Non – Execution Application in

Complaint No. CC006000000110738
and CC006000000110741

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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY
MUMBAI

Complaint No. CC006000000110738

M/s Thirumalai Marketing And Investments Ltd.

... Complainant

Versus

K D Lite Developers Pvt. Ltd.
Dinesh Keshavji Patel


... Respondents
Along with

Complaint No. CC006000000110741

M/s Thirumalai Marketing And Investments Ltd.

... Complainant

Versus

K D Lite Developers Pvt. Ltd.
Dinesh Keshavji Patel


... Respondents

MahaRERA Project Registration No. P51800004525


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

Ld. Adv. Yasmin Tawaria appeared for the complainant.
Ld. Adv. Abir Patel appeared for the respondent.


INTERIM ORDER


(Tuesday, 02nd January 2024)

(Through Video Conferencing)


1. The complainant above named has filed these applications for non – execution
of the common

FINAL ORDER

dated 24-12-2020 passed by the MahaRERA in the
aforesaid complaints filed with respect to the project registered by the
respondent with MahaRERA. By the said order these complaints were
disposed of with the directions to the respondents to execute the agreements
for sale of office no. 3 and 6 of Midas KD Lite Business Tower situated at

Non – Execution Application in

Complaint No. CC006000000110738
and CC006000000110741

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Chembur within a period of one month from this Order. The respondent was
also directed to pay Rs. 20,000/- to the complainant towards the cost of each
complaint.

2. These non – execution applications were heard by the MahaRERA on 04-12-
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, both the parties
appeared and made their respective submissions. The MahaRERA heard the
arguments of both the parties and also perused the available records.

3. After hearing the submissions of both the parties, the following Roznama was
recorded in these execution applications –
“Both the parties are present. The present matters relate to the non-
execution applications filed by the complainants on 12-07-2021 against the
order of the Ld. Erstwhile Member-2/MahaRERA dated 24-12-2020. In the
previous hearing, the respondent-promoter has pointed out that it has filed
a review application before the MahaRERA on 7-5-2021. The copy of the
review application was served on the complainant, who has also filed its
reply on 12-07-2021. However, despite efforts of the registry, the MahaRERA
has no record of such a review application either a physical copy or any
email or any online filing. Therefore, the respondent-promoter is directed to
upload the proof of filing review application within a period of one week i.e.
by 11-12-2023 and is also directed towards the Regulation 36 of the
MahaRERA (General Regulations 2017) regarding the method of filing any
review application before the MahaRERA. The future course of action in
these non execution applications will be decided suitably after 11-12-2023

Non – Execution Application in

Complaint No. CC006000000110738
and CC006000000110741

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once the respondent-promoter uploads proof of having filed the review
application.”

4. Pursuant to the aforesaid directions issued by the MahaRERA, the respondent
has forwarded an email dated 12-05-2021 at 2.16 pm sent to the concerned staff
of the Ld. Erstwhile Member-2/MahaRERA on her email address i.e.
legalasst2@maharera.mahaonline.gov.in. whereby it has filed the said review
applications before the MahaRERA. The said email sent to the registry of the
Bench on 14-12-2023 at 1.42 P.M.

5. It shows that the submission made by the respondent herein about filing of the
said review applications against the original common order dated 24-12-2020
passed by the Ld. Erstwhile Member-2/MahaRERA in these complaints seems
to be genuine.

6. In the present case the record also shows that these non-execution applications
were referred to this Bench, since the Bench of Ld. Member-2/MahaRERA was
then vacant and that too due to pendency of the said review applications filed
by the respondent.

7. However, now these review applications filed against the order of L. Member-
2/MahaRERA cannot be heard and decided by this bench as per law.
Ostensibly because , it will have to be reviewed by the same authority which
has decided the matter.

8. In view of the above facts, these non-execution applications stand transferred
to Ld. Member-2/MahaRERA for taking appropriate decision on the aforesaid

Non – Execution Application in

Complaint No. CC006000000110738
and CC006000000110741

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review applications filed by the respondent through an email. The Registry is
directed to take further action accordingly.


(Mahesh Pathak)
Member – 1/MahaRERA