In a major boost for ready-to-move flat buyers in Kharghar, the Maharashtra Real Estate Regulatory Authority (MahaRERA) has directed Bhagwati Developers to complete all promised amenities at Bhagwati Greens 2 (MahaRERA Reg. No. P52000006596) within six months and allot permanent covered parking spaces within just one month.
The final order, pronounced today by Member Mahesh Pathak in Complaint No. CC12501541, comes as a partial victory for over 28 homebuyers (supported by resolutions from all three housing societies of Wings A, B, and C) who have been living in the project since early 2025 but struggling with incomplete facilities.
Chronological Sequence of Events: How the Dispute Unfolded
- 2015–2019: Bhagwati Developers won the CIDCO tender for Plot No. 5, Sector-23, Kharghar (behind Iskon Temple). Commencement Certificate issued in April 2017; amended in May 2019 for three towers (A, B & C) with 200+ residential and commercial units. Brochures promised premium amenities including swimming pool, gym, children’s play area, badminton & basketball courts, indoor games, squash court, jogging track, yoga/meditation zone, landscaped garden, party lawn, and more.
- 2023: Part Occupation Certificate (OC) granted on 19 October 2023 for initial wings.
- January 2025: Full OC issued on 9 January 2025. Most buyers took possession; three cooperative housing societies (Wings A, B & C) were formed in February–April 2025.
- 13 January 2025: An earlier complaint filed by the Bhagwati Greens Phase 2 Allottees AOP (CC00600000034422) was dismissed by MahaRERA. That case was based on pre-OC apprehensions about layout changes. The order is currently under appeal before the MahaRERA Appellate Tribunal.
- 21 April 2025: CIDCO issued a specific order directing the developer to correct parking layout and earmarking issues.
- 9 May 2025: Present complaint (CC12501541) filed by Kshitiz Kulshrestha & others, seeking completion of amenities, permanent parking allotment, compliance with CIDCO’s parking order, and restraint on further bookings/changes.
- 14 October 2025 & 9 December 2025: MahaRERA hearings (hybrid mode). Societies passed resolutions supporting the complainants. Developer filed replies claiming compliance with CIDCO order, ad-hoc parking, and planned further expansion (additional Wing D and floors using extra FSI).
- December 2025: Written submissions exchanged. Developer applied for RERA registration extension till June 2030 on 17 January 2026 (still under consideration).
- 27 March 2026: Final order pronounced after reserving the matter.
Core Issues Raised in the Complaint
Buyers alleged that even after full OC and possession:
- Multiple promised amenities (swimming pool, landscaped garden, children’s play area, badminton court, gym, indoor game zone, basketball court, outdoor lounges, yoga area, squash court, jogging track, etc.) remained incomplete or non-operational.
- Parking was only temporary/ad-hoc; permanent covered spaces were never fairly allotted despite assurances in Agreements for Sale.
- Developer was pushing revised approvals for additional FSI and higher floors (up to G+32) even after OC, allegedly violating RERA Section 14(2) consent norms.
- Exclusive resident areas were allegedly opened to outsiders.
The developer countered that an earlier similar complaint was dismissed, the current one lacked proper authorisation (later cured by society resolutions), parking would be permanent only after full project completion (including proposed extra construction), and they had complied with CIDCO’s April 2025 order. They also claimed allottee consent for extra FSI and argued societies had not officially complained.
What MahaRERA Ruled Today
MahaRERA partly allowed the complaint and made these key observations and directions:
- The present complaint is not barred by res judicata — it is based on a fresh cause of action arising after full OC was granted.
- Complaint is maintainable as all three societies have passed supporting resolutions.
- Once OC is issued and possession handed over, the promoter has a statutory duty under RERA to complete and operationalise all promised common amenities within a reasonable time. The developer cannot indefinitely delay them citing proposed future construction.
- Amenities deadline: Complete and make operational all promised amenities (swimming pool, landscaped garden, play area, sports & recreational facilities, etc.) within 6 months (by 27 September 2026). Developer must submit a detailed timeline and status report to complainants/societies within 30 days.
- Parking deadline: Allot, demarcate, and hand over permanent parking spaces to all eligible allottees in a fair, transparent, and non-discriminatory manner within 1 month (by 27 April 2026), strictly as per sanctioned plans.
- No blanket restraint on further bookings or new allotments.
- Issues of additional FSI, proposed extra floors/Wing D, and society validity fall under CIDCO or the Cooperative Societies Registrar — not fully within MahaRERA’s scope here.
- The long extension sought by the developer (till June 2030) appears unreasonable given existing buyers’ wait for basic facilities.
The complaint stands disposed of with these directions.
What This Means for Homebuyers
This order sends a strong message: Post-OC delays in amenities and parking will not be tolerated. For buyers in Bhagwati Greens 2 and similar ready-to-move projects across Navi Mumbai, it reinforces that developers cannot keep promising “world-class amenities” in brochures and Agreements for Sale, then defer delivery indefinitely.
Flat owners now have clear, enforceable deadlines. Non-compliance can lead to further execution proceedings, penalties, or interest payments under RERA.
Also Read: MahaRERA Orders Refunds and Reliefs to Homebuyers as Developer Delays OC and Possession
