Complaint No. CC006000000193445
and 02 other Complaints

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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY, MUMBAI

1. Complaint No. CC006000000193445

Deven Haren Shah

Naina Haren Shah


... Complainants

Versus

Gopi Resorts Pvt Ltd
Sheltrex Karjat Pvt Ltd
Brick Eagle


... Respondents
Along with

2. Complaint No. CC006000000197478

Maria Carlos Dmello


... Complainant

Versus

Gopi Resort Private Limited
Sheltrex Karjat Private Limited


... Respondents
Along with

3. Complaint No. CC006000000220919

Heroish Fali Shroff


... Complainant

Versus

Sheltrex Karjat Private Ltd.,


... Respondent


MahaRERA Project Registration No. P52000004186


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

Ld. Adv. Varsha Kule i/b Ld. Adv. Anil D’Souza appeared for the
complainants at Sr. Nos. 1 and 2.
Ld. Adv. Vikramjeet Garewal appeared for the complainant at Sr. No. 3. .


Complaint No. CC006000000193445
and 02 other Complaints

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None appeared for the respondent.


INTERIM ORDER


(Monday, 14th August 2023)

(Through Video Conferencing)


1. The complainants above named have filed these 03 separate online
complaints before the MahaRERA on 11-07-2020, 07-07-2021 and 23-04-
2022 respectively mainly seeking directions from MahaRERA to the
respondent - promoter to refund the entire amount paid by them along
with interest and compensation as prescribed under the provisions of the
Real Estate (Regulation & Development) Act, 2016 (hereinafter referred
to as ‘RERA’) in respect of the booking of their respective flats / units (as
mentioned in the table below) in the respondent’s registered project
known as “Sheltrex Smart Phone City Project 1 - Phase III” bearing
MahaRERA registration No. P52000004186 located at Shirase, Karjat,,
Dist. Raigarh.

2. These complaints were clubbed together with other complaints filed
with respect to this project and the same were heard finally on 09-05-2023
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 complainants appeared and made their respective submissions.
However, despite the notice of hearing, the respondent remained absent.


Complaint No. CC006000000193445
and 02 other Complaints

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3. After hearing the arguments of the complainants, the following Roznama
was recorded in this complaint -
“The complainants are present. The respondents are absent. In fact,
the respondents had never appeared before the MahaRERA as
recorded in the previous hearing. Despite direction, the promoter is
also not present and the respondents have not filed any reply to the
complaints. The arguments of the complainants have already been
recorded in the previous hearing. The complainants wish to
withdraw from the project with refund along with interest and
compensation for the delay. Therefore, one week’s time i.e. till 15-05-
2023 is granted to the respondents to file their reply along with its
written arguments as a last chance. In case respondents do not file
any reply, the MahaRERA will be constrained to decide these
complaints ex parte against the respondents. The complainants may
file their rejoinder along with written arguments within a further
period of one week i.e. 23-05-2023 even if the respondents do not file
any reply. These matters are reserved for orders suitably after 23-05-
2023 based on the reply, rejoinder and written arguments of both
sides and the documents uploaded in the complaint. Vide an order
issued by NCLT in February 2023 as pointed out by a complainant in
the said project, IIRP has been appointed for the respondent
company and therefore this fact will also have to be taken into
account while issuing any orders by the MahaRERA.”

4. However, though the specific directions were issued to the respondent,
it has not uploaded any reply on record of MahaRERA. However, the
complainants at sr nos. 1 and 2 have uploaded the written submissions


Complaint No. CC006000000193445
and 02 other Complaints

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on record of MahaRERA on 9-06-2023. However, nothing has been
uploaded by the complainant at sr no. 3. The MahaRERA has perused the
available record.

5. In the present case, these complainants have filed these complaints
mainly seeking refund of the entire money paid by them along with
interest and compensation for the delayed possession under section 18 of
the RERA.

6. However, these complaints were heard by the MahaRERA on 09-05-2023
along with other 3 complaints filed with respect to this project registered
by the respondent no. 2 viz M/s. Sheltrex Karjat Private Limited earlier
known as M/s. Gopi Resort Private Limited (the respondent no. 1 in
complaints at sr nos. 1 and 2).

7. On that date the other complainants - allottees viz M/s. Ashok Kumar
and Rajbala Devi who have filed
Complaint No. CC006000000210453

before the MahaRERA have brought to the notice of MahaRERA that
proceeding under Insolvency and Bankruptcy Code, 2016 bearing

Complaint No. C
.P. No. 3126/MB/2019 has been filed against the
present respondent by M/s. Positive Rays Events Private Limited. In the
said complaint the National Company Law Tribunal (NCLT) was
pleased to pass an order on 01-02-2023. The said complainants have also
submitted the copy of the said order of NCLT on record of MahaRERA
along with their application for keeping their
complaint no.
CC006000000210453
in abeyance till final disposal of the said NCLT


Complaint No. CC006000000193445
and 02 other Complaints

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matter.

8. On bare perusal of the said order dated 01-02-2023 passed by the NCLT,
in favour of the Financial Creditor therein against the respondent no. 2
viz M/s. Sheltrex Karjat Private Limited (respondent which has
registered this project with the MahaRERA), the NCLT has thereby
admitted the said respondent herein into Corporate Insolvency
Resolution Process (CIRP) in accordance with the provisions of the
Insolvency and Bankruptcy Code, 2016.

9. In view thereof, as per para (d) of the said order, in view of section 14 of
the Code, mandating a moratorium on the institution and continuation
of legal proceedings against the Corporate Debtor in respect of which an
order of admission into CIRP has been passed by the Adjudicating
Authority, applies to the respondent herein. Hence, institution of suits or
continuation of pending suits or proceedings against the respondent
including execution of any

JUDGMENT

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

10. In the present case, the MahaRERA has noticed that the respondent
promoter viz. M/s. Sheltrex Karjat Private Limited has not uploaded the
said order dated 01-02-2023 passed by the NCLT being pending litigation
on MahaRERA website in respect of this project, which is mandatorily
required to be disclosed by the respondent under section 4 of the RERA.


Complaint No. CC006000000193445
and 02 other Complaints

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11. In view of the above, the MahaRERA cannot proceed to decide these
complaints filed against the respondent (M/s. Sheltrex Karjat Private
Limited) at this stage and hence, the present complaints are adjourned
sine die.

12. However, liberty is granted to the complainants to approach MahaRERA
after final disposal of the said insolvency proceeding pending against the
respondent if need be. The respondent viz M/s. Sheltrex Karjat Private
Limited is directed to disclose the said pending litigation of NCLT on
the MahaRERA website in this project registration number.


(Mahesh Pathak)
Member – 1/MahaRERA