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

REVIEW
COMPLAINT NO: CC006000000374944

IN

COMPLAINT NO: CC006000000023429


RICARDO CONSTRUCTIONS PRIVATE LIMITED
…APPLICANT/
COMPLAINANT

VS

1. BAIDYANATH PANDA

2. JAGRUTI PANDA

3. NIRMAL LIFESTYLE LIMITED


…RESPONDENTS


MAHARERA PROJECT REGISTRATION NO. P51800012386


INTERIM ORDER


(On condonation of delay application)

January 01, 2023
(Date of hearing – 11.10.2023– matter was reserved for order)


Coram: Shri. Ajoy Mehta, Chairperson, MahaRERA

Advocate Nishad Kulkarni for the Complainants
Advocate Amruta Salunke for the Respondent

1. The Complainant is the Promoter/Developer within the meaning of Section 2
(zk) of the Real Estate (Regulation and Development) Act, 2016 (hereinafter
referred to as the “said Act”) of Real Estate Regulatory Authority (hereinafter
referred to as the “RERA”) and the Respondent Nos. 1& 2 are home buyers and
Allottees within the meaning of Section 2 (d) the said Act. The Complainant is
registered as the Promoter of the Project namely “CENTER COURT” under
section 5 of the said Act bearing
MAHARERA Project Registration No.
P51800012386
(hereinafter referred to as the “said Project”). Respondent No.3 is
the Erstwhile Promoter of the said Project.

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2. The Complainant has filed an application for condonation of delay dated

27. 03.2023 (hereinafter referred to as “said application”) in the present
complaint seeking following reliefs:
“a) delay in filing the captioned Review Application be condoned and necessary orders
be passed for hearing the captioned Review Application on merits.
b) Any such further and other reliefs as this Ld. Authority may deem fit in the facts and
circumstances of the present case”

3. In this regard the said application was heard by this Authority on 11.10.2023
wherein the following roznama was passed:
“1. Complainant states that subsequent to an order against Nirmal, an attachment
proceeding took place wherein the Property of Ricardo was attached and taken up for
recovery warrant while the order was against Nirmal.

2. The Respondent states that the Complainant has filed an application for delay
condonation for which they seek an order before the Authority moves ahead. Ricardo
Construction seeks that the stay on the recovery warrant be continued till such time that
this matter continues.

3. Matter is reserved for order on delay condonation application. The stay on the recovery
warrant to continue till further order.”

4. Before moving ahead, it is necessary to understand the brief background of the
case which is tabulated herein for ease of reference:
Sr. No.
Date
Event

1. 29.06.2019
The Applicant purchased all rights, title and interest in the said Project
from Respondent No.3, under a Deed of Conveyance.

2. 11.04.2019
Respondent
Nos.
1
&
2
filed
a
complaint
bearing
No.
CC006000000023429 before this Authority.

3. August
2019
Applicant
was
added
to
the
complaint
bearing
no.
CC006000000023429 as a party Respondent.

4. 21.01.2020
Vide an order passed by the erstwhile Member-II, MahaRERA,
Complaint bearing No. CC006000000023429 was disposed of in view
of the consent terms filed between the then Complainants (Respondent
Nos. 1& 2 herein) and then Respondent No.1 (Respondent No.3 herein)
and the complaint was dismissed against the then Respondent No.2
(Applicant herein).

5. 21.10.2022
In the non-compliance proceedings, Hon’ble Secretary, MahaRERA
passed an order thereby directing for issuance of recovery warrant in
accordance with section 40(1) of the said act against the Applicant
(“said Impugned Order”).

6. 07.02.2023
A recovery warrant was issued by the Authority directing the
Revenue Authorities to recover dues as per the order of the Authority.
Although the warrant was issued against the Respondent No.3 herein,
the property mentioned therein falls under the said Project which is
being developed by the present Complainant.

7. 15.03.2023
Present Complaint (Review complaint) was filed by the Complainant
Promoter against the said Impugned Order.

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8. 27.03.2023
Said application for condonation of delay was filed by the
Complainant Promoter.

9. 11.10.2023
Said application for condonation of delay was heard by the Authority
and reserved for order.

5. It is observed that the captioned complaint is a review complaint of complaint
bearing No. CC006000000023429 wherein the impugned order dated 20.12.2022
was passed by the Secretary, MahaRERA. Since the impugned order was passed
by Secretary. MahaRERA, the captioned complaint is thereby transferred for
further action to Secretary, MahaRERA for adjudication of present review
complaint.

6. Till the adjudication of the captioned review complaint, the stay granted on the
execution of the said warrant shall continue till further directions.


(Ajoy Mehta)


Chairperson, MahaRERA
AJOY MEHTA
Digitally signed
by AJOY MEHTA
Date: 2024.01.01
17:49:58 +05'30'