Admissibility of a serious complaint regarding serious lapses and grave faults of Promoter

A mall, Magnet Neptune Mall in Mumbai, which had received OC in 2013 and became operational for entertainment, eateries, game-zones etc., but was fully shutdown in 2015. In 20016, it was proposed to change nature activity from mall to office units and retail shops on floors 0 to 3. Accordingly, MCGM issued a permission letter, based on drawings for additions and alterations, subject to various conditions, including filing a completion report. A large number of office units and retail shops were thus sold on ownership basis and Agreement for sale was registered in mid Sep-2017. Till date, requirements for the completion certificate have not been fulfilled. In Sep, 2017, which was the last month of completion schedule 0f 1 year + grace period on 6 months, a Possession Letter (sub: Final Possession) was given to all after paying all dues. However, the mandatory requirements stipulated in the Permission of MCGM, including Fire safety remains unfulfilled. A major breach has also been committed by the Promoter by asking the Individuals to pay Property Tax to MCGM, even before a valid Possession is given. Even worse, a lumpsum for 2 years toward Outgoings, defined to include both local taxes and maintenance expenses. The particular project on floors 0 to 3 , launched in 2016 obviously was not registered under RERA. However, the additions and alterations on the 4th floor has been launched as a separate project, but the land, the super structure, common services of water supply, fire protection systems and a whole lot of requirements are equally applicable for the project, still not complete, on the floors from 0 to 3. The Promoter, in his application for RERA has stated that all these would be provided and complied with at the time of OC / proposed completion date Dec. 2020. The Promoter has further turned hostile and no information / supporting documents are given by the Promoter in response to hundreds of letters, MoMs, meetings. We wish to know whether we can approach RERA without having a direct RERA Regn no., but by using the Regn. No. for the 4th floor project which is exactly a repeat of the project on the same parcel of land and the floors 0 to 3. The parking and other facilities on two basement Floors (LB, UB) are also shared immovable property. If not, please advise on most efficient option / recourse. Thank you (Promoter: Neptune Ventures and Developers Pvt. Ltd) CIN: U45202MH2009PTC189590 RERA Regn No: P[deleted] Name of RERA Registered Project: Project: Eastern Business District Neptunes The Pavilion, Plot Bearing / CTS / Survey / Final Plot No.: 3 72, 372/1 to 65 at Kurla, Kurla, Mumbai Suburban, 400078;