST
MUMBAI 400097
MOBILE 9326366062, advsingh.legal@gmail.com