Complaint No. CC006000000251800
and 31 Other complaints

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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY
MUMBAI

1. Complaint No. CC006000000251800

Mr. Shrawan Kumar Yadav and Mrs. Suman Devi

... Complainant

Versus

M. Supreme Construction and Developers Pvt. Ltd.

... Respondent

2. Complaint No. CC006000000303735

Mr. Nitu Hariprasad Singh and Ms. Radha Singh

... Complainant

Versus

M. Supreme Construction and Developers Pvt. Ltd.

... Respondent

3. Complaint No. CC006000000333804

Vijayee Vikrant Soni


... Complainant

Versus

Manulla Mehbullah Kanchwala


... Respondent

4. Complaint No. CC006000000333915

Mr Eknath Dhondibhau Thorat


... Complainant

Versus

Supreme Construction and Developers Pvt Ltd


... Respondent

5. Complaint No. CC006000000333950

Vinay Gopalji Gajra


... Complainant

Versus

Supreme Construction and Developers Pvt Ltd


... Respondent

6. Complaint No. CC006000000334050

Mrs Samruddhi Santosh Kate and
Mr Santosh Ramchandra Kate


... Complainants

Versus

Supreme Construction and Developers Pvt Ltd


... Respondent

7. Complaint No. CC006000000334088

Roma Haresh Kataria


... Complainant


Complaint No. CC006000000251800
and 31 Other complaints

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Versus

Supreme Construction and Developers Private Limited
... Respondent

8. Complaint No. CC006000000344166

Vaishali Prakash Sable


... Complainant

Versus

Supreme construction and developers pvt ltd


... Respondent

9. Complaint No. CC006000000344197

Karunendra Singh Sachan


... Complainant

Versus

Supreme Construction and Developers Pvt Ltd


... Respondent

10. Complaint No. CC006000000354379

Mr Priyank Pavan Nanda and Mr Pavan Nanda

... Complainants

Versus

Supreme Construction and Developers Pvt Ltd


... Respondent

11. Complaint No. CC006000000354417

Pradip Sable


... Complainant

Versus

Supreme Construction And Developers Pvt Ltd


... Respondent

12. Complaint No. CC006000000364530

Anita Pradeep Kumar Jaiswal


... Complainant

Versus

Supreme Construction and Developers Pvt Ltd


... Respondent

13. Complaint No. CC006000000364533

Anil Kumar Jaiswal and Suman Jaiswal


... Complainants

Versus

Supreme Construction and Developers Pvt Ltd


... Respondent

14. Complaint No. CC006000000364598

Rekha Bhagwandas Narang and
Bhagwandas Choithiram Narang


... Complainants


Complaint No. CC006000000251800
and 31 Other complaints

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Versus

Supreme Construction and Developers Pvt Ltd


... Respondent

15. Complaint No. CC006000000374938

Mr Imran Layak Shaikh And Mrs Shagufta Imran Shaikh
... Complainants

Versus

M. Supreme Construction And Developers Pvt Ltd

... Respondent

16. Complaint No. CC006000000375063

Roopa santosh Palve and Santosh Narayan Palve

... Complainants

Versus

Supreme Construction and developers Pvt Ltd


... Respondent

17. Complaint No. CC006000000375078

Akhilesh R Sharma


... Complainant

Versus

Supreme Construction and Developers Pvt Ltd


... Respondent

18. Complaint No. CC006000000375104

Mr Parag Prakash Jadhav


... Complainant

Versus

Supreme Constructions and Developers Pvt Ltd

... Respondent

19. Complaint No. CC006000000395695

Mr Vilas Krishna Dhopte and Mrs Jayashree Vilas Dhopte
... Complainants

Versus

Supreme Construction and Developers Pvt Ltd


... Respondent

20. Complaint No. CC006000000395784

Capt Royce Fernandes Mrs Florinda Royce Fernandes

... Complainants

Versus

M. Supreme Construction And Developers Pvt Ltd

... Respondent

21. Complaint No. CC006000000395814

Mr Pradeep Thangavelu Vaniyan and
Mrs Krishnapriya Prdeep Vaniyan


... Complainant


Complaint No. CC006000000251800
and 31 Other complaints

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Versus

Supreme Construction and Developers Pvt Ltd


... Respondent

22. Complaint No. CC006000000395905

Asha Vijay Kanal


... Complainant

Versus

Supreme Construction and Developers Pvt Ltd


... Respondent

23. Complaint No. CC006000000395980

Mr Dhananjay Vilas Karambelkar


... Complainant

Versus

M Supreme Construction And Evelopers Pvt Ltd
... Respondent

24. Complaint No. CC006000000396549

Jay Shankar Prasad Singh


... Complainant

Versus

M Supreme Construction And Developers Pvt. Ltd.

... Respondent

25. Complaint No. CC006000000396590

Paromita Bhattacharya


... Complainant

Versus

Supreme Constructions & Development Pvt Ltd.
... Respondent

26. Complaint No. CC006000000397154

Sameer Barkat Ali Unia


... Complainant

Versus

Supreme Construction And Developer Pvt Ltd


... Respondent

27. Complaint No. CC006000000397175

Vasundhara Joshi


... Complainant

Versus

Supreme Construction and Developers Pvt Ltd


... Respondent

28. Complaint No. CC006000000397233

Manila Kumari


... Complainant

Versus

Complaint No. CC006000000251800
and 31 Other complaints

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Swarnakanta Ramsheran Bhalla


... Respondent

29. Complaint No. CC006000000397328

Shailendra Kumar Mittal and Asha Mittal


... Complainants

Versus

Supreme Construction and Developers Pvt Ltd


... Respondent

30. Complaint No. CC006000000397356

Anindita Deogharia


... Complainant

Versus

Supreme Construction and Developers Private Limited
... Respondent

31. Complaint No. CC006000000397524

Anil Sudhakar Unhawane


... Complainant

Versus

Supreme Construction & Developers Pvt. Ltd.


... Respondent

32. Complaint No. CC006000000429057

Laveena S Gangwani


... Complainant

Versus

Supreme Construction and Developers Pvt Ltd


... Respondent

MahaRERA Project Registration No. P52000003118


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

Ld. Adv. Kulsum Idrisi i/b Ld. Adv. Parth Chande appeared for the
complainants in Sr. Nos. 1, 2, 15, 20 and 23.
Ld. Adv. Godfrey Pimenta appeared for the complainants in Sr. Nos. 4, 5, 6, 9, 10,
12, 13, 14, 16 to 19, 21, 22, 27 to 29, 31 and 32.
Ld. Adv. Avinash Pawar appeared for the complainant in Sr. No. 7.
Ld. Adv. Snighda Jadhav appeared for the complainant in Sr. No. 24.
Ld. Adv. Chandresh Tiwari appeared for the complainant in Sr. No. 26.
The complainants at Sr. Nos. 3, 25 and 30 appeared in person.
None appeared for the complainants in Sr. Nos. 8 and 11.
None appeared for the respondent/s.


Complaint No. CC006000000251800
and 31 Other complaints

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INTERIM ORDER


(Through Video Conferencing)


1. The complainants above named have filed these 32 separate online complaints
before the MahaRERA seeking various reliefs against the respondent/s as
prescribed under the provisions of section 18 of the Real Estate (Regulation &
Development) Act, 2016 (hereinafter referred to as ‘RERA’) in respect of the
booking of their respective flats in the respondent’s registered project known
as “Clan City Emerald” bearing
MahaRERA project registration No.
P52000003118
located at Taloja, Dist. Raigarh.

2. These complaints were heard by the MahaRERA today 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 (except in sr.nos. 8
and 11) appeared and made their submissions. However, despite the notice of
hearing, the respondent remained absent. The MahaRERA heard the
arguments of the complainants and also pursued the available record.

3. In the present case, on bare perusal of the record, it appears that the
complainants herein have filed these complaints mainly seeking reliefs as
provided under section 18 of the RERA towards the refund of the amount paid
/ to handover the possession along with interest and compensation for delay.
The complainants have raised these complaints mainly on account of the
alleged delay on the part of the respondent in handing over possession of their
(Tuesday, 13th August 2024)


Complaint No. CC006000000251800
and 31 Other complaints

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respective flats as per the agreements for sale signed with them by the
respondent promoter on different dates.

4. However, during the course of hearing, the MahaRERA has noticed that in
this particular phase of the project having project registration no.
P52000003118, the complaint bearing no. CC006000000580854 has been filed by
one Kanchan Sharma, (Secretary of Clan One Society) seeking reliefs under
section 7 of the RERA for revocation of the project registration granted in
favour of the respondent promoter. The said complaint was heard by the
MahaRERA on 22-07-2024, when certain directions were issued to the said
complainant. It is pertinent to note that, ostensibly, one society has been
formed for the entire project which has been registered in total 9 different
phases with 9 separate project registration numbers.

5. In this regard, it is pertinent to peruse the MahaRERA Circular no. 8 of 2019
dated 28-03-2019, which deals with the procedure laid down by the
MahaRERA for action which needs to be taken by the association of the
allottees under section 7 and 8 of the RERA. In the said circular , the
MahaRERA has put one condition therein : “While a complaint under Section
7 or 8 is being heard by Chairperson/ Member' all other pending complaints
including complaints under section 7, against that project shall be brought
under the same Chairperson / Member. Further complaints received for the
same project shall be clubbed together and be heard along with other
complaints of revocation.”

6. In view of the aforesaid guidelines issued by the MahaRERA vide the said
MahaRERA Circular No. 8/2019 dated 28-03-2019, it would be just and proper
to club these complaints along with the said
complaint no. CC006000000580854


Complaint No. CC006000000251800
and 31 Other complaints

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filed by the said registered society formed by the allottees of this project for
revocation of this project registration. Needless to state here that the said
complaint filed by the society has bearing on these complaints.

7. The aforesaid facts have been informed to the complainants who appeared
during the course of hearing. However, the complainants have also not
objected to such clubbing of all these complaints with the complaint filed by
the said society bearing no. CC006000000580854.

8. In view of these facts, the following order is passed:-
a) The registry of this bench is directed to club these complaints along with
the other complaint bearing no. CC006000000580854 filed by the Clan One
Society through its Secretary viz Kanchan Sharma and list the same for
next hearing as per the seniority of these complaints.
b) The respondent promoter is again directed to file its reply to these
complaints within a period of two weeks from the date of this order (if
not filed so far).
c) Both the parties are directed to complete the pleadings before the next
date of hearing.


(Mahesh Pathak)
Member – 1/MahaRERA