Complaint No. CC006000000408490
and
CC006000000408497

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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY
AUTHORITY, MUMBAI

1. Review Application cum
Complaint No. CC006000000408490

In
Original
Complaint No. CC006000000199347

Lokhandwala Kataria Constructions Private Limited

... Applicant


(Original Respondent)

Versus

Vijay Arjundas Gurwada and Rita Vijay Gurwada

... Respondents


(Original Complainants)
Along with

2. Review Application cum
Complaint No. CC006000000408497

In
Original
Complaint No. CC006000000199348

Lokhandwala Kataria Constructions Private Limited

... Applicant


(Original Respondent)

Versus

Rita Vijay Gurwada and Vijay Arjundas Gurwada

... Respondents


(Original Complainants)

MahaRERA Project Registration No. P51900008204


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

Ld. Adv. Vibhav Krishna appeared for the applicant - promoter.
Ld. Adv. Nilesh Gala appeared for the respondents- allottees.


INTERIM ORDER


(Monday, 26th February 2024)

(Through Video Conferencing)


Complaint No. CC006000000408490
and
CC006000000408497

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1. The applicant-promoter above named has filed these two separate review
applications in the form of fresh online complaints before MahaRERA on 18-12-
2023 seeking review of the

FINAL ORDER

dated 10-11-2023 passed by the MahaRERA
in
Complaint Nos
. CC006000000199347 and CC006000000199348 filed by the
respondents - allottees under section 39 of the Real Estate (Regulation &
Development) Act, 2016 (hereinafter referred to as ‘RERA’) read with Regulation
36 of the Maharashtra Real Estate (General) Regulation, 2017 in respect of
applicant - promoter’s registered project known as “Minerva” bearing
MahaRERA registration no. P51900008204 located at Lower Parel, Mumbai.

2. These review applications 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, both the parties appeared for the
hearing and made their respective submissions.

3. During the course of hearing, the MahaRERA has noticed that there are two
separate appeals which have been filed by the respondent-allottees (the original
complainants)
before
the
Hon’ble
Appellate
Tribunal
vide
nos.
AT006000000204878 and AT006000000204877 on 16-01-2024. The same are filed
subsequent to filing of these review applications by the applicant -promoter.
Therefore, in view of Section 39 and Regulation 36 of MahaRERA (General)
Regulation, 2017, both these review applications are not maintainable as on date.

4. However, during the course of hearing, the applicant promoter has mainly
contended that it is not aware of the filing of such appeals by the respondent-


Complaint No. CC006000000408490
and
CC006000000408497

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allottees.

5. Be that as it may, in view of the aforesaid fact that the impugned order dated 10-
11-2023 passed by the MahaRERA in the original complaints filed by the
respondent-allottees are under challenge before the Hon’ble Appellate Tribunal,
in any case these review applications filed by the applicant promoter cannot be
heard and decided by the MahaRERA as on date.

6. In view of these facts, these review applications are adjourned sine die till the
final disposal of the said appeals filed by the respondent-allottees before the
Hon’ble Appellate Tribunal. The liberty is granted to the applicant -promoter to
approach the MahaRERA after final disposal of the said pending appeals if need
be.

(Mahesh Pathak)

Member – 1/MahaRERA