Complaint No. CC12504722


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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY,
MUMBAI

Complaint No. CC12504722

Mohamed Eliyas Burud


... Complainant

Versus

Nirmal Lifestyle Ltd


... Respondent

MahaRERA Project Registration No. P51800006781


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

Ld. Adv. Ajay appeared for the complainant – through PH.
None appeared for the respondent.


INTERIM ORDER


(Wednesday, 06th May 2026)
Hearing Through Hybrid Mode)

1. The complainant above named has filed this online complaint before the MahaRERA on
31-12-2025 seeking directions from the MahaRERA, to the respondent – promoter, to
refund the entire amount paid by him along with interest and compensation, 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 flat bearing No. 805,
admeasuring approx. 350 sq.ft. carpet area, situated on 8th Floor in the respondent -
promoter’s registered project known as “Nirmal Lifestyle-Discovery” bearing

MahaRERA project registration No. P51800006781
, situated at Mulund West, Mumbai.

2. This complaint was heard by the MahaRERA today as per the Circular No. 49 dated 12-
09-2025 issued by MahaRERA for hearing of complaints through Hybrid Hearing Mode.
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 complainant appeared
and made his submissions. However, despite the notice of hearing, the respondent
remained absent. The MahaRERA heard the arguments of the complainant and also
perused the available records.


Complaint No. CC12504722


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3. However, during the course of hearing, on bare perusal of the available record, the
MahaRERA has noticed that the NCLT proceeding has been initiated against the
promoter viz M/s. Nirmal Lifestyle Limited (hereinafter referred to as the ‘promoter’ for
the sake of brevity) under the Insolvency & Bankruptcy (Application to Adjudicating
Authority) Rules, 2016.

4. Further, on a bare perusal of the website of the Insolvency and Bankruptcy Board of India,
the MahaRERA has noticed that on 05-08-2021, the Hon’ble National Company Law
Tribunal Mumbai (NCLT) has passed an order in C.P. No. 4412/IBC/MB/2019 filed by
IDBI Trusteeship Services Limited i.e., the Financial Creditor therein, against the
promoter herein, thereby admitting the promoter herein into Corporate Insolvency
Resolution Process (CIRP) in accordance with the provisions of the Insolvency and
Bankruptcy Code, 2016. Moreso, the said order dated 05-08-2021 has also been confirmed
by the NCLT vide subsequent order dated 08-01-2026 passed in IA (I.B.C) 5994 (MB) /

2025. 5.
In view of the above, the institution of suits or continuation of pending suits or
proceedings against the promoter including execution of any

JUDGMENT

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

6. In view of the above, the MahaRERA cannot proceed to decide this complaint filed by the
allottee - complainant against the promoter at this stage and hence the present complaint
is adjourned sine die.

7. However, liberty is granted to the complainant - allottee to approach MahaRERA after
final disposal of the said insolvency proceeding pending against the respondent if need
be.


(Mahesh Pathak)
Member – 1/MahaRERA
MAHESH
DINKAR
PATHAK
Digitally signed
by MAHESH
DINKAR PATHAK
Date: 2026.05.07
16:24:40 +05'30'