In a recent order that carries major implications for housing societies and homebuyers, the Maharashtra Real Estate Regulatory Authority (MahaRERA) dismissed a complaint filed by 20 homebuyers against a Pune developer for being “not maintainable.”
The Authority held that when complaints involve individual grievances, such as parking, leakages, or refund issues, they cannot be bundled together as a group complaint. Each buyer must file a separate, individual case for their specific relief.
Case Background: Homebuyers vs Suraj Homes Developer
The case (Complaint No. CC005000000064549) was filed by 20 homebuyers of “Suraj Homes” in Khed, Pune, against the project promoters Sujit Atmaram Kale and Nilesh Sadashiv Sandbhor.
Buyers alleged several violations — including deviations from the sanctioned plan, lack of completion certificate, absence of sewage and solar water systems, poor road access, and unauthorised alterations to open spaces and amenity areas.
They also accused the builder of collecting ₹50,000 towards parking and ₹10,000 per flat for solar systems that were either insufficient or missing, and demanded refund of those amounts.
Buyers’ Key Grievances
The complainants alleged that:
- The construction did not match the PMRDA-approved plans.
- Internal roads and side margins were narrower than sanctioned widths.
- Sewage and drinking water connections were incomplete.
- Amenity spaces such as swimming pool, play area, and garden were allegedly built illegally in open space.
- Several flats suffered from leakages and structural issues.
- The completion certificate was allegedly obtained “in a disoriented manner.”
They also accused the developer of failing to transfer ownership records to the Gram Panchayat and claimed the entrance gate and compound wall were constructed in violation of the approved layout.
Developer’s Defense: Project Completed and Handed Over
The developer denied all allegations, stating that the project was completed as per the sanctioned plan, and a completion certificate was issued by PMRDA in January 2020.
He argued that the housing society had already been formed and conveyance executed, and therefore, it was the society’s responsibility to address any post-handover maintenance or amenity issues.
The developer also claimed that the buyers were trying to harass and blackmail the promoter by filing a “frivolous” collective complaint for personal monetary benefit.
MahaRERA’s Observation: Misjoinder of Causes and Parties
After reviewing the submissions and evidence, MahaRERA Member II, Ravindra Deshpande, ruled that the case combined too many individual disputes under one complaint — such as refund demands, parking allotments, leakages, and flat-specific issues — making it not maintainable as a group complaint.
Citing Order No. 11 of 2019, the Authority clarified that:
- Group complaints can only be filed for common reliefs like project delays or common amenities (under Sections 7 and 8 of RERA).
- Individual grievances — such as maintenance, leakage, or refund — must be filed separately by each allottee.
As such, the complaint was dismissed on grounds of “misjoinder of causes of action and parties.”
Relief for Homebuyers: Option to File Individual Cases
While dismissing the group complaint, MahaRERA granted buyers the liberty to file individual complaints for their respective issues.
It also stated that such refiled complaints would retain the original seniority (i.e., earlier filing date) — ensuring that buyers don’t lose time in the regulatory queue.
Both sides were directed to bear their own costs.
What This Means for Homebuyers
This order serves as an important procedural lesson for homebuyers:
When issues vary from one flat to another — such as parking refunds, leakages, or individual amenities — they must not be filed as a single group complaint.
Instead, buyers should file separate RERA cases, or form a society and file for common grievances like project delays, open space violations, or incomplete amenities.
Failing to do so can lead to dismissal of the entire complaint, even if the grievances are genuine.
Key Takeaways
- Group complaints only valid for common issues under RERA.
- Individual issues must be filed separately.
- Society formation or conveyance doesn’t erase the builder’s accountability, but procedure matters.
- MahaRERA retains jurisdiction even if PMRDA or local bodies are involved — but filings must follow the correct format.
