Complaint No. CC006000000197615


Complaint No. CC006000000303596


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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY
AUTHORITY, MUMBAI

1. Complaint No. CC006000000197615

Mrs. Rashmi Agrawal


... Complainant

Versus

Karrm Infrastructure Pvt. Ltd.


... Respondent
Along with

2. Complaint No. CC006000000303596

Vinayak Ramchandra Tari


... Complainants

Versus

Karrm Infrastructure Private Limited


... Respondent


MahaRERA Project Registration No. P51700007680


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

Ld. Adv. Ramesh Gogawat appeared for the complainant at sr. no.1.
The complainant at sr. no. 2 appeared in-person.
None appeared for the respondent/s.


ORDER
(Monday, 24th June 2024)

(Through Video Conferencing)


1. The complainants above named have filed these 2 separate online complaints
before the MahaRERA on 19/07/2021 (Sr. No.1) and on 28/12/2022 (Sr. No. 2)
seeking directions from MahaRERA to the respondent - promoter to refund
the entire amounts along interest and compensation as prescribed under the
provisions of the Real Estate (Regulation & Development) Act, 2016


Complaint No. CC006000000197615


Complaint No. CC006000000303596


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(hereinafter referred to as ‘RERA’) in respect of booking of their respective flats
(as mentioned in the table below) in the respondent - promoter’s registered
project known as “KARRM PANCHTATVA-3” bearing MahaRERA
registration No. P51700007680 located at Kasagaon, Dist. Thane.

2. These complaints were heard by the MahaRERA on 25/05/2023 (Sr.No.1),
03/08/2023(Sr.No.1), 09/11/2023 (Sr.Nos. 1&2) and finally on 15/02/2024
(Sr.Nos. 1&2) as per the Standard Operating Procedure dated 12/06/2020
issued by the MahaRERA for hearing of complaints through Video
Conferencing. Both the parties have been issued prior intimation of this
hearing. On the said dates of hearings, the parties have appeared as per their
appearances recorded in the Roznamas and made their respective
submissions. The MahaRERA heard the submissions of the parties as per their
appearances and also perused the available record.

3. After hearing the argument of both the parties, the following Roznamas were
recorded in these complaints -

i)
On 09/11/2023 (Sr.no.1) :
“Both the parties are present. The respondent has not appeared before this
Authority except in the conciliation forum. The respondent has also not filed
any reply to the complaint. The complainant has uploaded an amendment
application on 17-08-2023 praying for refund of the amounts paid as per the
agreement for sale of 23-08-2018. The date of possession mentioned in the
said agreement for sale was August, 2021. However, the project is still
incomplete. Therefore, the complainant prays for refund along with interest
and compensation for the delay. The respondent may file its reply to the
amended complaint within a period of three weeks i.e. till 30-11-2023 along
with written arguments. The complainant may file a rejoinder to the said


Complaint No. CC006000000197615


Complaint No. CC006000000303596


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reply of the respondent along with her written arguments within a further
period of three weeks i.e. by 21-12-2023 even if the respondent does not file
any reply. The matter is adjourned to a suitable date after 21-12-2023 for
final arguments by both sides. List the matter for next hearing on 15-02-
2024”.

ii)
On 09/11/2023 (Sr.no.2) :
“Both the parties are present. The respondent has mentioned during the
hearing that it would like to settle the matter with the complainant and
seeks time for the same. Meanwhile, the respondent is directed to file a reply
to the complaint within a period of three weeks i.e. by 30-11-2023. Further
three weeks time is granted to the complainant to file a rejoinder to the said
reply of the respondent i.e. till 21-12-2023. The matter is adjourned to a
suitable date after 21-12-2023 for further hearing and in the interest of an
amicable settlement. List the matter for next hearing on 15-02-2024.”

iii)
On 15/02/2024 (Sr.no. 1&2):
“Both the parties are present. In fact, the respondent has never appeared
before the MahaRERA except in the conciliation proceedings which failed.
The respondent has also not filed any reply to these complaints and is
granted one last chance to file its replies along with written arguments i.e.
till 22-2-2024. The complainants may file rejoinders along with their
written arguments within a period of one week i.e. by 29-2-2024 even if the
respondent does not file any reply or written arguments. Both the
complainants have prayed for refund along with interest and compensation
for delay. Admittedly, there is no date of possession mentioned in the
agreements for sale of 2018. However, the complainants have mentioned
that the respondent has orally promised possession within three years. In
view of the above, the matters are reserved for orders suitably after 29-2-


Complaint No. CC006000000197615


Complaint No. CC006000000303596


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2024 based on the arguments of the complainants and the replies, rejoinders
and written arguments filed in the complaints. In case, the respondent does
not file any replies or written arguments, the MahaRERA will be
constrained to decide these matters ex-parte against the respondent on
merits.”

4. However, despite to the aforesaid directions issued by the MahaRERA, neither
the respondent has filed any reply/written arguments in these complaints, nor
the complainants have not uploaded any rejoinder/ written arguments on
record of MahaRERA. Hence, the MahaRERA has perused the available
record.

5. However, in the present case on bare perusal of the website of Insolvency and
Bankruptcy Board of India, the MahaRERA has prima facie noticed that the
M/s. VSJ Investment Pvt Ltd has filed Company Petition No. CP (IB)
No.651/MB/2023 against the respondent promoter under Section 7 of the I&B
Code, 2016 agitating claim of Rs.290,84,45,956.84/- against the respondent
promoter.

6. From the available record, the MahaRERA has further noticed that on 29-02-
2024, the Hon’ble National Company Law Tribunal Mumbai (NCLT) has
passed an order in CP (IB) No. CP (IB) No.651/MB/2023 filed by M/s. VSJ
Investment Pvt Ltd , i.e., the Financial Creditor therein against the respondent
herein, thereby admitting the respondent herein into Corporate Insolvency
Resolution Process (CIRP) in accordance with the provisions of the Insolvency
and Bankruptcy Code, 2016.

7. Further, as recorded in para (d) of the said order passed by the NCLT
moratorium has already been ordered against the respondent promoter. In


Complaint No. CC006000000197615


Complaint No. CC006000000303596


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view thereof, as provided under section 14 of the Insolvency and Bankruptcy
Code, 2016, which mandates a moratorium on the institution and continuation
of legal proceedings against a Corporate Debtor (respondent herein) 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.

8. However, although the said company petition was filed by the M/s. VSJ
Investment Pvt Ltd , during the course of hearing, neither the complainants
nor the respondent have ever informed to MahaRERA about the aforesaid
order passed by the NCLT. However, the said crucial fact cannot be ignored
by the MahaRERA.

9. Be that as it may, in the present case, in view of the above, the MahaRERA
cannot proceed to decide these complaints against the respondent at this
stage and hence the present complaints are adjourned sine die. In the
meantime, the complainants may pursue their claim for refund before the
CIRP if they so desire.

10. 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.


(Mahesh Pathak)
Member – 1/MahaRERA