Prajesh Chandra Mohan, Micky Prajesh Mohan, and Naina Chandra Mohan had booked two luxury flats (B-3903 and B-4203) in Tower B of the project originally launched as Orchid Heights, later renamed One Mahalaxmi Phase 2. The project is now known as Godrej Avenue Eleven – Tower B (MahaRERA Registration No. P51900006299).

In 2010, the family paid around ₹2.11 crore each (nearly 30% of the ₹7.22 crore per flat) to the original developer, Neelkamal Realtors Tower Private Limited. They received only a stamped “Request for Allotment” (RFA) document, which described the payment as an “Interest Free Deposit” and clearly stated that the document did not constitute an Agreement for Sale.

The project faced a major crisis when directors of Neelkamal Realtors were arrested in the infamous 2G spectrum scam, leading to stalled construction. In 2011, the developer assured the buyers via email that the arrests had not impacted the project. Communication eventually became irregular.

Timeline of Promoter Changes:

• Neelkamal Realtors remained the original promoter.
• Indo Global Soft Solutions and Technologies Pvt. Ltd. was inducted as co-promoter around 2018.
• Godrej Residency Private Limited later took over the project as the present promoter and rebranded it.

The promised date of completion has been extended multiple times. The current extended date stands at 31 December 2028, and the project is yet to receive an Occupancy Certificate.

In April 2021, the family filed complaints before MahaRERA. They initially sought a full refund with 18% interest. Later, they amended their pleas to demand execution of Agreement for Sale, interest for delayed possession from 2013, ₹20 lakh compensation, and an injunction.

Godrej’s Key Objections

Godrej Residency Pvt. Ltd. strongly contested the complaints and submitted the following:

• The complainants are not “allottees” under RERA Section 2(d) as no formal allotment letters or registered Agreements for Sale were ever executed.
• They lack locus standi to file the complaints.
• The old RFA was merely an offer, not a binding contract, and carried no possession date.
• Payments were accepted as “Interest Free Deposit”, which was legally permissible under MOFA at that time.
• Godrej offered to refund the principal amount paid to the original promoter without interest.
• The complaints were premature since the revised possession date is December 2028.
• The complainants had allegedly accepted the revised layout plans and the change in promoter.
• The amendment of the complaint (from refund to possession + interest) was impermissible as it changed the nature of the case.

MahaRERA’s Ruling (2nd June 2026)

MahaRERA Member Shri. Ravindra Deshpande, after hearing both sides, passed the following order:

• The complainants qualify as “allottees” under RERA due to substantial payments, continuous correspondence, and identification of specific flats over 15+ years.
• Godrej Residency Pvt. Ltd. has stepped into the shoes of the previous promoters and is liable for past obligations. All three respondents (Neelkamal, Indo Global, and Godrej) are jointly and severally liable.
• The termination letter issued by Godrej was declared invalid.
• Godrej must execute and register formal Agreements for Sale for both flats within 60 days.
• The buyers are entitled to delay interest at the prescribed RERA rate (from 1st January 2023 till possession with Occupancy Certificate) on the amounts paid (excluding taxes and statutory charges).
• Claims for ₹20 lakh compensation, full refund, project revocation, and injunction were rejected.
• Each complainant was awarded ₹20,000 as litigation costs.

This order reflects MahaRERA’s approach of balancing homebuyer protection with the continuation of the project under the new promoter.

Also Read: Even Without Agreement for Sale, MahaRERA Can Order Refund to Prevent Injustice

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