Kishor Jadhav VS Jayantibhai Patel and Hiral Patel (of M/s. Vinayak Associates)

Decided On	19 Sep 2017
Appellant	Kishor Jadhav
Respondent	Jayantibhai Patel and Hiral Patel (of M/s. Vinayak Associates)
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Summary

Case Summary

The complainant alleges that he is the actual promoter of the project and the respondents are the co-promoter by a Joint Development Agreement. The respondent has suppressed this fact while registering the project with MahaRERA. Hence, the complainant also registered the same project with the respondents as co-promoter of the project.

The respondent argued by saying that they have a share of 87% in the project and the complainant has only 13% share in the project, which makes them the actual promoter of the project. However, the complainant denied any such fact and demanded the cancellation of registration done by the respondents.

Conclusion by MahaRERA

The Authority observes that the JOD, issued by SRA is in the name of both the complainant and the respondents. Therefore, they should have jointly registered the project as AOP. However, they both have registered the projects separately.

Dual certificate for the same project violates the rules of the RERA Act. Due to the internal dispute between the complainant and respondents, MahaRERA cannot decide the sole outcome and directs the complainant as well the respondents to jointly come to a conclusion and update the relevant information by 26/09/2017. They should also submit a compliance report by 29-09-2017.