Complaint No. CC006000000303047


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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY,
MUMBAI

1. Complaint No. CC006000000303047

Pranab Yadav


... Complainant

Versus

Vijay Group Housing Private Limited


... Respondent

MahaRERA Project Registration No. P52000000959


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

Ld. Adv. Jayshree Gilra appeared for the complainant.
None appeared for the respondent.


INTERIM ORDER


(Friday, 22nd November 2024)

(Through Video Conferencing)


1. The complainant above named has filed this complaint before the MahaRERA on
14-10-2022 seeking directions from MahaRERA to the respondent, to refund the
entire amount 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 bearing No. Flat no.006, Building no.02,Block no. NE-24, in the
respondent’s registered project known as “Vijay Estate Vakas Phase - 1” bearing
MahaRERA registration No. P52000000959 located at Karjat, Dist. Raigarh.

2. These complaints were heard by the MahaRERA finally on 03-09-2024 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 this hearing and they were also informed to file their written
submissions if any. Accordingly, the complainant appeared and made his


Complaint No. CC006000000303047


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submissions. However, despite the notice of hearing, the respondent remained
absent.

3. After hearing the arguments of the complainant, the following Roznama was
recorded in this complaint on 03-09-2024 –

“The complainant is present. The respondent is absent. Despite
directions, the respondent has not filed any reply to this complaint. The
complainant has prayed for refund along with interest and compensation for
delay as well as refund of the GST, taxes and stamp duty as well. The reason
for the said prayers is that the date of possession mentioned in the agreement
for sale of December, 2015 was June 2018. However, the project is still
incomplete and therefore, the complainant prays for refund. The respondent is
given one last chance to file a reply to the complaint within a period of one
week i.e. by 10-09-2024. The complainant may file rejoinder to the reply of the
respondent within a further period of one week i.e. by 17-09-2024 even if the
respondent does not file any reply or written arguments. Accordingly, this
matter is reserved for orders suitably after 17-09-2024 based on the arguments
of the complainant as well as the reply, rejoinder and written arguments filed
in the complaint. In case, the respondent does not file any reply or written
arguments, the MahaRERA will be constrained to decide this matter ex parte
against the respondent on merits.”

4. In the present case, the complainant by filing this complaint has approached the
MahaRERA mainly seeking directions to the respondent to refund the entire
amount paid by him to the respondent.

5. However, subsequent to the hearing held on 03-09-2024 MahaRERA, during the
hearing held in other complaints filed with respect to the said project, the
MahaRERA has noticed that NCLT proceeding has been initiated against the


Complaint No. CC006000000303047


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respondent - promoter under the Insolvency & Bankruptcy (Application to
Adjudicating Authority) Rules, 2016. Hence, the MahaRERA has perused the
available record.

6. However, in the present case on bare perusal of the website of Insolvency and
Bankruptcy Board of India, the MahaRERA has prima facie noticed that the M/s.
Gracious Communications Pvt. Ltd. has filed Company Petition No. CP (IB) No.
862 (MB)/2019 against the respondent - promoter under Section 7 of the I&B Code,

2016. 7.
From the available record, the MahaRERA has further noticed that on 30-09-2022,
the Hon’ble National Company Law Tribunal Mumbai (NCLT) has passed an
order in CP (IB) No. 862 (MB)/2019 filed by M/s. Gracious Communications Pvt.
Ltd, i.e., the Operational 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

8. Further, as recorded in para d (of the Operative Part of the Order) of the said order
passed by the NCLT moratorium has already been ordered against the respondent
promoter. In view thereof, as provided under section 14 of the Insolvency and
Bankruptcy Code, 2016, which mandates a moratorium on the institution and
continuation of legal proceedings against a Corporate Debtor (respondent herein)
in respect of which an order of admission into CIRP has been passed by the
Adjudicating Authority, 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.


Complaint No. CC006000000303047


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9. Hence, the said crucial fact about the appointment of CIRP in respect of the
respondent’s company cannot be ignored by the MahaRERA.

10. Be that as it may, in the present case, in view of the aforesaid order passed by the
NCLT, the MahaRERA cannot proceed to decide this complaint against the
respondent at this stage and hence the present complaint is adjourned sine die. In
the meantime, the complainant may pursue his claims for refund before the CIRP
if he so desires. The respondent is also directed to facilitate the complainant in the
said process.

11. 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