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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY
MUMBAI

Mr. Sukhdeep Singh Mahe


... Complainant

Versus

M. Supreme Constructions and Developers & Ors.

... Respondent

2. Complaint No. CC006000000251865

Mr. Jagadish Shantkumar Gujari


... Complainant

Versus

M. Supreme Construction and Developers Pvt. Ltd.

... Respondent

3. Complaint No. CC006000000292327

Prakash Bhaiyaram Jaiswal


... Complainant

Versus

Supreme Construction & Developers


... Respondent

4. Complaint No. CC006000000354347

Mrs Liji Navin Mehta and Mr Navin Dinesh Mehta

... Complainant

Versus

Supreme Construction and Developers Pvt Ltd


... Respondent

5. Complaint No. CC006000000374855

Abhijit Vaman Kadam


... Complainant

Versus

Supreme Construction and Developers Private Limited & ORS ... Respondent

6. Complaint No. CC006000000375010

Mr Sudeep D Patil and Mr Dattaram H Patil


... Complainant

Versus

Supreme Construction and Developers Pvt Ltd


... Respondent

7. Complaint No. CC006000000375234

Mohtasim Mushtaque Khot


... Complainant

Versus

Complaint No. CC006000000251780
& 13 Ors

1. Complaint No. CC006000000251780


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Supreme Construction and Developers Pvt Ltd


... Respondent

8. Complaint No. CC006000000375310

Mr Lalit Kumar and Mrs Madhu Singh


... Complainant

Versus

Supreme Construction and Developers Pvt Ltd


... Respondent

9. Complaint No. CC006000000375352

Amit Vaman Kadam


... Complainant

Versus

messrs Supreme Constructions and Developers


... Respondent

10. Complaint No. CC006000000375380

Amit Vaman Kadam


... Complainant

Versus

Supreme Constructions and developers


... Respondent

11. Complaint No. CC006000000395876

Mrs Jalla Aruna and Mr Jalla Narsimha Rao


... Complainant

Versus

Supreme Construction and Developers Pvt Ltd


... Respondent

12. Complaint No. CC006000000396905

Niraj Kumar Ahirwar


... Complainant

Versus

Supreme Construction and Developers Pvt Ltd


... Respondent

13. Complaint No. CC006000000396965

Mohit Malviya


... Complainant

Versus

Supreme Construction and Developers Pvt Ltd


... Respondent

14. Complaint No. CC006000000397005

Pavitra Deviprasad Shetty


... Complainant

Versus

Supreme Construction and Developers Pvt Ltd


... Respondent

Complaint No. CC006000000251780
& 13 Ors

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MahaRERA Project Registration No. P52000003175


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

Ld. Adv. Kulsum Idrissi i/b Ld. Adv. Parth Chande appeared for the
complainants at Sr. No. 1 and 2.
The complainant in Sr. No. 3, appeared in person.
Ld. Adv. Godfrey Pimenta appeared for the complainants at Sr. No. 4, 6, 7, 8, 11,
12, ,13 and 14
Ld. Adv. Nitin Vatkar appeared for the complainant at Sr. No. 5.
None appeared for the complainants at Sr. No. 9 and 10.
None appeared for the respondent.


INTERIM ORDER


(Wednesday, 24th July 2024)

(Through Video Conferencing)


1. The complainants above named have filed these separate online complaints
before the MahaRERA seeking directions from MahaRERA to the respondent
to i) handover the possession and to pay interest for the delayed possession
and ii) to refund the entire amount paid along with interest and compensation
(as applicable) as prescribed under the provisions 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 Topaz” bearing
MahaRERA project registration
No. P52000003175
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

Complaint No. CC006000000251780
& 13 Ors

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prior intimation of this hearing and they were also informed to file their
written submissions if any. Accordingly, the complainants 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 perused 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 various reliefs
as provided under section 18 of the RERA toward possession of their flats
along with interest and compensation /refund of the entire money paid by
them along with interest and compensation (as applicable). 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 respective flats as
per the agreements for sale.

4. However, during the course of hearing , the MahaRERA has noticed that in
this particular phase of the project having project registration no.
P52000003175, the complaint bearing no. CC006000000580851 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

Complaint No. CC006000000251780
& 13 Ors

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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.
CC006000000580851
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 in 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 for such clubbing of all these complaint with the complaint filed by
the said society.

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. CC006000000580851 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

Complaint No. CC006000000251780
& 13 Ors

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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.
d) The
complainants
at
Sr.
Nos.
4
(CC006000000354347),
5
(CC006000000374855), 7 (CC006000000375234), 8(CC006000000375310) and
10 (CC006000000375380) are directed to upload the copies of the
agreements for sale on the MahaRERA website in their respective
complaints before the next date of hearing.

(Mahesh Pathak)
Member – 1/MahaRERA


Complaint No. CC006000000251780
& 13 Ors