Complaint No. CC006000000375113


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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY
AUTHORITY, MUMBAI

1. Complaint No. CC006000000375113

Shobana Subramanian


...Complainant

Versus

Nirmal Lifestyle Kalyan Pvt Ltd


... Respondent

MahaRERA Project Registration No. P51700003554


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

The complainant appeared in person.
None appeared for the respondent.


INTERIM ORDER


(Thursday, 10th October 2024)

(Through Video Conferencing)


1. The complainant above named has filed this complaint before the
MahaRERA on 27-04-2023 mainly seeking directions from MahaRERA to the
respondent to refund the entire amount paid by her along with interest as
prescribed under the provisions of the Real Estate (Regulation &
Development) Act, 2016 (hereinafter referred to as ‘RERA’) in respect of
booking of a flat bearing No. 302, on 3rd floor ( hereinafter referred to as the
said flat) in the respondent’s registered project known as “Lifestyle City
Kalyan Riviera A” bearing MahaRERA registration no. P51700003554
located at Wadavali, Dist. Thane (hereinafter referred to as the said project).

2. This complaint was heard by the MahaRERA today as per the Standard


Complaint No. CC006000000375113


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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 complainant appeared and
made her submissions. However, despite the notice of hearing, the
respondent remained absent.

3. During the course of hearing today, the MahaRERA has noticed that the
respondent herein has uploaded a pursis on record of MahaRERA on 30-05-
2023 and has informed to the MahaRERA that the Hon’ble National
Company Law Tribunal, Mumbai has passed Order dated 16.06.2022 in CP
(IB) No. 1337/MB/2020 filed by one “SREI EQUIPMENT FINANCE
LIMITED,” i.e., the Financial Creditor therein against it, thereby admitting it
herein into Corporate Insolvency Resolution Process (CIRP) in accordance
with the provisions of the Insolvency and Bankruptcy Code, 2016. In view
of Section 14 of the said Code, a moratorium period on the institution and
continuation of legal proceedings against it has been passed by the NCLT on
16-06-2022. Hence, it has prayed to keep this complaint in abeyance till final
disposal of the said proceeding. The respondent has also submitted a copy
of the said order dated 16-06-2022 passed by the NCLT on record of
MahaRERA.

4. The MahaRERA has examined the submission made by respondent vide a
pursis filed on record of MahaRERA on 30-05-2023 and also perused the
order dated 16-06-2022 passed by the NCLT. On bare perusal of the said
order, it appears that the moratorium under section 14 of the I and B Code


Complaint No. CC006000000375113


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has already been ordered by the NCLT and 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. Moreover,
although an appeal is filed against the said order, as on date no

FINAL ORDER


has been passed in the said appeal. Hence, the MahaRERA cannot proceed
to decide this complaint against the respondent at this stage.

5. The fact has also been informed to the complainant during the course of
hearing. Accordingly, she was also informed to approach the IRP agitating
her claim for refund. The respondent is also directed to facilitate the
complainant in that regard.

6. In view of the above, the present complaint is adjourned sine die. However,
liberty is granted to the complainant to approach MahaRERA after final
disposal of the said insolvency proceeding pending against the respondent.
The respondent is also directed to update the complainant about the said
NCLT proceedings from time to time.

(Mahesh Pathak)
Member – 1/MahaRERA