COMPLAINT NO. CC006000000196772

BEFORE THE MAHARASHTRA
REAL ESTATE REGULATORY AUTHORITY, MUMBAI
Virtual Hearing held through video conference as per
MahaRERA Circular No.: 27/2020

COMPLAINT NO. CC006000000196772

IMRAN HAEDR
…COMPLAINANT/S
VS

1. M/S K.K CONSTRUCTIONS

2. ANIS YAKUB KHAN

3. IMRAN YAKUB KHAN

4. IQBAL YAKUB KHAN
…RESPONDENT/S

MAHARERA PROJECT REGISTRATION NO. P51800005115

Order
On Transfer Application of Respondent
(11.11.2024)
(Date of Hearing: 10.10.2024)

Coram: Shri. Ravindra Deshpande, Member 2 MahaRERA

Ld. Adv. Anil Dsouza for Complainant/s
Ld. Adv. Kulsum Idrissi for Respondent/s

1. The Applicant/ original Respondent has filed an application to
transfer the present complaint to Hon’ble Chairperson Bench.

2. The Applicant/ original Respondent states that on 16/02/2021, they
had filed complaint number CC005000000195893 before Hon’ble
Chairperson MahaRERA authority against the Respondent/ Original
Complainant (hereinafter referred to as “said complaint”). This
complaint pertains to the termination of the Agreement for sale dated
28/12/2011 citing the Respondent/ Original Complainant’s default in
payment towards the consideration amount as per the schedule
outline in the AFS and as per demand letters. Additionally, the
Respondent/
Original
complainant
lodged
a

complaint
no.
CC006000000196772
against the Applicant / original Respondent on
22/04/2021 before this authority, seeking possession along with
interest and other specified reliefs in mentioned in the present

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COMPLAINT NO. CC006000000196772

complaint to take undue advantage of law. The Respondent/ Original
Complainant was aware about the complaint was pending before
Hon’ble
Chairperson
for the termination of AFS. Further, the
impugned order dated 16/09/2021 was issued against the Applicant
/ original Respondent in
Complaint no. CC005000000195893
. It was
dismissed on the basis of technicality, asserting that the Applicant / original
Respondent’s firm was an unregistered partnership firm. However, the firm
had been registered with the Registrar of firms on 03/05/2005, as evidenced
by the Partnership deed dated 17/01/2004. The Applicant / original
Respondent aggrieved by the impugned order dated 16/09/2021, filed a
review application before Hon’ble Chairperson on 13/01/2022. However,
despite its submission, the said application has not been listed before the
Hon’ble Chairperson till date. The Applicant / original Respondent
comes to know that as per the procedure of MahaRERA fresh
complaint has to be filed for filling of Review application. Therefore,
the Applicant / original Respondent filed another review application
against the impugned order dated 16/09/2021, under
complaint no.
CC006000000480260
.

3. The Applicant/ original Respondent also states that the significant
likelihood
that
different
benches
of
MahaRERA
may
pass
contradictory orders that may further defeat the purpose of both the
complaints and therefore, it is prayed that both the matters need to be
heard by the same bench. Since the original order was passed by the
Hon’ble Chairperson therefore, only the Hon’ble Chairperson has the
jurisdiction to entertain the Review Application. Therefore, this
counter complaint filed as an afterthought, must also be heard by the
same bench of Hon’ble Chairperson. Moreover, considering that the
review application is presently under consideration before Hon’ble
Chairperson. It is imperative to present both this complaint and the
review application before the Hon’ble Chairperson to ensure justice is
served and to mitigate the potential ramifications of disparate

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COMPLAINT NO. CC006000000196772

outcomes. Therefore, the Applicant / original Respondent pray that
present complaint be transferred before the Applicant / original
Respondent.

4. The Complainant has not filed any reply to this transfer application
and submitted only oral argument.

5. Heard advocates of both the parties on 10/10/2024 and the Advocate
of the Respondent submitted that present respondent had filed a complaint
against
the
complainant
herein
on
16/02/2021
for
termination
of
agreement. It is submitted that after 2 months of filing the said complaint by
the present respondent, the complainant herein filed present complaint
against the Respondent herein on 22/04/2021. It is submitted that Hon’ble
Chairperson passed an order on 16/09/2021 and dismissed the complaint
filed by the Respondent herein on the grounds that partnership deed is not
registered. Hence complaint is not maintainable. It is further submitted that
partnership deed is registered on 03/05/2021. It is submitted that in order
to bring above information to notice, the Respondent herein filed review
application on 13/01/2022 in that complaint only. It is submitted that
Respondent was not aware that to file a review application they need to file
a new complaint and accordingly they filed a new complaint on 26/04/2024
and same is pending before Hon’ble Chairperson. First hearing of Review
application was posted on 27/05/2024. The Respondent has filed the
present
application
to
transfer
the
present
complaint
to
Hon’ble
Chairperson bench to avoid any contradictory order. The Advocate of the
Complainant submitted that present complaint is filed in the year 2021. The
merits of review application filed by the Respondent before Hon’ble
Chairperson
are
different
because
Respondent
herein
had filed the
complaint for termination of AFS. It is submitted that the prayers of both
the complaints are different and therefore, it is not necessary to transfer this
complaint before Hon’ble Chairperson Bench. Transfer application may be
rejected.

6. The respondent has filed this application for transfer of present complaint
to
Hon’ble
Chairperson
bench.
According
to
the
respondent
on
16/02/2021,
the
Applicant/Respondent
had
filed
complaint number

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COMPLAINT NO. CC006000000196772

CC005000000195893 before Hon’ble Chairperson against the Complainant
for termination of the Agreement for sale dated 28/12/2011 citing the
Complainant’s default in payment towards the consideration amount as per
the schedule outline in the AFS and as per demand letters. Thereafter, on
22/04/2021, the Complainant filed present complaint before this authority
seeking possession along with interest for every month of delay till the
handing over of possession. It is contention of the respondent that Hon’ble
Chairperson dismissed complaint number CC005000000195893 by order
dated
16/09/2021
on
the
basis
of
technicality,
asserting
that
the
Applicant/Respondent’s
firm
was
an
unregistered
partnership
firm.
According to the Applicant/Respondent the firm had been registered with
the Registrar of firms on 03/05/2005, as evidenced by the partnership deed
dated 17/01/2004. Further, aggrieved by the impugned order dated
16/09/2021, the Applicant/Respondent filed a review application before
Hon’ble Chairperson on 13/01/2022 but it was not filed as per prescribed
procedure. Therefore, the Applicant/ Respondent filed another review
application against the impugned order dated 16/09/2021, under
complaint
no. CC006000000480260
before Hon’ble Chairperson.

7. It is seen that complainant from present complaint filed complaint on

22. 04.2021 before this Authority seeking possession alongwith the interest
for every month of delay till the handing over of possession. However, the
respondent from the present complaint had filed complaint before Hon’ble
Chairperson
against
the
complainant
from
present
complaint
for
termination of agreement for sale dated 28.12.2011. The complaint filed by
the present respondent before the Hon’ble Chairperson bearing
complaint
no. CC005000000195893
was dismissed by order of Hon’ble Chairperson
dated 16.09.2021.
According to the respondent the said complaint was
dismissed on the basis of technicality asserting respondent’s firm was
unregistered partnership and therefore, the applicant / present respondent
filed review application before Hon’ble Chairperson on 13.01.2022.
The
same was not filed as per prescribed procedure. Therefore, the respondent
filed
another
review
application
under
the

complaint
no.
CC006000000480260
before Hon’ble Chairperson.
The complaint filed by

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COMPLAINT NO. CC006000000196772

the applicant / respondent before Hon’ble Chairperson bearing no.
CC005000000195893 was dismissed by order of Hon’ble Chairperson dated

16. 09.2021 and aggrieved by the said order, the applicant / present
respondent
filed
review
application
under

complaint
no.
CC006000000480260
before Hon’ble Chairperson and it is just and necessary
that the said review application required to be decided by the Hon’ble
Chairperson.
Hence, in order to avoid contradictory orders as present
complaint and complaint pending before the Hon’ble Chairperson are inter
connected. Therefore, both these matters need to be heard by one and the
same bench.
Hence, it is just and desirable and necessary to transfer the
present complaint to the Hon’ble Chairperson bench.
Hence, the present
application filed by the respondent for transfer of the present complaint
deserves to be allowed. Hence, I pass following order:
O R D E R

1. The application is allowed as prayed for.

2. The registry is directed to transfer the present complaint to the
Hon'ble Chairperson Bench.
Ravindra Deshpande,
Member-II, MahaRERA
Date : 11.11.2024

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RAVINDRA
PADMAKARAO
DESHPANDE
Digitally signed by
RAVINDRA
PADMAKARAO
DESHPANDE
Date: 2024.11.11
15:29:48 +05'30'