Complaint No. CC006000000429157


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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY
MUMBAI

Complaint No. CC006000000429157

Rahima Ashok Salve


... Complainant

Versus

M/s. Tycoons Avanti Projects LLP


... Respondent

MahaRERA Project Registration No. P51700004049


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

Mr. Ashok Salve appeared for the complainant.
Ld. Adv. Anwar Landage i/b Ld. Adv. Harshad Bhadbhade appeared for the
respondent.


INTERIM ORDER


(Tuesday, 26th March 2024)

(Through Video Conferencing)


1. The complainant above named has filed this online complaint before MahaRERA
on 08-02-2024 mainly seeking directions from MahaRERA to the respondent -
promoter to refund the entire amount paid by him along with interest as
prescribed under the provisions of section 18 of the Real Estate (Regulation &
Development) Act, 2016 (hereinafter referred to as ‘RERA’) in respect of the
booking of a flat bearing no. 2204 and 2205 in the respondent – promoter’s
registered project known as “Tycoons Square Avenue III Tower C” bearing
MahaRERA registration no. P51700004049 located at Chikanghar, Thane.

2. This complaint was 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


Complaint No. CC006000000429157


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intimation of this hearing and they were also informed to file their written
submissions if any. Accordingly, both the parties appeared and made their
respective submissions.

3. During the course of hearing, the respondent has stated that the complainant had
earlier filed a complaint before the MahaRERA bearing no. CC006000000292521
seeking the similar reliefs of refund along with interest under the provisions of
the RERA. The said complaint was disposed of as settled vide an order dated 15-
02-2023 passed by the MahaRERA as both the parties have settled the matter
amicably before the MahaRERA Conciliation Forum.

4. However, the complainant during the course of hearing has stated that she has
already filed a non - compliance application for implementation of the said order
dated 15-02-2023 for the MahaRERA. The complainant further stated that the said
non - compliance application is filed by her since, the respondent has not
complied with the said order dated 15-02-2023 passed by the MahaRERA.
However, the complainant in this complaint is raising certain other issues.

5. In view of the aforesaid rival submissions made by both the parties, the
MahaRERA has perused the available record.

6. On bare perusal of the record, the MahaRERA has noticed that the complainant
herein had earlier filed the said
complaint no. CC006000000292521
before the
MahaRERA mainly seeking refund of the entire money paid by her under the
provisions of the RERA. In the said complaint both the parties arrived at
mutually agreeable terms and signed the consent terms in the month of
December, 2022. The copy of the same was also uploaded on record of
MahaRERA on 18-01-2023. By virtue of the said consent terms the said complaint


Complaint No. CC006000000429157


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was disposed of by the MahaRERA vide an order dated 15-02-2023.

7. However, the complainant by filing this second complaint before the MahaRERA
on 08-02-2024 is seeking following reliefs: -
“As per the conciliation documents signed by the both parties in
complaint no-
CC006000000292521
promoter agreed to give possession of 3 commercial units (in lieu of flat
no-2204 & 2205 originally booked) by May 2023. 3 commercial units in Project called “
Tycoons Square Avenue 1” situated at survey no- 22 Chikanghar Tal- kalyan, Dist- Thane.
The 3 commercial units offered by promoter and agreed by us are as follows: 1.Office no- 201
area 435 sqft carpet consideration value of Rs. 79,65,720/- 2.Office no-202 area 311 sqft carpet
consideration value of Rs. 56,95,032/- 3.Office no-203 area 413 sqft carpet consideration value
of Rs. 75,63,113/- Total Rs. 2,12,23,865/- As per the clause 5 of original registered agreement
between promoter and us for flat no- 2204 & 2205 interest on default payment to be charged
by promoter was 18% . after considering 18% interest rate, payment due towards promoter
amounts to Rs. 2,27,73,870/- In spite of doing regular follow up from month of May 2023,
Promoter failed to give possession of the said commercial premises hence we want to cancel
our registration and want our payment back with interest as stated above”.

8. On bare perusal of the aforesaid reliefs sought by the complainant, it appears that
the complainant in this complaint has cited default on the part of the respondent
and is mainly seeking compliance of the consent terms duly signed by both the
parties in the earlier complaint filed before the MahaRERA.

9. In this regard, it is pertinent to note that being aggrieved by the alleged default
on the part of the respondent, the complainant has already exhausted the remedy
available to her under the provisions of the RERA and had filed the said earlier

complaint no. CC006000000292521
before the MahaRERA. Further, during the
hearing, the complainant willingly settled the matter with the respondent.

10. Hence, in view of the settled position of law i.e. doctrine of Res -judicata , now
the complainant cannot be permitted to re-agitate the similar issues alleging


Complaint No. CC006000000429157


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violation of section 18 of the RERA in this fresh complaint. Hence, the
MahaRERA cannot entertain this complaint on merits.

11. However, as stated hereinabove, the complainant in this complaint has also cited
various defaults on the part of the respondent in adhering to the said consent
terms signed in the earlier complaint. Furthermore, during the course of hearing
the complainant has stated that she has already filed a non-compliance
application before the MahaRERA in the said earlier
complaint no.
CC006000000292521
.

12. Be that as it may, in any case since the issue involved in the said non-compliance
application filed by the complainant (if any) and the present complaint is
identical in nature. Hence, both the matters i.e., the said non-compliance
application in
complaint no. CC006000000292521
and the present complaint need
to be heard together by the appropriate bench.

13. In view of the above, the Registry of this bench is directed to take appropriate
action for such clubbing and for placing both the matters before the appropriate
bench.

(Mahesh Pathak)
Member – 1/MahaRERA