Complaint No. CC12400136


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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY
MUMBAI

Complaint No. CC12400136
/APPL/RS/1
In

Complaint No. CC12400136

Rajeev Mishra


... Complainant

Versus

Sylvanus Properties Limited


... Respondent

MahaRERA Project Registration No. P52000001481


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

Ld. Adv. Harshad Achrekar appeared for the complainant.
Ld. Adv. Mohammad Taha appeared for the respondent.


FINAL ORDER


(Order Pronounced on Thursday, 16th October 2025)
(Matter reserved for orders on 14-07-2025)

(Through Video Conferencing)


1. The complainant above named has filed this online complaint before the MahaRERA
on 17-09-2024 seeking directions from MahaRERA to the respondent to refund the
entire amount paid along with interest as prescribed under the provisions of the Real
Estate (Regulation & Development) Act, 2016 (hereinafter referred to as ‘RERA’) in
respect of the booking of the flat bearing No. E4104 in the respondent’s registered
project known as “Indiabulls Savroli - 1” bearing
MahaRERA project registration
No. P52000001481
located at Khalapur, Dist. Raigarh.

2. This complaint was heard by the MahaRERA on 07-10-2024 and on 04-11-2024.
However, on both occasions the complainant was absent. Hence, the MahaRERA
dismissed the present complaint vide order dated 04-11-2024 due to the repeated
absence of the complainant.


Complaint No. CC12400136


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3. Thereafter, the complainant has filed the present online restoration application on
record of MahaRERA on 11-04-2025.

4. The said restoration application was heard by the MahaRERA on 14-07-2025 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.

5. After hearing the arguments of both the parties, the following Roznama was recorded
in this complaint on 14-07-2025 –
“Both the parties are present. Both the parties may file their written submissions
within a period of 1 week i.e. by 21-07-2025. The matter is reserved for order on
the restoration application suitably after 21-07-2025 based on the arguments in
the hearing as well as written submissions filed in the complaint.”

6. Pursuant to the directions in the aforesaid hearing, the complainant has filed written
submissions on 22-07-2025. The same is accepted and taken on record. However, the
respondent has not filed any written submissions. Hence, the MahaRERA has
perused the available record.

7. The complainant has stated that the aforesaid complaint was filed against the
respondent seeking refund along with interest and compensation under Sections 12
and 18 of the RERA on the grounds of fraud, misrepresentation, and inordinate delay
in handing over possession of Unit No. E4104 in Tower E4-PH1, Indiabulls Golf City,
Savroli. It is the case of the complainant that the said flat was provisionally booked
with the respondent on 02-03-2017 for a total consideration of Rs.33,05,000/-, against
which he had paid Rs.6,90,745/- towards part consideration along with stamp duty
and registration charges. However, the scheduled registration of the agreement for


Complaint No. CC12400136


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sale could not be completed due to a technical defect on the promoter’s part, which
remained unrectified, resulting in delay in execution of the statutory agreement for
sale.
The complainant has submitted that the matter was listed for hearing before
MahaRERA on 07-10-2024 and 04-11-2024. However, due to his unavoidable absence
on account of his travel to the United States for six months, the complaint came to be
dismissed for default vide order dated 04-11-2024. The complainant has contended
that he had duly intimated MahaRERA in advance by email, seeking adjournment,
which was acknowledged by the office. He has submitted that his absence was
neither wilful nor deliberate and has undertaken to diligently pursue the matter upon
restoration.

8. The complainant has also filed a delay condonation application dated 14-07-2025
under Section 39 of the RERA, relying upon the principles of natural justice and
seeking restoration of the complaint to its original stage.

9. The respondent although has appeared for the hearing held in this restoration
application, it has failed to file any written submissions to this restoration application
filed by the complainant, despite directions. Hence, the aforesaid claims and
contentions raised by the complainant in this restoration application remains
undisputed and unchallenged.

10. Be that as it may, the MahaRERA has examined the submissions made by the
complainant in this restoration application. In the present case, on bare perusal of the
submissions made by the complainant and after perusing the available record, the
MahaRERA has noticed the aforesaid complaint was heard by the MahaRERA on 7-
10-2024 and on finally on 4-11-2024, when the complainant remained absent, despite
notice. Hence, the said complaint was dismissed for default vide an order dated 4-
11-2014.


Complaint No. CC12400136


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11. However, for restoration of the said complaint, the complainant has filed this
restoration application before the MahaRERA.

12. In the present case, the MahaRERA has prima facie noticed that the complainant has
mainly contended that he had intimated MahaRERA in advance regarding his
unavailability and had sought adjournment of the scheduled hearing. The record
shows that the complainant has submitted the said adjournment application in hard
copy through dispatch on 26-09-2024. Hence, in the present case, the absence of the
complainant on the hearing held on 7-10-2024, therefore, cannot be construed as
deliberate or indicative of any lack of diligence. Further, the said complaint is filed
raising the substantial issues concerning refund and compensation under Sections
12 and 18 of the RERA, which warrant adjudication on merits rather than dismissal
on technical grounds.

13. In view of the above, and also in compliance of the principles of natural justice, the
MahaRERA is of the considered view that one fair opportunity of hearing needs to
be granted to the complainant.

14. In view of the above, the following order is passed:-
a) The delay in filing the restoration application is hereby condoned, and the said
restoration application dated 11-04-2025 is hereby allowed.
b) The order dated 04-11-2024 dismissing
Complaint No. CC12400136
for default is
hereby set aside.
c) The
Complaint No. CC12400136
is hereby restored to its original stage.
d) The Registry of this Bench is directed to list the said complaint for hearing on 30-
10-2025.
e) The respondent is directed to file its reply to the complaint on merits within a
period of one week, i.e., on or before 23-10-2025.
f) The complainant may file a rejoinder to the respondent’s reply within a further
period of one week, and in any event, prior to the next date of hearing, i.e., 30-10-


Complaint No. CC12400136


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2025. g) Both parties are directed to complete their pleadings before the next date of
hearing.


(Mahesh Pathak)
Member – 1/MahaRERA

MAHESH
DINKAR
PATHAK
Digitally signed
by MAHESH
DINKAR PATHAK
Date: 2025.10.16
15:00:16 +05'30'