Complaint No. CC005000000279883


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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY
MUMBAI
Review Application Cum
Complaint No. CC005000000279883

In
Original
Complaint No CC005000000106751

Village Residency- II Project AOP

...Applicant (Orig. complainants)

Versus

M/S. The Pristine Horizon
Mr. Prateek Omprakash Agarwal
Mr. Virendra Vijay Borikar


...Respondents (Orig. respondents)


MahaRERA Project Registration No. P52100005200


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

Ld. Adv. Smita Tanna appeared for the applicant – allottees / AOP .
None appeared for the respondent – promoters.


INTERIM ORDER


(Thursday, 11th July 2024)

(Through Video Conferencing)


1. The applicant (AOP)above named has filed this online review application in
the form of a fresh complaint before the MahaRERA on 29/12/2023 mainly
seeking directions from the MahaRERA to i) review, recall and rectify the final
order dated 14/07/2023 passed by the MahaRERA in
complaint No.
CC005000000106751
filed by the AOP (org. complainants ); ii) delay in filing of
the present application be condoned; iii) to pass necessary orders for clubbing
both
the
said
complaints
bearing
No.
CC005000000106751
and
CC005000000106752 and other complaints of the said projects (if any) and be


Complaint No. CC005000000279883


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pleased to be place the same before any bench of the MahaRERA for hearing
and passing appropriate orders in the interest of justice; iv) to pass necessary
orders issuing notices to all the concerned and afford opportunity of hearing
to the complainant to satisfy all the pre-conditions of the Circular No.8/19; v)
revocation of registration of both the projects bearing project registration No.
P52100005200 & P52100004279 under the provisions of Section 39 of the Real
Estate (Regulation & Development) Act, 2016 (hereinafter referred to as
‘RERA’) read with Regulation 36 of the MahaRERA (General) Regulation, 2017
in respect of the respondent’s registered project known as “Village Residency
II Building A” bearing MahaRERA registration no. P52100005200 located at
Nere, Taluka - Mulshi, District-Pune (“said project”).

2. This review application was heard on 28-02-2024 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 they were also informed to file their
written submissions if any. The complainant appeared and made its
submission. However, despite the fact that the notice of the said hearing was
duly served upon the respondents, they remained absent. Hence, the
MahaRERA heard the submissions of the said AOP and also perused the
available record.

3. The applicant- be hereinafter referred to as the “AOP” and the respondents
are hereinafter referred to as the “promoter” for the sake of brevity.

4. After hearing the submission of the AOP , the following Roznama was
recorded in this review application –
“First Hearing Matter” The application/complainant is present. The
respondent is absent. This is a review application filed in respect of the order
dated 14-07-2023 passed in a
complaint no. CC005000000106751
filed by an


Complaint No. CC005000000279883


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association(applicant). Admittedly, there are four buildings with the name
Village Residency in 2 layouts with 4 registration numbers (viz.
P52100005200, P52100003154, P52100010458 and P52100004279). However, the
said order dated 14-07-2023 should apply in respect of 2 buildings in 1 layout
of the registration numbers P52100005200 and P52100004279. This is one of the
prayers of the applicant- association of the allottees, which has filed this
review. Further there is another
complaint no.CC005000000106752
filed with
respect to the same layout having registration no.P52100004279 with the name
Village Residency II Building-B. Both these matters viz the present review
application and the said
complaint no.CC005000000106752
pertains to the
same layout. The said
complaint no.CC005000000106752
is adjourned sine die
by the MahaRERA on 21-11-2023 in view of the order dated 2-05-2023 passed
by the Hon’ble Bombay High Court in Bail Application No. 332 of 2023. Vide
para 5 of the said order , the respondent promoter has been granted one year’s
time period as per his undertaking to complete this project. The applicant
prays to club both the matters together (the present review application and
CC005000000106752) The MahaRERA sees no objection to these 2 prayers of
the applicant. Accordingly, both the parties may file written arguments
within a period of one week i.e. by 04-03-2024. This review application is
accordingly reserved for interim orders suitably after 04-03-2024 based on the
arguments of the applicant, the prayers in the review application as well as
the written arguments filed in this review application.

5. Pursuant to the aforesaid directions, the AOP has uploaded its written notes
of arguments and the proof of service to the promoter on the record of
MahaRERA on 02-03-2024. The same is taken on record. However, the
promoter has not uploaded any documents on the record of MahaRERA.
Hence the MahaRERA has perused the available record.

6. In the present case, the AOP is the association of allottees and has filed this
review application in the form of a fresh complaint seeking review of the order


Complaint No. CC005000000279883


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dated 14/07/2023 which was decided by the MahaRERA in the
complaint no.
CC005000000106751
filed for orders under section 7 and 8 of the RERA.

7. During the course of hearing, AOP has informed the MahaRERA that the
members of the said AOP are the allottees of both the projects bearing no.
P52100005200 - Building-A and P52100004279 - Building-B named as
“VILLAGE RESIDENCY-II”, being partly developed and constructed on the
same layout by the promoter. Meaning thereby that the promoter has
registered this project undertaken by it on the same layout in two different
phases and obtained two separate registration numbers as mentioned above
viz P52100005200 – for Building-A and P52100004279 – for Building-B.

8. It has also been informed by the AOP that in both these phases the allottees
have formed the AOPs in the name of ‘Village Residency- II Project AOP’.
The said AOPs have filed two separate complaints before the MahaRERA
under nos. bearing No. CC005000000106751 (in project registration no.
P52100005200) and CC005000000106752 (in project registration no.
P52100004279).

9. In both these complaints, the AOPs have prayed for reliefs under section 7
and 8 of the RERA, as the promoter has failed to complete this project within
the stipulated time period mentioned on the MahaRERA website while
registering these projects with the MahaRERA. The AOP wants to take over
this project under section 8 of the RERA.

10. However, in the earlier complaint bearing no. CC005000000106751 filed by the
AOP in this phase of the project registration no. P52100005200 seeking reliefs
under section 7 and 8, the MahaRERA was heard and the same was disposed
of by the MahaRERA vide an order dated 14-07-2023. The said order reads as
under:-


Complaint No. CC005000000279883


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“7. The MahaRERA has examined the submissions made by the complainant and
also perused the available record. In the present case by filing this complaint, the
complainant, which is an AOA (formed by 35 members from building/wing- A and
15 members from building/wing-B) has approached the MahaRERA mainly seeking
revocation of the MahaRERA project registrations under nos. P52100005200 (for
building/ wing A) and P52100004279 (for building/wing-B) under section 7 of the
RERA . The said registrations are issued in favour of the respondent no.1, which is
a proprietary firm of the promoter, in which the respondent no. 2 is the proprietor,
who has registered these projects with the MahaRERA (hereinafter referred to as the
respondent).

8. The complainant has mainly contended that the respondent has failed to complete
this project, which was started in the year 2015-2016 and has abandoned the same.
Further there is no progress in the project since 2019 as all the construction activities
are stopped on site. Hence, it has contended that this complaint is filed under Sections
7 and 8 of the RERA Act 2016, for revocation of registration of the projects as the
complainant is willing to take over the said project and complete the development of
the same under supervision of the MahaRERA.

9. As far as the specific reliefs sought by the complainant (AOA), during the course
of hearing held on 14-03-2023, the MahaRERA has pointed out to the complainant
that there is procedure prescribed by the MahaRERA vide Circular No. 8 of 2019
dated 28-03-2019 as well as the circular for lapsed project under no. 24 of 2021 dated
21-09-2021. The complainant in this case has shown its willingness to take over this
project for completing the same and hence prayed for revocation of the said two
projects registered by the respondent.

10. However, on bare perusal of the said MahaRERA Circular No. 8 of 2019, it
appears that the following procedure was laid down for revocation of the project
registration:-
“Therefore, it is felt necessary to issue necessary direction which shall be followed
for revocation of project registration and thereafter.
● MahaRERA shall only consider those complaints for revocation of project, when
Association of Allottees is involved. Wherein Association of Allottees is Association


Complaint No. CC005000000279883


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or society or co-operative society or a federation or any other body by whatever name
called, whether registered consisting of a majority of Allottees i.e. not less than 51%
including members to whom plot or apartments or building has been allotted sold or
otherwise transferred including such rehab portion. which are included in
MahaRERA registered project.
● While filing the complaint, the Association of Allottees shall also provide the
following documents:
○ Declaration confirming that the complainants has/have not filed any complaint
with regard to the project under consideration which is pending with NCLT/Debt
Recovery Tribunal or any other court/Forum under any Act including
IBC/SARFAESI ACT/DRT ACT/ MPID ACT etc. and that no such proceedings arc
pending, to the best of their knowledge.
○ List of all stakeholders with available contact details including competent
Authority, Promoter-Landowner / Investor. Architects certifying Form I and 4,
Engineer certifying Form 2 and CAs certifying Form 3 & 5, Banks listed in
encumbrance certificate, and any other parties with third party interest in the project.
● On receiving this complaint, MahaRERA shall serve notice to the promoter,
stating the grounds on which it is proposed to revoke the registration. The promoter
is provided thirty days' notice to present his case. Copy of the said notice shall also
be sent to the competent Authority, Association of allotees, Promoter-Landowner /
Investor, Architects certifying Form 1 and 4, Engineer certifying Form 2 and
Chartered Accountant certifying Form 3 & 5, Banks listed in encumbrance
certificate, and any other parties with third party interest in the project
● While a complaint under Section 7 or 8 is being heard by Chairperson/ Member,
all other pending complaints including complaints under section 7, against that
project shall be brought under the same Chairperson / Member. Further complaints
received for the same project shall be clubbed together and be heard along with other
complaints of revocation.
● For any action to be taken under section 7 or 8, the MahaRERA may constitute
Designated Resolution Panel (DRP) consisting of one member from promoter's
Associations and one member from consumer forum. The member of the said panel


Complaint No. CC005000000279883


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would to selected out of' the existing conciliation forum members who has adequate
professional experiences in the Real Estate sector or is a Chartered Accountant, or
Architect, or Engineer, or lawyer. The said panel with the help of Association of
Allottees shall prepare a blue Print for completion of the project. The Blueprint shall
consist of the following:
○ Financial Blueprint detailing current financial status of project including Cash
in Hand, liabilities, expected revenue and so on. It shall also contain financial
estimate to complete the project and detailed roadmap towards arranging the
finances.
○ Construction Blue print determining the amount of construction work needed
to complete the project. Accordingly, detailed roadmap with timelines for completion
of work including selection of contractor.
○ Overall, Designated Resolution Panel with the help of Association of Allottees
shall prepare the detail blueprint for project completion.
○ The existing professionals attached to the MahaRERA Registered Project namely
Architect, Engineer, Chartered Accountant shall assist the said panel in the
preparation of the blue print”.

11. The aforesaid circular makes it clear that there are certain pre conditions the AOA
has to comply with before filing a complaint for revocation of the project registration
to the MahaRERA. Admittedly, all these preconditions have not been complied with
by the complainant AOA before filing of this complaint under the provisions of
sections 7 and 8 of the RERA. Hence, this complaint filed under the provisions of
sections 7 and 8 of the RERA seems to be premature.

12. In addition to this, after perusing the record, the MahaRERA has prima
facie noticed that this project known as “Village Residency” is one project
undertaken by the respondent on same layout. However, the respondent has
registered the same with the MahaRERA in 4 different phases under
MahaRERA project Registration Nos. P52100004279, P52100010458,
P52100005200 (present project) and P52100003154. The complainant AOA is
representing only the allottees of 2 projects viz P52100004279 and
P52100005200. It shows that the complainant AOA is not representing all


Complaint No. CC005000000279883


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the allottees of this project known as “ Village Residency”. Hence, it would
not be proper on the part of the complainant AOA to take over part portion of the
project for completion as on the record of the competent authority this is one project
(although registered in 4 different phases). It shows that the complainant has not
fulfilled required consent of 51% of the allottees of the project for filing of this
complaint for revocation of the said projects. Hence, even if this complaint is directed
to be transferred to the Secretary/MahaRERA, for want of the necessary compliance
of the aforesaid MahaRERA Circular No. 8 of 2019, even the Secretary/ MahaRERA
would not be in a position to take any further steps in this regard. Hence, the
directions issued by the MahaRERA during the hearing held on 14-03-2023 to refer
this complaint to the Secretary/MahaRERA is hereby recalled.

13. Considering these facts, the MahaRERA prima facie feels that the present
complaint is premature as on date in view of the aforesaid Circular No. 8 of 2019
dated 28-03-2019 issued by the MahaRERA for revocation of the MahaRERA
registration as sought by the complainant.

14. Consequently, the present complaint stands dismissed being premature.
However, liberty is granted to the complainant to comply with the prerequisites of
the MahaRERA Circular No. 8 of 2019 dated 28-03-2019 and taken appropriate
action accordingly.”

11. It shows that the aforesaid complaint filed by the AOP has been dismissed by
the MahaRERA being premature. However, liberty has been granted to the
AOP to take appropriate action as per aforesaid Circular No. 8/2019 dated 28-
03-2019 issued by the MahaRERA under section 7 and 8 of the RERA.

12. However, being aggrieved by the aforesaid order dated 14-07-2023 passed by
the MahaRERA, the AOP has filed this review application seeking review of
the said impugned order dated 14-07-2023 on various grounds.

13. During the course of first hearing, the AOP has pointed out to the para-no. 12
of the aforesaid order dated 14-07-2023, wherein it was wrongly recorded that


Complaint No. CC005000000279883


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this project is registered in 4 different phases. The AOP has mainly contended
that in fact this project was registered in two different phases and the other
two project registration numbers are wrongly mentioned in the aforesaid
para-no. 12 of the said order viz. P52100010458 and P52100003154. The said
project registration numbers are altogether obtained by the promoter for a
different project. Hence, it has prayed for necessary rectification in para- no.
12 of the said order dated 14-03-2023.

14. In addition to this, the AOP has also contended that the other complaint filed
by it bearing no. CC005000000106752 (filed in respect of the other phase of this
project viz. P52100004279) is pending for hearing before the MahaRERA.
Hence, the AOP also prayed to club this review application along with the
said
complaint no. CC005000000106752
filed by it.

15. However, on bare perusal of the available record, the MahaRERA has noticed
that the said
complaint no. CC005000000106752
was heard by the MahaRERA
on 21-11-2023, when the complainant therein (AOP) appeared and made its
submissions. After hearing the submissions made by the complainant therein
the following roznama was passed in the said complaint:-
“The complainants are present. The respondents are absent. In fact, the
respondents have never appeared before the MahaRERA and even before the
Conciliation Forum. The project has lapsed in December 2019 itself and it seems that
respondent no. 2 (which has registered this project with MahaRERA) has taken no
steps for renewing the registration of the project. The complainant has uploaded an
order dated 02-05-2023 of the Hon’ble High Court passed in Bail Application No. 332
of 2023. Vide para 5 of the said order, the respondent no. 2 has been granted one year’s
time period as per his undertaking to complete this project. In view of the above, this
matter is adjourned to a suitable date to provide such opportunity to respondent no.2
in view of the fact that the complainant herein is requesting for revocation of the
project registration issued in favour of the respondent no. 2 and to handover the


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project to the complainant-association (formed by the allottees of this project).
Accordingly, this matter is adjourned sine die. Meanwhile, the complainant may
apprise the MahaRERA about the developments if at all in the matter before the
Hon’ble High Court at Bombay.”

16. In the present case, since the promoter has neither appeared for the hearing
held in this review application nor has filed any reply to this review, the
MahaRERA sees no hesitation in granting the aforesaid two reliefs as sought
by the AOP at this interim stage. Moreso, the necessary corrections in para 12
of the impugned order dated 14-07-2023 as sought by the AOP seems to be a
factual error apparent on the face of the said order and the same can be
rectified by the MahaRERA even by exercising the powers under section 39 of
the RERA.

17. In view of these facts, the following order is passed:-
a) In para-no. 12 of the aforesaid impugned order dated 14-07-02023 the
following para starting from “In addition to this, after perusing the record,
the MahaRERA has prima facie noticed that this project known as
“Village Residency” is one project undertaken by the respondent on same
layout. However, the respondent has registered the same with the
MahaRERA in 4 different phases under MahaRERA project Registration
Nos. P52100004279, P52100010458, P52100005200 (present project) and
P52100003154. The complainant AOA is representing only the allottees of
2 projects viz P52100004279 and P52100005200. It shows that the
complainant AOA is not representing all the allottees of this project
known as “ Village Residency”. Hence, it would not be proper on the part of
the complainant AOA to take over part portion of the project for completion as on
the record of the competent authority this is one project (although registered in 4
different phases). It shows that the complainant has not fulfilled required consent
of 51% of the allottees of the project for filing of this complaint for revocation of


Complaint No. CC005000000279883


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the said projects.” stands deleted.
b) Rest of the order be read as it is.
c) The Registry of this bench is directed to club this review application along
with the other connected
complaint no. CC005000000106752
filed in
respect of the same project (although registered in two different phases).


(Mahesh Pathak)
Member – 1/MahaRERA