Mumbai | July 10, 2025 — In a significant victory for homebuyers, the Maharashtra Real Estate Regulatory Authority (MahaRERA) has ordered M/s Dotom Real Estate to refund ₹24,97,933 to complainant Dr. Rohit Kumar Vijay Shankar Pandey within 30 days, failing which interest will accrue at 2% above SBI’s highest MCLR.
The complaint, filed in Complaint No. CC006000000292609, was represented by Adv. Sulaiman Bhimani and Adv. Sharon Fernandes of The Law Suits, acting on behalf of Dr. Rohit Pandey and his father Mr. Vijay Shankar Pandey.
The Background: A Classic Case of Misrepresentation
In March 2022, the Pandeys booked a 2BHK (XL) flat (Flat No. 1604, Coral – Wing S) in the “Dotom Isle-Shakti” project after being promised possession by June 2023 and shown RERA registration number P51800013105, corresponding to a different project with an earlier completion date.
However, upon receiving the draft agreement, the complainants discovered that:
- The RERA number was changed to P51800031765, linked to “Coral – Wing S”.
- The possession date had unilaterally been moved to December 2024.
- The flat, which was earlier quoted with parking charges of ₹7.35 lakhs, now mentioned “free parking” in the draft agreement.
These discrepancies, among others, led to cancellation of the booking on July 12, 2022. Despite this, the builder attempted to levy a 5% deduction on the ₹29.92 lakhs paid, citing a booking form the complainants alleged was never signed or shared at the time of booking.
Key Legal Arguments and Authority’s Observations
Advocates Bhimani and Fernandes argued that the complainants were misled by incorrect registration details, conflicting possession timelines, and unauthorized deductions.
Although MahaRERA did not find sufficient proof to allow a refund under Section 12 (false advertisement) due to lack of concrete advertising material produced on record, it acknowledged that the misrepresentation of project registration numbers in the official receipts materially misled the complainants and created an “entirely different mindset” regarding possession timelines.
In view of this, MahaRERA exercised its inherent powers under Regulation 39 to grant equitable relief, recognizing the overarching intent of the RERA Act — to protect homebuyers from promoter misconduct.
The Final Order (Dated 09.07.2025)
- The Authority directed Dotom Real Estate to refund ₹24,97,933 to the complainants (i.e., ₹27,78,600 minus 2% of flat cost as per MahaRERA’s circular dated 01.07.2022).
- Refund must be made within 30 days, post which interest will accrue at 2% above SBI’s MCLR until payment is made.
- No additional compensation or costs were awarded, and the complaint was partly allowed.
Advocate’s Comment
Adv. Sulaiman Bhimani, founder of The Law Suits, stated:
“This is a landmark recognition by MahaRERA that even seemingly minor misrepresentations — like incorrect RERA numbers on receipts — can have grave consequences for a homebuyer’s decision-making. The refund ordered reflects the true spirit of the RERA Act: to ensure accountability and consumer protection.”
Adv. Sharon Fernandes, who led the hearing arguments, added:
“We are pleased with the outcome and proud to have stood by our client through this fight. The refund was long overdue, and this order restores both financial and moral justice for our client.”
For legal assistance on RERA matters, contact:
The Law Suits
413, Golden Chambers, Opp. Tanishq Showroom,
Near Lower Oshiwara Metro Station, Andheri (W), Mumbai 400053
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