Complaint No. CC006000000396144
and 3 others

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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY
MUMBAI

1. Complaint No. CC006000000397418

Rajani Tushar Bhise and Tushar Dattatraya Bhise
... Complainants

Versus

Supreme Construction and Developers Pvt Ltd

... Respondent

2. Complaint No. CC006000000397451

Mrs Gurpreet Kaur and Ajit Singh Matta


... Complainants

Versus

Supreme Construction and Developers Pvt Ltd

... Respondent

3. Complaint No. CC006000000429261

Amarnath and Sharda Prasad Singh


... Complainants

Versus

M/s. Supreme Construction & Developers Pvt. Ltd
... Respondent/s


MahaRERA Project Registration No. P52000003536


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

Ld.Adv.Godfrey Pimenta appeared for the complainants at Sr. Nos. 1 and 2.
Ld.Adv. Kulsum i/b Ld. Adv. Parth Chande appeared for the complainant at Sr.
No. 3.
None appeared for the respondent.


INTERIM ORDER


(Tuesday, 20th August 2024)

(Through Video Conferencing)


1. The complainants above named have filed these online complaints before the
MahaRERA seeking directions from MahaRERA to the respondent to refund
the entire amount paid along with interest and compensation / to handover


Complaint No. CC006000000396144
and 3 others

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the possession and pay interest for the delayed possession as prescribed under
the provisions of the Real Estate (Regulation & Development) Act, 2016
(hereinafter referred to as ‘RERA’) in respect of the booking of a flats in the
respondent’s registered project known as “Clan City - Ruby” bearing

MahaRERA project registration No. P52000003536
located at Taloja, Dist.
Raigarh.

2. These complaints were heard by the MahaRERA today 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 complainants appeared and made
their respective submissions. However, despite the notice of hearing, the
respondent remained absent. The MahaRERA heard the arguments of the
complainants also pursued the available record.

3. In the present case, on bare perusal of the record, it appears that the
complainants herein have filed these complaints mainly seeking reliefs as
provided under section 18 of the RERA towards the refund of the amount paid
The complainants have raised these complaints mainly on account of the
alleged delay on the part of the respondent in handing over possession of their
flats as per the agreements for sale.

4. However, during the course of hearing , the MahaRERA has noticed that in
this particular phase of the project having project registration no.
P52000003536, the complaint bearing no. CC006000000580872 has been filed by
one Kanchan Sharma, (Secretary of Clan One Society )seeking reliefs under
section 7 of the RERA for revocation of the project registration granted in


Complaint No. CC006000000396144
and 3 others

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favour of the respondent promoter. The said complaint was heard by the
MahaRERA on 22-07-2024, when certain directions were issued to the said
complainant. It is pertinent to note that, ostensibly, one society has been
formed for the entire project which has been registered in total 9 different
phases with 9 separate project registration numbers.

5. In this regard, it is pertinent to peruse the MahaRERA Circular no. 8 of 2019
dated 28-03-2019, which deals with the procedure laid down by the
MahaRERA for action which needs to be taken by the association of the
allottees under section 7 and 8 of the RERA. In the said circular , the
MahaRERA has put one condition therein : “While a complaint under Section
7 or 8 is being heard by Chairperson/ Member' all other pending complaints
including complaints under section 7, against that project shall be brought
under the same Chairperson / Member. Further complaints received for the
same project shall be clubbed together and be heard along with other
complaints of revocation.”

6. In view of the aforesaid guidelines issued by the MahaRERA vide the said
MahaRERA Circular No. 8/2019 dated 28-03-2019, it would be just and proper
to club these complaints along with the said
complaint no. CC006000000580872

filed by the said registered society formed by the allottees of this project for
revocation of this project registration. Needless to state here that the said
complaint filed by the society has bearing on these complaints.

7. The aforesaid facts have been informed to the complainants who appeared
during the course of hearing. However, the complainants have also not
objected to such clubbing of all these complaints with the complaint filed by
the said society.


Complaint No. CC006000000396144
and 3 others

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8. In view of these facts, the following order is passed:-
a) The registry of this bench is directed to club these complaints along with
the other complaint bearing no. CC006000000580872 filed by the Clan One
Society through its Secretary viz Kanchan Sharma and list the same for
next hearing as per the seniority of these complaints.
b) The respondent promoter is again directed to file its reply to these
complaints within a period of two weeks from the date of this order (if
not filed so far).
c) Both the parties are directed to complete the pleadings before the next
date of hearing.


(Mahesh Pathak)
Member – 1/MahaRERA