The Maharashtra Real Estate Regulatory Authority
("RERA Authority") in the case of Kunal
Parmar Vs. Amex Residency vide its final order dated 9th August,
2018 has upheld the ruling held in the case of Milan Narendra
Patkar Vs. Ruparel Estates India Pvt. Ltd (disposed of on 22nd
March, 2018) wherein the issue of maintainability of a complaint
under Section 18 of the Real Estate (Regulation and Development)
Act, 2016 ("Act") by tenants for
non-receipt of rent from the developer was decided and it was
inter-alia held that such tenants are
"Promoters" under section 2(zk) of the Act.
Facts:
Kunal Parmar ("Complainant") being
one of the tenants of Rambhia House surrendered his tenanted
premises held in the building like other tenants for redevelopment
of new building in place of the old one. The Complainant contended
that one Amex Residency ("Promoter") had
agreed to provide the Complainant (i) permanent alternate
accommodation in lieu of his surrendered tenanted
