Complaint No. CC006000000209761


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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY, MUMBAI


Complaint No. CC006000000209761

Vinod Maruti Kakade


... Complainant

Versus

Rajeev Jain
( Nirmal Lifestyle (Kalyan) Private Limited)


... Respondent


MahaRERA Project Registration No. P51700003212


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

The complainant appeared in person.
Mr. Narendra Arora appeared for respondent.


INTERIM ORDER


(Friday, 29th December 2023)

(Through Video Conferencing)


1. The complainant above named has filed this online complaint before the
MahaRERA on 21-01-2022, mainly seeking reliefs from MahaRERA against
the respondent - promoter to pay interest for delayed possession along with
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 the flat no 106 in victory A in the respondent’s
registered project known as “Lifestyle City Kalyan - Victory A” bearing
MahaRERA registration No. P51700003212 located at Vadavali Kh., Taluka-
Kalyan, Dist. Thane.

2. This complaint was heard on 05-05-2022 and the same was heard finally on 29-
08-2023 as per the Standard Operating Procedure dated 12-06-2020 issued by
MahaRERA for hearing of complaints through Video Conferencing. Both the


Complaint No. CC006000000209761


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parties have been issued prior intimation of this hearing and they were also
informed to file their written submissions if any. Accordingly, both the parties
appeared and made their respective submissions. The MahaRERA heard the
arguments of both the parties and also perused the available records.

3. After hearing the arguments of both the parties, the following Roznama was
recorded in these complaints -
“Both the parties are present. This complaint is in fact a non - execution
complaint against the order passed by the MahaRERA dated 27-10-2021
whereby the respondent was directed to pay an amount of Rs. 2,21,681/- as
interest for the delay to the complainant as per the settlement dated 14-05-

2021. However, the respondent has pointed out that the company which has
developed the said project i.e. Nirmal Lifestyle Kalyan Private Limited, in
regard to the said company NCLT proceedings are initiated and the CIRP is
appointed. Accordingly, the complainant has approached CIRP for the above
claim as per the said complaint and the said claim has been rejected. Both the
parties are directed to upload the necessary documents regarding the
averments made in the hearing today within a period of one week i.e. by 05-
09-2023. Accordingly, this matter is reserved for orders suitably after 05-09-
2023 based on the arguments of both the sides in the hearing today as well as
reply, rejoinder and written arguments filed in the complaint.”

4. Pursuant to the aforesaid direction issued by the MahaRERA, the respondent
has uploaded a copy of the order passed by the NCLT on record of MahaRERA
on 30-08-2023. The complainant has also uploaded a claim form submitted
before the NCLT and the rejection email received by him on record of
MahaRERA on 31-08-2023. The same are accepted and taken on record.

5. It is the case of the complainant that, the complainant purchased the said flat
in the respondent’s said registered project vide a registered agreement for


Complaint No. CC006000000209761


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sale dated 06-10-2010. The complainant till date paid an amount of Rs.
11,15442/- to the respondent. The possession date as per the said agreement
was December 2012, however the respondent did not hand over the possession
of the said flat to the complainant till 2019. Therefore, being aggrieved by the
actions of the respondent, the complainant filed a complaint bearing no.
CC006000000171558 in December 2019. The said complaint was heard in
March 2020, and the MahaRERA was pleased to pass an order dated 02-11-
2021, wherein the respondent confirmed that the matter was amicably settled.
Both the parties had signed the settlement letter in May 2020. The complainant
further submitted that, as per the said settlement letter, the respondent was to
pay compensation for delayed possession on possession. However, the
complainant has still not received the compensation of Rs. 2,21,681/- out of Rs.
4,56,000/- from the respondent, even after taking possession. Hence, he has
filed this complaint.

6. The respondent has not uploaded/filed any reply in this complaint, however
during the hearing, the respondent argued that the respondent’s company viz.
M/s. Nirmal Lifestyle (Kalyan) Private Limited is developing this project.
However, NCLT proceedings were initiated against the respondent’s
company and the CIRP is appointed. In this regard, the respondent has also
uploaded the order passed by NCLT in IA -396/2023 in C.P.(IB)
/1337(MB))/2020 on the record of the MahaRERA on 30-08-2023.

7. However, the complainant has mainly contended that he has submitted his
claim before the IRP and the same is rejected on 11-06-2023. Hence, he prayed
for order in this complaint.

8. Be that as it may, in the present case on bare perusal of the submissions made
by the respondent herein on record of MahaRERA, it appears that the NCLT


Complaint No. CC006000000209761


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proceedings have started against the respondent/promoter and CIRP has been
appointed. Hence, the complaint cannot be heard by the MahaRERA.

9. Further, from the available record, the MahaRERA has noticed that on 16-06-
2022, the Hon’ble National Company Law Tribunal Mumbai has passed an
order in CP (IB) No. 1337/MB/2020 filed by Srei Equipment Finance Limited,
i.e., the Financial Creditor therein against the respondent no. 1 herein, thereby
admitting the respondent herein into Corporate Insolvency Resolution
Process (CIRP) in accordance with the provisions of the Insolvency and
Bankruptcy Code, 2016. Thereafter, vide an order dated 04-01-2023 passed
by the Hon’ble National Company Law Appellate Tribunal, New Delhi
(NCLAT) in Company Appeal No. (AT) (Insolvency) No. 697 of 2022, the
aforesaid order dated 16-06-2022 passed by the NCLT has been upheld.

10. 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.

11. 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.

12. 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
to file his claim before the CIRP if any.

13. However, liberty is granted to the complainant to approach MahaRERA after


Complaint No. CC006000000209761


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final disposal of the said insolvency proceeding pending against the
respondent if need be.


(Mahesh Pathak)
Member – 1/MahaRERA