In a case that highlights how promoters unilaterally alter flat numbers and sell the same unit twice, the Maharashtra Real Estate Regulatory Authority (MahaRERA) has directed the promoter to correct the documents and hand over the renumbered flat along with delay interest.
The complaint (CC004000000030465) was filed by the legal heirs of Laxman Mukundrao Gajbhiye — his wife Chandrakala Laxman Gajbhiye and sons Nagarjun Laxman Gajbhiye and Prasad Laxman Gajbhiye — along with co-complainant Rajendra Baburao Pachbhave.
Chronology of Events:
- On 8th September 2016, Laxman Gajbhiye entered into a registered Agreement for Sale with M/s Magniton Infra for Flat No. 701 in the project “The Address” (MahaRERA Reg. No. P50500012771) at Renghe Nagar, Nagpur, for ₹44 lakh. Possession was promised by 30th September 2017.
- The buyers paid ₹35 lakh through RTGS/NEFT and ₹10 lakh in cash.
- In February 2017, the promoter executed a Deed of Correction and created an additional flat on the 7th floor, renumbering the complainant’s flat as 702 without informing or obtaining consent from the buyer.
- The original Flat 701 was later sold to another person.
- Laxman Gajbhiye, who was battling vocal cancer, passed away on 14th June 2023.
- Despite issuing a possession letter dated 1st January 2020 for Flat 701, the promoter failed to deliver possession. The project still does not have an Occupation Certificate.
The complainants approached MahaRERA in February 2023 seeking interest for delayed possession, execution of sale deed, and completion of interior work.
MahaRERA Order Dated 23rd June 2026 (Coram: Shri Ravindra Deshpande, Member II)
The Authority passed the order ex-parte against the promoter M/s Magniton Infra and its partners Ravindra Balaji Govindwar and Anil Madhukar Asegaonkar, as they did not contest the case. It also held the landowners — Meena w/o Arvind Talmale and Rakhi w/o Rajiv Menghare — liable as promoters.
While noting the unilateral change of flat number, MahaRERA accepted the complainants’ willingness to take Flat 702 provided the documents are corrected. The Authority directed:
- The promoter shall execute and register a Correction Deed changing Flat No. 701 to 702 in favour of the complainants within 30 days.
- Upon receipt of Occupation Certificate and payment of any genuine balance amount, the promoter shall hand over possession of Flat No. 702 within 30 days.
- The promoter shall pay interest for delayed possession on the actual amount paid by the complainants from 1st October 2017 till the date of handing over possession along with OC, at the rate of SBI Highest MCLR + 2% p.a.
- The promoter shall pay ₹20,000 towards the cost of the complaint.
The order allows set-off of any remaining flat payment against the interest payable.
This order effectively requires the homebuyers to accept the renumbered Flat 702 after legal correction while granting them monetary relief for the long delay.
Also Read: MahaRERA Orders Refund Paid for Seven Flats in Godrej RKS Project
