Complaint No. CC12502578


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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY, MUMBAI


Complaint No. CC12502578

Niraj Kumar


... Complainant

Versus

Lucina Land Development Limited


... Respondent


MahaRERA Project Registration No. P52000000709


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

The complainant appeared in person – through VC.
Ld. Adv. Sumit Khanna appeared for the respondent – through VC.


INTERIM ORDER


(Order Pronounced on Tuesday, 16th December 2025)
(Matter Reserved for Order on 27-10-2025)

(Through Video Conferencing)


1. The complainant above named has filed this online complaint before the MahaRERA on 27-
07-2025 mainly seeking directions from the MahaRERA, to the respondent – promoter to
refund the entire amount paid 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. 1708, Wing C in the respondent
– promoter’s registered project known as “Indiabulls Park 1” bearing MahaRERA
registration No. P52000000709 located at Village Kon, Panvel, Dist. Raigarh.

2. The present complaint was heard by MahaRERA as a first hearing matter on 18-08-2025,
when both parties were present. On that date after hearing the submissions made by both
parties, the following Roznama was passed in this complaint:-
“First Hearing Matter” Both the parties are present. The complainant desires that the matter
be fixed for hearing on merits although the respondent is ready for conciliation. Therefore,
the matter is to be fixed for hearing on merits on 24-12-2025. Meanwhile, the respondent may
file a reply within eight weeks i.e. by 13-09-2025. The complainant may file a rejoinder
within a further period of eight weeks i.e. by 08-12-2025.
The matter is adjourned to 24-12-2025 for final arguments by both sides”.

3. However, the complainant herein has filed an urgent hearing application dated 7-10-2025 (
in hard copy through dispatch), before the MahaRERA seeking urgent hearing in this
complaint.



Complaint No. CC12502578


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4. The said application was heard by the MahaRERA on 14-10-2025 and on 27-10-2025 as per
the Circular No. 49 dated 12-09-2025 issued by MahaRERA for hearing of complaints through
Hybrid 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, both parties
appeared and made their submissions. The MahaRERA heard the submissions of both parties
and also perused the available record.

5. After hearing the arguments of the respondent, the following Roznamas were recorded in
the said application:-
On 14-10-2025:” Both the parties are present. The present complaint was originally
scheduled for hearing on 24-12-2025. However, the matter has been taken up for hearing
today, pursuant to an urgent hearing application dated 07-10-2025 filed by the
complainant in hard copy. The respondent contends that it has not received a copy of the
said application for urgent hearing filed by the complainant, as the next scheduled date of
hearing was 24-12-2025. According to the complainant, the Collector, Raigarh has issued
a notice for taking possession of the said flat under the provisions of the SARFAESI Act,
2002, on account of his default in repayment of the home loan, and the possession was
scheduled to be taken today, i.e., on 14-10-2025 The complainant is directed to serve the
copy of the urgent hearing application on the respondent immediately on the email ID
provided
by
the
respondent
viz
-
tahashaikh@dewaniassociates.com,
Shyam@dewaniassociates.com, edlmum@embassyindia.com. as well as serve the same to
the Tahsildar, Panvel and IIHFL All the parties including the Tasildar, Panvel and IIHFL
may file their respective replies to the complainant’s application for early hearing within
a period of one week, i.e. by 20-10-2025, ostensibly filed because Tahsildar, Panvel has
issued a notice under SARFAESI Act for obtaining symbolic possession of the said flat of
the complainant for default in repayment of the home loan. The complainant may file a
rejoinder to the replies filed by the respondent, the Tahsildar, Panvel, and IIHFL on the
said application on or before 25-10-2025. Therefore, in the interest of justice, it is directed
that: i) The complainant may approach the appropriate forum, namely the Debts Recovery
Tribunal (DRT), against the said order for possession; and ii) Until the next date of hearing,
the Tahsildar, Panvel shall not proceed with taking forcible possession of the said flat. The
matter is adjourned to 27-10-2025 for final hearing on the urgent hearing application.”

On 27-10-2025: “First Hearing Matter” The complainant is present. The respondent -
promoter is present. Both parties may file their written submissions within a period of 1
week i.e. by 03-11-2025 on the early hearing application filed by the complainant,
subsequent to which the matter will be reserved for order on the issue of early hearing. The


Complaint No. CC12502578


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regular hearing has been scheduled on 24-12-2025 by which time the complainant may
make the financial institution as a party respondent to the complaint. Accordingly,
reserved for order on the issue of early hearing.”

6. However, despite specific directions issued by MahaRERA, the complainant has failed to
upload any written submissions on the record of MahaRERA.

7. The respondent, however, has filed its written submissions on the record of MahaRERA on
03-11-2025 and opposed the urgent hearing application filed by the complainant, primarily
on the ground that the complaint was filed on 27-07-2025, after proceedings under the
SARFAESI Act had already commenced. The respondent has further contended that
MahaRERA has no jurisdiction to adjudicate issues relating to the financial aspects of the
loan availed by the complainant. Accordingly, the respondent has prayed for dismissal of the
said urgent application.

8. Be that as it may, MahaRERA has prima facie observed that during the course of hearing,
the complainant was specifically directed to serve a copy of the urgent hearing application
upon the respondent as well as the Tahsildar, Panvel, and to file written submissions on
record.

9. However, the complainant has failed to place on record any proof to show that a copy of the
said urgent hearing application was served upon the Tahsildar, Panvel, against whom
substantive reliefs were sought in the nature of a restraint order from taking forcible
possession of the said flat under the SARFAESI Act. Further, the complainant has also failed
to take appropriate steps to implead the concerned financial institution as a party respondent
to the present complaint, despite specific directions issued during the hearing held on 27-10-

2025. In view thereof, MahaRERA has no alternative but to dismiss the said urgent hearing
application for want of prosecution, as the complainant has failed to comply with the
directions issued during the hearings.

10. Be that as it may, since the main complaint is already listed for final hearing on 24-12-2025,
both parties are directed to comply with all the directions issued during the first hearing held
on 18-08-2025, before the next date of hearing.

11. With these directions, the urgent hearing application dated 07-10-2025 filed by the
complainant stands disposed of.


(Mahesh Pathak)
Member – 1/MahaRERA
MAHESH
DINKAR
PATHAK
Digitally signed
by MAHESH
DINKAR PATHAK
Date: 2025.12.16
15:07:00 +05'30'