Complaint No. CC005000000106562

CC005000000106570

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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY
MUMBAI

1. Complaint No. CC005000000106562

Pune Project LLP
...Complainant

Versus

Neelam S Pal
...Respondent
Along with

2. Complaint No. CC005000000106570

Pune Project LLP
...Complainant

Versus

Ujwala Sameer Jadhav
...Respondent

MahaRERA Project Registration No. P52100007566


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

Ms. Ankita Sharma, Representative appeared for the complainant.
None appeared for the respondents.


INTERIM ORDER


(Friday, 05th January 2024)

(Through Video Conferencing)


1. The complainant - promoter above named has filed these 2 separate online
complaints before the MahaRERA on 02-02-2022 and prayed MahaRERA to
allow it to cancel the agreements for sale executed between it and the
respondents - allottees as the respondents - allottees have failed to make the
payments of the consideration amount as prescribed under the provisions of
the Real Estate (Regulation & Development) Act, 2016 (hereinafter referred to


Complaint No. CC005000000106562

CC005000000106570

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as ‘RERA’) in respect of booking of flats in the complainant - promoter’s
registered project known as “Purva Silversand” bearing
MahaRERA project
registration No. P52100007566
located at Mundhwa, Dist. Pune.

2. These complaints were heard by the MahaRERA on 22-11-2023 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, the complainant appeared and made
its submissions. The MahaRERA heard the arguments of the complainant -
promoter and perused the available records.

3. After hearing the arguments of the complainant, the following Roznama was
recorded in this complaint -
“The complainant-promoter is present. The respondent-allottees are
absent. However, the respondent-promoter has mentioned in the hearing
that as the matter is amicably settled with the respondent-allottees, it is
withdrawing these complaints and uploading necessary applications for
withdrawal by tomorrow i.e by 23-11-2023. In view of the above, these
matters are liable to be dismissed as withdrawn suitably after 23-11-2023
once the complainants upload the withdrawal application.”

4. However, on bare perusal of the record, the MahaRERA has noticed that the
complainant has not uploaded any withdrawal application on record of
MahaRERA within the stipulated time period given by the MahaRERA and
even till date. Further when the Registry tried to contact the concerned
advocate for the complainant, at that time she informed that no settlement is
arrived at in these complaints. Hence, she did not upload any withdrawal


Complaint No. CC005000000106562

CC005000000106570

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application on record of MahaRERA.

5. In view of these facts, since these matters are not settled amicably as the
complainant has failed to upload any withdrawal application on record of
MahaRERA, the MahaRERA has no other alternative but to decide these
complaints on merits by granting an opportunity of hearing to the respondent
allottees.

6. In view of the above, the following order is passed:-
a. The roznama dated 22-11-2023 is hereby recalled; and these matters
are restored for hearing on merits.
b. The complainant is directed to served the copy of these complaints
to the respondent-allottees within a period of one week from the
date of this

INTERIM ORDER

and upload the service affidavit on record
of MahaRERA immediately.
c. On receipt of the same, the respondent-allottees are directed to file
their reply to these complaints within a period of 2 weeks.
d. List these matters for next hearing on 07-02-2024.
e. The complainant as well as the Registry are directed to intimate this


INTERIM ORDER

to the respondent-allottees to ensure its necessary
compliance within the stipulated time period.
(Mahesh Pathak)
Member – 1/MahaRERA