Complaint No. CC006000000374839


━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 1 of 5
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━


BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY, MUMBAI

1. Complaint No. CC006000000195606

Gorachand Adhikari & Anr.


... Complainant/s

Versus

Era Realtors Private Limited & Anr.

... Respondent/s

2. Complaint No. CC006000000195607

Anuj Jalota and Anr.


... Complainant/s

Versus

Era Realtors Pvt. Ltd.


... Respondent/s

3. Complaint No. CC006000000195623

Vinay Nair and Anr


... Complainant/s

Versus

Era Realtors Pvt. Ltd.


... Respondent/s


MahaRERA Project Registration No. P51800010463


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

Ld. Adv. Vidya Nair appeared for complainants.
Ld. Adv. Namrata Powalkar appeared for the respondent.


INTERIM ORDER


(Thursday, 17th August 2023)

(Through Video Conferencing)


1. The complainants above named have filed these 3 separate complaints
seeking directions from MahaRERA for various reliefs under the
provisions of the Real Estate (Regulation & Development) Act, 2016
(hereinafter referred to as ‘RERA’) in respect of the booking of their


Complaint No. CC006000000374839


━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 2 of 5
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━

respective flats in the respondent’s registered project known as “Alta
Monte and Signet” bearing MahaRERA registration no. P51800010463
located at Borivali, Dist. Mumbai.

2. Since, these complaints were filed with respect to the same project, these
complaints were clubbed together and the same were heard finally on
20-04-2023 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 for the hearing and made
their submissions. MahaRERA heard the submissions of the parties and
also perused the available record.

3. After hearing the arguments of both the parties, the following Roznama
was recorded–
“Both the parties are present. The respondent has raised the issue of
maintainability of these complaints before MahaRERA on the grounds
that -
i) - these agreements for sale are signed prior to RERA
ii) - there is a specific clause in the agreement for sale executed between
the parties (clause no. 73) vide which in case of disputes the matter are to
be referred for arbitration
iii) - there is already an order passed in the said project by the Hon’ble
Chairperson, MahaRERA upholding the said stand of the respondent.


Complaint No. CC006000000374839


━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 3 of 5
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━

Therefore, the complainants are directed to file their rejoinder to the reply
of the respondent, specifically, on the above issues within a period of 2
weeks i.e. by 04-05-2023.
At the outset the MahaRERA had to decide the preliminary objection
raised by the respondent on the issue of maintainability of these
complaints. These matters are reserved for order on the issue of
maintainability suitably after 04-05-2023 based on the reply and rejoinder
of both the sides and the arguments made today.
The further course of hearing in these matters would be decided once such
an order is issued.”

4. Pursuant to the aforesaid directions issued by the MahaRERA, the
complainants have uploaded their rejoinder on record of MahaRERA on
8-05-2023. The respondent has also uploaded additional written
submissions on record of MahaRERA on 20-05-2023 (in complaint at sr
no. 1). The complainants have also uploaded their additional affidavit
cum rejoinder on record of MahaRERA on 26-06-2023. The said
submissions are accepted and taken on record in compliance of
principles of natural justice. The MahaRERA has perused the available
record.

5. In the present case, the MahaRERA has noticed that the respondent
promoter in this case by filing its reply to these complainants on record
of MahaRERA on 09-09-2022 has raised the preliminary issue of
maintainability of these complaints stating that in view of the arbitration
clause no. 73 of the agreements for sale duly signed by these
complainants, the present complaints filed by the complainants allottees
under the provisions of the RERA are not maintainable. Hence, it has


Complaint No. CC006000000374839


━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 4 of 5
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━

prayed to dismiss these complaints. To support its contentions the
respondent promoter has relied upon the order dated 14-01-2022 passed
by
the
Hon’ble
Chairperson/MahaRERA
in

Complaint
No.
CC006000000194835
by other allottees of this project viz Ayyaz Khan
and Saba Khan and the subsequent common order dated 1-12-2022
passed in 16 other connected complaints filed with respect to this project.
By the said orders, the said complaints were disposed of by the
MahaRERA and it was directed that the parties can file appropriate
proceeding under the Arbitration Act. The respondent seeks similar
order in these complaints as the same being filed under same project
registration number i.e. P51800010463.

6. However, the MahaRERA on bare perusal of the record has noticed that
the very first order passed by the Hon’ble Chairperson/MahaRERA
dated 14-01-2022 passed in the matter of Ayyaz Khan and Anr is being
challenged before the Hon’ble Appellate Tribunal in Appeal No.
AT006000000053554 filed by the said complainant-allottees on 19-01-

2022. It shows that the said very crucial issue as raised in these
complaints about the maintainability of these complaints in view of the
specific “arbitration clause mentioned in the agreement for sale executed
under the MOFA” is under consideration before the Hon’ble Appellate
Tribunal. Admittedly, the said order is passed in this particular project
and the decision in the said pending appeal has bearing in these
complaints. Moreover, as on date the MahaRERA cannot take any
divergent view in these complaints. In any case, the complainants have
also opposed the said preliminary issue raised by the respondent
promoter.


Complaint No. CC006000000374839


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

7. From the record it also shows that as per order dated 23-04-2023 passed
by the Hon’ble Appellate Tribunal, the said appeal is now adjourned for
final hearing and the same is kept high on board (HOB).

8. Considering these facts and in the fitness of justice, it would be just and
proper to wait for the decision of the Hon’ble Appellate Tribunal in the
aforesaid appeal while taking any decision in these complaints on the
issue of maintainability. Both the parties are directed to file an
application on record of MahaRERA once the said appeal is decided by
the Hon’ble Appellate Tribunal. Till then, the decision in these
complaints on the issue of maintainability is kept in abeyance.


(Mahesh Pathak)
Member – 1/MahaRERA