Complaint No. CC005000000167641


━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 1 of 6
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━

BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY
MUMBAI

Complaint No. CC005000000167641


Rajinder Kaur H Singh


... Complainant/s

Versus

Creatoz Builders Pvt Ltd,
Jade A To D Residences Sahakari Gruhnirman Sanstha Maryadit


... Respondent/s

MahaRERA Project Registration No. P52100005242


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

Ld. Adv. Sunilraja Nadar appeared for the complainant.
None appeared for the respondent.


INTERIM ORDER


(Order Pronounced on Monday, 13th January 2025)
(Matter reserved for order on 26-09-2024)

(Through Video Conferencing)


1. The complainant above named has filed an online complaint before the
MahaRERA on 10-10-2022 mainly seeking directions from the MahaRERA, to
the respondents to handover the possession along with interest and
compensation on account of delay 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. 205 on 02nd floor in A-
Wing (hereinafter will be referred to as said flat) in the respondent no. 1
promoter’s registered project known as “JADE RESIDENCES - 2” bearing
MahaRERA registration no. P52100005242, located at Pune.

2. This complaint was heard on several occasions and the same was finally


Complaint No. CC005000000167641


━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 2 of 6
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━

heard on 26-09-2024 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 were also informed to file their written arguments, reply and
rejoinder, if any. Accordingly, the complainant appeared and made his
submission. Despite notice the respondent remined absent. The MahaRERA
heard the submissions of the complainant and perused the available records.

3. After hearing the complainant submission, the following Roznama was
recorded in the complaint-

On 04-07-2024-
“The complainant is present. The respondents are absent. The complainant
desires that the prayers be amended and therefore, the complainant is granted
one week’s time for the same i.e. till 11-7-2024. The complainant may also serve
copies of the amended prayers on both the respondents and upload proof in the
complaint. As it transpired in the hearing admittedly, the NCLT has issued an
order with regard to respondent no.1 on 21-11-2023. Accordingly an IIRP was
appointed and the complainant has already filed a claim before the said IIRP
as per the said order. Both respondents may file replies to the amended
complaint and the interim prayer that the complainant seeks to file as well.
This may be done within a further period of two weeks i.e. by 25-7-2024. The
complainant may file rejoinders to the replies of the respondent within a further
period of two weeks i.e. by 8-8-2024 both on the substantive issue of the
complaint as well as interim prayer. Accordingly, this matter is adjourned to a
suitable date after 8-8-2024 for final arguments by both sides. Needless to say,
the complainant may serve copies of the original complaint along with all the
documents and the replies on both the respondents. List the matter for next
hearing on 26-9-2024.”


Complaint No. CC005000000167641


━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 3 of 6
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━

On 26-09-2024-
“The complainant is present. The respondents are absent. The complainant has
filed an amendment application to amend the prayers on 11-07-2024 after the
previous hearing held on 04-07-2024. The complainant has sought directions to
both the respondents not to create a third party rights in the flat. The
complainant also seeks to deposit the remaining amount as per the allotment
letter of 2014 with the MahaRERA. However, it can be seen that admittedly,
there is a NCLT proceeding filed with respect to the respondent No. 1 and an
IRP has also been appointed. Also, the project is complete in November 2017
and the Form 4 has been uploaded in December 2017. The allotment letter is of
December 2014 while this complaint was filed nearly 8 years (after nearly a
decade) after the allotment letter was issued with prayer that directions to the
respondents not to create any third party rights. Due to the above delay, the
MahaRERA does not feel it proper to issue any such directions. Moreover, due
to the passage of substantial time, the above complications have arisen in the
complaint. The original prayer of the complainant was execution of the
agreement for sale as per the allotment letter of 2014. Accordingly, the
respondents may file replies to this complaint as a last chance along with
written arguments within a period of 1 week i.e. by 03-10-2024. The
complainant may file rejoinder along with written arguments within a further
period of 2 weeks i.e. by 17-10-2024, even if the respondents do not file any reply
/ written arguments. In case the respondents do not file any reply /written
arguments, the MahaRERA will be constrained to decide this matter ex-parte
against the respondents on merits. Accordingly, this matter is reserved for
orders suitably after 17-10-2024 based on the arguments of the complainant as
well as the reply, rejoinder and written arguments filed in the complaint and
the documents uploaded in the complaint.”


Complaint No. CC005000000167641


━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 4 of 6
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━

4. However, despite specific directions being issued by the MahaRERA, the
respondent no. 1 promoter has failed to file reply on record of MahaRERA.
Hence, the MahaRERA perused the available record.

5. It is the case of the complainant that he booked the said flat in the respondent’s
said project for total consideration of Rs. 35,07,122/- out which the
complainant has paid a substantial amount of Rs. 30,04,273/- (paid 85%) vide
Letter of allotment dated 04-12-2014 which was issued to the complainant by
the respondent no. 1; respondent no. 2 is co-operative housing society.
Notably, the said Allotment Letter did not contain any possession date.
Further, the complainant submitted that the respondent no. 1 intimated that
they have obtained Occupation Certificate for the said project vide letter dated
08-12-2017. However, the respondent failed to handover possession as
promised by the respondent. Despite several reminders for execution of
agreement for sale the respondent failed to do so and had raised further
demands for payment slab wise. Being aggrieved the complainant has filed the
present complaint for the possession, interest, compensation and execution of
agreement for sale in the present complaint.

6. Further, the complainant has uploaded amended prayers by filing an
application for amendment , whereby he has sought directions that the
respondents be restrained from creating any third-party rights in the said flat.
The complainant also seeks to deposit the remaining amount as per the
allotment letter of 2014 with the MahaRERA.

7. Be that as it may, in the present case, the complainant has filed this complaint
seeking reliefs under sections 13 and 18 of the RERA, specifically against the
respondent no. 1 promoter. Further by virtue of the amendment application,
the complainant has additionally prayed for injunction against the


Complaint No. CC005000000167641


━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 5 of 6
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━

respondents ( promoter as well as the society) not to create any third party
rights in respect of his booked flat.

8. However, in this case as it transpired during the course of hearing held in this
complaint, that there is a NCLT proceeding initiated against the respondent
no. 1 and CIRP has been appointed. Further, on bare perusal of the website
of Insolvency and Bankruptcy Board of India, the MahaRERA has prima facie
noticed that the Hon’ble National Company Law Tribunal, Mumbai has
passed Order dated 21-11-2023 in CP (IB) No. 745 of 2020 filed by one Virendra
K Pawar Proprietor of Shree Electricals Enterprises, i.e., the Financial Creditor
therein against the respondent no. 1 promoter, thereby admitting it into
Corporate Insolvency Resolution Process (CIRP) in accordance with the
provisions of the Insolvency and Bankruptcy Code, 2016. In view of Section 14
of the said Code, a moratorium period on the institution and continuation of
legal proceedings against the respondent no. 1. Hence institution of suits or
continuation of pending suits or proceedings against the respondent no. 1
promoter including execution of any

JUDGMENT

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

9. The complainant during the course of hearing has admitted the said
proceeding filed against the respondent no. 1 promoter and the appointment
of CIRP. Hence, the MahaRERA cannot ignore such crucial fact as brought to
the notice of MahaRERA.

10. Therefore, as on date, the MahaRERA cannot proceed to decide this complaint
against the respondent no. 1 and hence the present complaint is adjourned sine
die. In the meantime, the complainant may pursue his monetary claim (if any)
against the respondent no. 1 before the CIRP if he so desires.


Complaint No. CC005000000167641


━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 6 of 6
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━

11. Further, liberty is granted to the complainant to approach MahaRERA after
final disposal of the said insolvency proceeding pending against the
respondent no.1, if need be.


(Mahesh Pathak)
Member – 1/MahaRERA