Complaint No. CC006000000375319


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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY
MUMBAI

Complaint No. CC006000000375319

Pradeep Vishnu Tendolkar


... Complainant

Versus

1. D K Realty (India) Private Limited

2. Piramal Capital & Housing Finance Limited (formerly known as Dewan
Housing Finance Corporation Ltd.)
... Respondents

MahaRERA Project Registration No. P51800000340


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

Ld. Adv. Aman Shukla appeared for the complainant.
None appeared for the respondents.

ORDER
(Thursday, 11th July 2024)

(Through Video Conferencing)


1. The complainant above named has filed this online complaint before the
MahaRERA on 18-04-2023 mainly seeking directions from MahaRERA to the
respondent – promoter to refund the entire amount paid by him along with
interest and compensation for delay as prescribed under provisions of section 18
of the Real Estate (Regulation & Development) Act, 2016 (from now on referred
to as ‘RERA’) in respect of the booking of a flat bearing no. 1002 in the
respondents- promoter's registered project known as “Livsmart Kurla” bearing
MahaRERA registration no. P51800000340 located at Kurla, Mumbai.

2. This complaint was clubbed with the other complaints filed by the other similarly
placed allottees of this project and the same was heard on 28-02-2024 and finally
on 29-05-2024 as per the Standard Operating Procedure dated 12-06-2020 issued


Complaint No. CC006000000375319


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by MahaRERA for hearing of complaints through Video Conferencing. Both the
parties have been issued prior intimation of this hearing and were also informed
to file their written arguments, reply & and rejoinder, if any. Accordingly, the
complainant appeared for the said hearing and made his submissions. However,
despite notice, the respondent no. 1 promoter remained absent. The MahaRERA
heard the submissions of the complainant and also perused the available records.

3. After hearing the complainant, the following Roznama was recorded in this
complaint on 29-05-2024 (along with other 2 complaints) :-
“The complainants are present. The respondent is absent. The respondent has
never appeared before the MahaRERA and as per the complainant in s.no. 10
(CC006000000375319) & s.no. 13 (CC006000000396725), the respondent was also
absent in the conciliation hearing. The respondent has also not filed any reply to
the complainant nor has extended the project registration which has lapsed in
December, 2021 despite directions. Therefore, the respondent is given one last
chance to file its reply to the complaints along with written arguments within a
period of one week i.e. by 5-6-2024. The complainants may file their rejoinders to
the replies of the respondent along with written arguments within a further
period of one week i.e. by 12-6-2024 even if the respondent does not file any reply
or written arguments. In case, the respondent does not file any reply or written
arguments, the MahaRERA will be constrained to decide the matters ex-parte
against the respondent. The complainants have prayed for refund along with
interest and compensation for delay. The details of allotment, the date of signing
of the agreements for sale, the date of possession, the total consideration and
the consideration paid is as per the table given below :
mplaint no.
t no.
eement for sale
session date
al consideration
d consideration


Complaint No. CC006000000375319


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006000000344163 t no. 503, Wing 15 mentioned December 2020 86,71,500/-
19,66,696/-
006000000375319 t 1002
03-2016
2-2018+ 12 months grace
1,15,09,000/-
41,29,490/-
006000000396725 t no. 503, Wing 22 04-2016 31-12-2018
79,87,500/-
79,87,500/-

As the project is still incomplete, the complainants prayed for refund along with
interest and compensation for delay. In view of the above, these matters are
reserved for orders suitably after 12-6-2024 based on the arguments of the
complainants as well as the replies, rejoinders and written arguments filed in the
complaints.”

4. However, despite directions, both the parties have failed to upload any failed
other document after last date of hearing held on 29-05-2024. Hence, the
MahaRERA has perused the available record.

5. 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
association of allottees formed in this project viz LIV Smart Welfare Association
has filed Company Petition No. CP (IB) No.1170/MB-IV/2021 against the
respondent no.1 promoter under Section 7 of the I&B Code, 2016 agitating claim
of Rs.81,45,67,305.50/- against the respondent no.1 promoter.

6. From the available record, the MahaRERA has further noticed that on 15-11- 2022,
the Hon’ble National Company Law Tribunal Mumbai (NCLT) has passed an
order in CP (IB) No.1170/MB-IV/2021 filed by LIV Smart Welfare Association,


Complaint No. CC006000000375319


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i.e., the Financial Creditor therein against the respondent no.1 promoter herein,
thereby admitting the respondent no.1 promoter herein into Corporate
Insolvency Resolution Process (CIRP) in accordance with the provisions of the
Insolvency and Bankruptcy Code, 2016.

7. Further, as recorded in para (a) (I) (a) of the said order passed by the NCLT
moratorium has already been ordered against the respondent no. 1 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 no.1 promoter herein)
in respect of which an order of admission into CIRP has been passed by the
Adjudicating Authority, applies to the respondent no.1 promoter herein. Hence
institution of suits or continuation of pending suits or proceedings against the
respondent no.1 promoter including execution of any

JUDGMENT

, decree, or order
in any court of law, tribunal, arbitration panel or other authority is prohibited.

8. However, although the said company petition was filed by the association
formed by the allottees of the captioned project, during the course of hearing,
neither the complainants nor the respondent no.1 promoter have ever informed
to MahaRERA about the aforesaid order passed by the NCLT. However, the said
crucial fact cannot be ignored by the MahaRERA.

9. Be that as it may, in the present case, in view of the above, the MahaRERA cannot
proceed to decide this complaint against the respondent no.1 promoter at this
stage and hence the present complaint is adjourned sine die. In the meantime,
the complainant may pursue their claim for refund before the CIRP if he so
desires.


Complaint No. CC006000000375319


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10. 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