Complaint No. CC006000000374787
& 6 Others

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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY
AUTHORITY, MUMBAI

1. Complaint No. CC006000000374787

Sunil Kumar Mehta


... Complainant

Versus

D. K. Realty (India) Pvt. Ltd.


... Respondent
Along with

2. Complaint No. CC006000000374795

Anjana Mehta


... Complainants

Versus

D. K. Realty (India) Pvt. Ltd.


... Respondent
Along with

3. Complaint No. CC006000000374798

Ayush Mehta


... Complainants

Versus

D. K. Realty (India) Pvt. Ltd.


... Respondent
Along with

4. Complaint No. CC006000000374803

Kshitij Mehta


... Complainants

Versus

D. K. Realty (India) Pvt. Ltd.


... Respondent

Along with


Complaint No. CC006000000374787
& 6 Others

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5. Complaint No. CC006000000374807

SunilKumar Mehta HUF


... Complainants

Versus

D. K. Realty (India) Pvt. Ltd.


... Respondent
Along with

6. Complaint No. CC006000000374872

Ayush Mehta


... Complainants

Versus

D. K. Realty (India) Pvt. Ltd.


... Respondent
Along with

7. Complaint No. CC006000000374873

Ayush Mehta


... Complainants

Versus

D. K. Realty (India) Pvt. Ltd.


... Respondent


MahaRERA Project Registration No. P51800000340


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

Pooja Chedda (Representative) appeared for complainant/s
None appeared for the respondent/s.


INTERM ORDER
(Wednesday, 12th June 2024)

(Through Video Conferencing)


Complaint No. CC006000000374787
& 6 Others

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1. The complainants above named have filed these 7 separate online complaints
before the MahaRERA on 16/03/2023 (Sr. No.1 to 5), and on 28/03/2023 (Sr.
No. 6 & 7) seeking directions from MahaRERA to the respondent - promoter
to execute agreement for sale, handover possession along interest and
compensation as prescribed under the provisions of the Real Estate
(Regulation & Development) Act, 2016 (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 “LIVSMART
KURLA” bearing MahaRERA registration No. P51800000340 located at Krula,
Dist. Mumbai Suburban.

2. These complaints were heard by the MahaRERA on 29/11/2023 and finally on
28/02/2023 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 29/11/2023 :
The complainants are present. The respondent is absent. The complainants
have filed these complaints for execution of the agreements for sale and
possession along with interest and compensation for delay. The complainants
have allotment letters dated 13-10-2018. Admittedly, the date of possession is
not mentioned in the said allotment letter of 13-10-2018. The details of the flat


Complaint No. CC006000000374787
& 6 Others

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booked as well as total consideration, consideration paid are as per the table
given below -

Sr. No.

Complaint No.
Details
of the
Flat Booked
Total Consideration
Consideration Paid

26. CC006000000374787
flats no's 702
and 703 in 4
wing
Rs. 99,18,720/- each
Rs. 1,24,18,720 (full
consideration for flat 702
and Rs.25,00,000 (703)

27. CC006000000374795

flats no's 801,
802, 803 and
1101 in 4 wing
Rs. 99,18,720 each for two
1 BHK flats and Rs
1,41,52,320 each for two 2
BHK flats
Rs.4,81,42,080/-

28. CC006000000374798
flats no's 804
and 1001 in 4th
wing
Rs. 1,41,52,320/-each
Rs. 2,83,04,640/-

29. CC006000000374803
flats no's 1002,
1003 and 1004
in 4 wing
Rs. 99,18,720 each for two
1 BHK flats and Rs
1,41,52,320 for one 2 BHK
flat
Rs.3,39,89,760/-

30. CC006000000374807

flats no's 1102,
GR02 and
GR04 in 4th
and 5th wing
Rs. 99,18,720/- each
Rs. 2,97,56,160/-

31. CC006000000374872
flat no 903 in
4th wing
Rs. 1,41,69,600/-
Rs. 2,97,56,160/-

32. CC006000000374873
flat no 101 in
5th wing
Rs. 1,41,69,600/-
Rs. 1,41,69,600/-

The respondent is directed to file its replies to these complaints within a
period of 4 weeks i.e., 27-12-2023. The respondent is also directed to initiate
the steps to extend the project registration which was lapsed in December

2021. The complainants may file rejoinder within a further period of 2 weeks
i.e., by 10-01-2024. In view of the above, these matters are adjourned to a
suitable date after 10-01-2024 for further hearing. List these matters for next
hearing on 28-02-2024.


Complaint No. CC006000000374787
& 6 Others

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ii)
On 28/02/2024 :
“The complainants are present. The respondent is absent. The details of
the bookings of the complainants have already been recorded in the previous
hearing on 29-11-2023. However, despite directions, the respondent has
neither filed any reply to these complaints nor has taken any steps to extend
the project registration. Therefore, the respondent is granted one last chance
to file reply to these complaints along with written arguments within a
period of 2 weeks i.e. by 13-03-2024. Further 2 weeks’ time i.e. till 27-03-2024
is granted to the complainants to file their rejoinder along with written
arguments in the complaints, even if the respondent does not file any reply.
In case the respondents do not file any reply / written arguments the
MahaRERA would be constrained to decide these matters ex-parte against
the respondent on merits. In view of the above, these matters are reserved
for orders suitably after 27-03-2024 based on the arguments of the
complainant as well as reply, rejoinder and written arguments filed in these
complaints.”

4. Despite the fact that last chance was granted to the respondent, it has failed
to upload any reply/ written arguments on record of MahaRERA. Further, the
complainants have also not uploaded any additional submissions on record of
MahaRERA as directed during the last hearing held on 28-02-2024. 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
association of allottees formed in this project viz LIV Smart Welfare
Association has filed Company Petition No. CP (IB) No.1170/MB-IV/2021
against the respondent promoter under Section 7 of the I&B Code, 2016
agitating claim of Rs.81,45,67,305.50/- against the respondent promoter.


Complaint No. CC006000000374787
& 6 Others

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6. From the available record, the MahaRERA has further noticed that on 15-11-
2022, the Hon’ble National Company Law Tribunal Mumbai (NCLT) has
passed an order in CP (IB) No.1170/MB-IV/2021 filed by LIV Smart Welfare
Association, 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 (a) (I) (a) of the said order passed by the NCLT
moratorium has already been ordered against the respondent promoter. In
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 association
formed by the allottees of the captioned project, 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


Complaint No. CC006000000374787
& 6 Others

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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