Complaint nos
. CC006000000209739 and 3 Other complaints

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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY, MUMBAI

1. Complaint No. CC006000000209739

Sandeep R. Jain


… Complainant

Versus

Heritage Housing Corporation


Kersi Jamshed Randeria
… Respondents
Along with

2. Complaint No. CC006000000209740

Mithalal Duggad


… Complainant

Versus

Heritage Housing Corporation


Kersi Jamshed Randeria
… Respondents

3. Complaint No. CC006000000209743

Dipika Poonamchand Jain


… Complainant

Versus

Heritage Housing Corporation


Kersi Jamshed Randeria
… Respondents

4. Complaint No. CC006000000209745

Nitin Kumar Virdichand Nahar


Gauri Nitinkumar Nahar


… Complainants

Versus

Heritage Housing Corporation


Kersi Jamshed Randeria
… Respondents


MahaRERA Project Registration No. P51800009207


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

Ld. Adv. Dhrumil Shah appeared for the complainants.
None appeared for the respondents.


Complaint nos
. CC006000000209739 and 3 Other complaints

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INTERIM ORDER


(Tuesday, 24th September, 2024)

(Through Video Conferencing)


1. The complainants above named have filed these 4 separate online complaints
before the MahaRERA on 24-01-2022 seeking directions from MahaRERA to the
respondents to execute the agreement for sale, to handover the possession and
to pay interest and compensation for the delayed possession as prescribed
under the provisions of sections 13 and 18 of the Real Estate (Regulation &
Development) Act, 2016 (hereinafter referred to as ‘RERA’) in respect of the
booking of their respective flats / units in the respondents’ registered project
known as “Heritage Ahura Residency,” bearing MahaRERA registration No.
P51800009207 located at Ghatkopar West, Mumbai.

2. These complaints were clubbed together and the same were heard by the
MahaRERA on 02-07-2024 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 the hearing.
Accordingly, the complainants and the respondent no. 1 appeared and made
their submissions. However, despite notice, the respondent no. 2 remained
absent.

3. After hearing the submissions made by the complainants and the respondent
no. 1, the following roznama was passed in these complaints on 02-07-2024:-
“The complainants are present. The respondent no. 1 is present.
The complainants are directed to upload the copies of their allotment letters
in the complaints and serve the copies of complaints along with the reply of
the respondent no. 2 and their rejoinder to the replies of the respondent no. 1
and the respondent no. 2, on respondent no. 1 within a period of 3 weeks i.e.


Complaint nos
. CC006000000209739 and 3 Other complaints

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by 23-07-2024. Further both the respondents are directed to file their reply /
sur-rejoinders, if any within a further period of 3 weeks i.e. by 13-08-2024.
The respondents are also directed to clarify-
i) whether the commencement certificate for the project is valid,
ii) steps taken to seek an extension in the project which has lapsed in
December 2023,
iii) to clarify which wings are the free-sale wings and which are the slum
rehab wings as the allotment letters of the complainants are of B Wing (Sr.
No. 2 -CC006000000209739), D Wing (Sr. No. 3 CC006000000209740 and 4-
CC006000000209743) and A Wing (Sr. No. 5- CC006000000209745).
The arguments of the respondent no. 1 have already been recorded in the
complaints. Although, the respondent no. 2 appeared in the hearings, other
than an application for time to file reply dated 18-09-2023, the respondent
no. 2 has not filed any reply / other document in the complaint.
The matter is adjourned to a suitable date after 13-08-2024 for final
arguments by all the sides. List the matter for next hearing on 24-09-2024.
The Registry is also directed to verify the commencement certificate and
project registration, specifically as to who has the login credentials etc.

4. Accordingly, these complaints were heard by the MahaRERA today when the
complainants appeared and made their submissions. However, the
respondents, despite notice, have failed to appear for the hearing today.

5. During the course of hearing, on bare perusal of the available records, the
MahaRERA has noticed that the respondent no. 2 (who is a proprietor of one
M/s. Ambaji Construction) has registered this project with the MahaRERA. He
is also a promoter on the record of concerned competent authority viz. the SRA.
Further, by virtue of the joint venture agreement signed on 11-07-2014 by and
between both the respondents, the respondent no. 1 has also been shown as a
co-promoter having area share in this project.


Complaint nos
. CC006000000209739 and 3 Other complaints

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6. Further, as recorded in the aforesaid roznama dated 02-07-2024, it appears that
the last commencement certificate endorsed on 06-08-2018 by the SRA
(competent authority) is no longer valid as the same is not revalidated. Further,
the SRA has terminated the appointment of respondent no. 2 ( M/s. Ambaji
Construction) as a developer of the said S.R. Scheme vide an order dated 14-11-
2019 passed under section 13(2) of the Slum Areas (I,C & R) Act, 1971.
However, the respondent no. 2 has unilaterally terminated the said joint
venture dated 11-07-2014 signed with the respondent No. 1 by issuing
termination notice dated 5-08-2020 and against such termination, it seems that
the respondent no. 1 has filed an Arbitration Petition (L) No. 3306 of 2020 before
the Hon’ble Bombay High Court.

7. However, from the record, it is not clear whether the said dispute between
respondent nos. 1 and 2 has reached any finality before the Hon’ble High
Court. In addition to this, the MahaRERA has also noticed that the project
registration has also lapsed on 29-12-2023 and the respondents have not
obtained extension from the MahaRERA.

8. In view of the above, the MahaRERA prima facie feels that, unless the said
issues i.e. i) SRA appoints/confirms a new promoter for the project following
its order dated 14-11-2019 ii) the last CC dated 6-08-2018 is validated in the
name of the promoter and iii) subsequently the said promoter has extended the
project registration lapsed on 29-12-2023 by filing an application before the
MahaRERA are resolved, the substantive prayer/relief sought of the
complainants under section 13 of the RERA for execution of the registered
agreements for sale, cannot be granted in these complaints at this stage.

9. In view of the above, the MahaRERA feels it just and proper to adjourn these


Complaint nos
. CC006000000209739 and 3 Other complaints

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complaints sine die till the above issues are resolved.

10. However, in the present case, the MahaRERA has also noticed that as recorded
in the roznama dated 16-04-2024, the MahaRERA has already granted interim
reliefs in favour of these complainants by passing order against the
respondents thereby restraining them from creating any third party rights in
respect of the allotments done in favour of these complainants, till these
complaints are decided. Hence, no further direction/order is required to be
passed in that regard. Therefore, the respondents are directed to follow the said


INTERIM ORDER

till the final disposal of these complaints.

11. The complainants are at liberty to approach the MahaRERA once the issues, as
mentioned at para- no. 8 above, are resolved.


(Mahesh Pathak)
Member – 1/MahaRERA