Complaint No. CC006000000197467


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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY, MUMBAI


Complaint No. CC006000000197467

1. Vikas Latey

2. Shubhangi Latey


.... Complainants

Versus

M/s. Spenta Enclave Pvt. Ltd


... Respondent


MahaRERA Project Registration No. P51800021249


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

Ld. Adv. J.V. Bhosale appeared for complainant.
None appeared for the respondent.

ORDER
(Thursday, 17th August, 2023)

(Through Video Conferencing)


1. The complainants above named have filed this online complaint before
the MahaRERA on 02-07-2021 mainly seeking directions to the
respondent - promoter to handover the possession along with interest
and compensation as prescribed under the provisions of the Real Estate
(Regulation & Development) Act, 2016 (hereinafter referred to as
‘RERA’) in respect of the booking of flat no. 703, “C” Wing, 7th Floor area
admeasuring 418 sq. ft carpet area in the respondent’s registered project
known as “Altavista - Phase 3” bearing MahaRERA registration No.
P51800021249 located at Chembur, Mumbai. (Hereinafter referred to as
the “said flat”).


Complaint No. CC006000000197467


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2. This complaint was heard on several occasions and same were heard
finally on 27-04-2023 as per the Standard 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 these
hearing and they were also informed to file their written submissions if
any. Accordingly, the complainant appeared for the hearing and made
his submissions. However, despite the fact that the notice of the said
hearing was duly served upon the respondent, it remained absent.
Hence, the MahaRERA heard the submissions of the complainants and
also perused the available record.

3. After hearing the arguments of the complainants, the following Roznama
was recorded -


“The complainant is present. The respondent is absent. Despite
directions in the previous hearing, the respondent has not filed any reply
or written arguments in the complaint. The complainant has argued the
matter in the previous two hearings and has also added the issue of
shortfall in area in the prayers of the complaint. Two weeks’ time i.e. till
11-05-2023 is granted to the respondent as a last chance to file its reply
and written arguments in the complaint. The complainant may also file
his written arguments by the said date. In case the respondent does not
file its reply or written arguments by the said date, the MahaRERA
would be constrained to decide this matter ex-parte against the
respondent. In view of the above, this matter is reserved for order
suitably after 11-05-2023 based on the arguments of the complainant
made in the previous two hearings as well as today and reply and
written arguments filed in the complaint.”


Complaint No. CC006000000197467


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4. Pursuant to the aforesaid directions, the respondent has uploaded the
notarised affidavit cum submission dated 20-07-2023 on record of
MahaRERA on 31-07-2023 along with the order dated 24-03-2023 passed
by the National Company Law Tribunal (NCLT). The said submission is
accepted and taken on record in compliance of principles of natural
justice. However, the complainants have not uploaded any reply to the
said submissions uploaded by the respondent. The MahaRERA has
perused the available record.

5. In the present case, these complainants have filed this complaint mainly
seeking possession of their flat along with interest and compensation for
the delayed possession under section 18 of the RERA. The complainants
have also raised an issue with respect to the shortfall in area of their flat.

6. This complaint was heard by the MahaRERA on several occasions and
the same was heard finally on 27-04-2023, when the complainants
appeared and argued their case. However, despite notice the respondent
remained absent. Hence, in compliance of principles of natural two
weeks’ time was granted to the respondent to file its reply on record of
MahaRERA. Accordingly, the respondent has uploaded its notarised
affidavit cum submission on record of MahaRERA.

7. By the said submissions , the respondent has brought to the notice of
MahaRERA that proceeding under Insolvency and Bankruptcy Code,
2016 bearing
Complaint No. C
.P(IB) No. 389/MB-IV/2022 has been filed
against it by M/s. Aurum Commercials LLP. In the said matter the


Complaint No. CC006000000197467


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National Company Law Tribunal (NCLT) was pleased to pass an order
on 24-03-2023.

8. On bare perusal of the said order dated 24-01-2023 passed by the NCLT,
in favour of the Financial Creditor therein against the respondent , the
NCLT has thereby admitted the said respondent herein into Corporate
Insolvency Resolution Process (CIRP) in accordance with the provisions
of the Insolvency and Bankruptcy Code, 2016. Thereafter, vide a
subsequent order 19-06-2023 passed by the NCLT under section 7, 22(3)
(b) of the Insolvency and Bankruptcy Code, 2016, Resolution Professional
(RP) has also been appointed.

9. In view thereof, as per para I (a) of the said order and as per section 14 of
the Code, mandating a moratorium on the institution and continuation
of legal proceedings against the Corporate Debtor in respect of which an
order of admission into CIRP has been passed by the Adjudicating
Authority; it applies to the respondent herein. 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.

10. In the present case, the MahaRERA has noticed that the respondent has
not uploaded the said order dated 24-03-2023 passed by the NCLT being
pending litigation on MahaRERA website in respect of this project, which
is mandatorily required to be disclosed by the respondent under section
4 of the RERA.


Complaint No. CC006000000197467


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11. In view of the above, the MahaRERA cannot proceed to decide this
complaint filed against the respondent at this stage and hence, the
present complaint is adjourned sine die.

12. However, liberty is granted to the complainants to approach
MahaRERA after final disposal of the said insolvency proceeding
pending against the respondent if need be. The respondent is
directed to disclose the said pending litigation of NCLT on the
MahaRERA website in this project registration number.


(Mahesh Pathak)
Member – 1/MahaRERA