Complaint No. CC006000000001292


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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY, MUMBAI


Complaint No. CC006000000001292

Moushumi Rohan Gala


... Complainant

Versus

Mahindra Happinest Developers Ltd
(As per complaint)
M/s. HDIL
(As per project registration


... Respondent

MahaRERA Project Registration No. P51800010758


Coram: Shri. Mahesh Pathak, Hon’ble Member – I/ MahaRERA

None appeared for the complainant.
Ld. Adv. Ram Dayal appeared for the respondent.


INTERIM ORDER


(Thursday, 26th September 2024)

(Through Video Conferencing)


1. The complainant above named has filed this online complaint before the
MahaRERA on 07-04-2024, mainly seeking reliefs from MahaRERA against
the respondent - promoter to refund the entire consideration amount paid by
her as prescribed under the provisions of Section 18 of the Real Estate
(Regulation & Development) Act, 2016 (hereinafter referred to as ‘RERA’) in
respect of the booking of the flat no. HK 04-02-02, on 2nd floor, in Tower 4 in
the respondent’s registered project known as “Galaxy Apartments CDF
Wings” bearing MahaRERA registration No. P51800010758 located at Kurla
East, Mumbai.

2. This complaint was heard by the MahaRERA on 06-05-2024 as per the Standard


Complaint No. CC006000000001292


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Operating Procedure dated 12-06-2020 issued by MahaRERA for hearing of
complaints through Video Conferencing. Both the parties have been issued
prior intimation of this hearing and they were also informed to file their
written submissions if any. Accordingly, the respondent appeared and made
its submissions. However, despite the notice of hearing, the complainant
remained absent. The MahaRERA heard the arguments of the respondent and
also perused the available records.

3. After hearing the arguments of the respondent, the following Roznama was
recorded in this complaint –
“The complainant is absent. The respondent is present. However, the
respondent has pointed out that the matter is before the NCLT and it states
that the matter may be adjourned till the CIRP proceedings are over. In view
of the above, as the moratorium is enforced according to the orders of the
NCLT, the matter should be adjourned sine die and be listed for hearing only
after the insolvency proceedings are finally concluded. Accordingly, the matter
is reserved for orders. Meanwhile, the respondent may facilitate the
complainant to file her claim, if any, before the IRP.”

4. It is the case of the complainant that she booked an apartment in the
respondent’s project by paying Rs. 150000 as the booking amount. Thereafter,
she started receiving letters for paying booking amount and proceed with
registration within 30 days. She could not travel for registration due to the
Covid-19 restrictions. The Sales team had promised that there is no hurry in
registration but turned hostile after paying the booking amount. Since she did
not have anyone in India to go for registration with PoA, she had to cancel the
booking. The promoter cancelled the allotment but did not refund the booking
amount. Hence, the complainant prayed to refund the booking amount which
was paid by her.


Complaint No. CC006000000001292


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5. The respondent has uploaded an application under section 7 read with
sections 13 & 14 of the Insolvency & Bankruptcy Code, 2016 stating that the
erstwhile management of HDIL has since been suspended by the NCLT,
Mumbai in Company Petition no. 27 of 2019 along with entire Board of
Directors and a Resolution Professional Mr. Abhay Narayan Manudhane has
been appointed to manage and deal with day to day affairs of the company
under
the
said
Act.
Further,
a
Company
Petition
no.
CP(IB)-
27/I&BP/MB/2019 was filed by the Bank of India, Mumbai before the
National Company Law Tribunal (NCLT) Special Bench, Mumbai for
declaring the HDIL insolvent which was admitted and a Moratorium order
dated August 20,2019 was passed, Pursuant to the said order, a Committee of
Creditors (CoC) was also constituted and the CIRP (Corporation Insolvency
Resolution Process) is still on and the RP has already submitted his resolution
plans for various project verticals before the NCLT, Mumbai. Further, it is
therefore prayed that in the interest of justice to either dispose of or keep the
present complaint adjourned sine die (of the complainant/ the flat buyer) as
has been done by the Hon’ble Chairperson, MahaRERA, Secretary and
Members, Hon’ble Appellate Tribunal etc in terms of the said order.

6. The MahaRERA has examined the submissions made by both the parties and
also perused the available record. In the present case, the complainant
claiming to be an allottee by filing this complaint under section 31 of the RERA,
has approached the MahaRERA mainly seeking refund of the entire money
paid by her along with interest and compensation under the provisions of the
RERA.

7. This complaint was heard by the MahaRERA on 06-05-02024, when the


Complaint No. CC006000000001292


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respondent appeared and made its submissions. However, despite notice the
complaint remained absent.

8. During the course of hearing, the respondent has informed the MahaRERA
that the erstwhile management of the respondent viz. Housing Development
And Infrastructure Ltd. is developing this project. However, NCLT
proceedings were initiated against the said company and the CIRP was
appointed. Hence, it has prayed to adjourn this complaint sine die or to dispose
of the same in view of the said NCLT proceedings.

9. However, on bare perusal of the available record, the MahaRERA has noticed
that the complainant herein has filed this complaint in the said project
registration no. P51800010758, which has been registered by M/s. HDIL vide
an application dated 3-08-2017.

10. The record also shows that there are various orders passed by the Ld.
Erstwhile Member-1/MahaRERA in the complaints filed in respect of this
project whereby the said complaints are disposed of in view of the said
pending NCLT proceedings against the promoter which has registered this
project.

11. The respondent herein claiming to be the part of the said company viz. HDIL
has also relied upon the said NCLT order dated 20-08-2019 passed by NCLT
in CP (IB) No. 27/I& BP / MB/2019 vide which the said orders have been
passed earlier.

12. The complainant has not filed any written submissions on record of
MahaRERA refuting the said fact brought to the notice of MahaRERA by the


Complaint No. CC006000000001292


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respondent vide an application dated 4-07-2024 submitted on record of
MahaRERA about the said NCLT proceedings. Moreso, admittedly, the
complainant has filed this complaint in the said project registered by the said
M/s. HDIL. Hence, as the said company is under the CIRP process as per the
order dated 20-08-2019 passed in the Company Petition No. CP (IB) No. 27/I&
BP / MB/2019, the MahaRERA is of the view that the MahaRERA cannot
proceed to decide this complaint in this project registered by the said M/s.
HDIL.

13. Further, from the available record, the MahaRERA has noticed that on 20-08-
2019, the Hon’ble National Company Law Tribunal Mumbai has passed an
order in CP (IB) No. 3126/MB/2019 filed by Bank of India, i.e. the Financial
Creditor therein against the respondent herein, thereby admitting the
respondent herein into Corporate Insolvency Resolution Process (CIRP) in
accordance with the provisions of the Insolvency and Bankruptcy Code, 2016.

14. In view thereof, Section 14 of the Code, mandating a moratorium on the
institution and continuation of legal proceedings against a Corporate Debtor
in respect of which an order of admission into CIRP has been passed by the
Adjudicating Authority, applies to the respondent herein.

15. Hence institution of suits or continuation of pending suits or proceedings
against the respondent including execution of any

JUDGMENT

, decree, or order
in any court of law, tribunal, arbitration panel or other authority is prohibited.

16. In view of the above, the MahaRERA cannot proceed to decide this complaint
against the respondent at this stage and hence, the present complaint is
adjourned sine die. However, the respondent may facilitate the complainant


Complaint No. CC006000000001292


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to file her claim before the CIRP if any.

17. However, liberty is granted to the complainant to approach MahaRERA after
final disposal of the said insolvency proceeding pending against the
respondent, if need be.


(Mahesh Pathak)
Member – 1/MahaRERA