Complaint No. CC006000000334049
and 14 others

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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY
MUMBAI

1. Complaint No. CC006000000334049

Mr Shankar Kumar Jha and Mrs Meenu Shankar Jha

... Complainant

Versus

Supreme Construction and Developers Pvt Ltd


... Respondent

2. Complaint No. CC006000000354324

Hira Menghraj Jadhawani


... Complainant

Versus

Supreme Construction and Developers Pvt Ltd


... Respondent

3. Complaint No. CC006000000354421

Ramesh Narayan Deshpande


... Complainant

Versus

Supreme Construction & Developers Pvt Ltd


... Respondent

4. Complaint No. CC006000000354465

Mr Dilip Baburao Shinde and Mrs Dipika Dilip Shinde ... Complainant

Versus

Supreme Construction and Developers Pvt Ltd


... Respondent

5. Complaint No. CC006000000374782

Anil Gope Jagtiani


... Complainant

Versus

Supreme Construction and Developers Pvt Ltd


... Respondent

6. Complaint No. CC006000000374890

Mabel Jennifer Dharmai


... Complainant

Versus

Supreme Constructions and Developers Pvt Ltd
... Respondent

7. Complaint No. CC006000000375371

Naresh Parshottam Jumani


... Complainant

Versus

Complaint No. CC006000000334049
and 14 others

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Supreme Construction and Developers Pvt Ltd


... Respondent

8. Complaint No. CC006000000395469

Pandit Madhukar Kotiwale


... Complainant

Versus

Supreme Construction And Developers


... Respondent

9. Complaint No. CC006000000395582

Mrs Yasmin Siraj Panjwani


... Complainant

Versus

Supreme Construction and Developers Pvt Ltd


... Respondent

10. Complaint No. CC006000000395594

Mrs Yasmin Siraj Panjwani


... Complainant

Versus

Supreme Construction and Developers Pvt Ltd


... Respondent

11. Complaint No. CC006000000395979

Mr Dhananjay Vilas Karambelkar


... Complainant

Versus

M Supreme Constructions And Developers Pvt Ltd

... Respondent

12. Complaint No. CC006000000396022

Sunil Ramchandra Mundle


... Complainant

Versus

Supreme Construction and Developers Pvt Ltd


... Respondent

13. Complaint No. CC006000000396024

Pallavi Sunil Mundle


... Complainant

Versus

Supreme Construction and Developers Pvt Ltd


... Respondent

14. Complaint No. CC006000000397579

Prakash Chandra Lohia


... Complainant

Versus

Manulla Mehbullah Kanchwala


... Respondent


Complaint No. CC006000000334049
and 14 others

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15. Complaint No. CC006000000408110

Mohammed Razzak Shaikh and Sanjeedabano Mohd Razaq
... Complainant

Versus

Supreme Construction and Developers Pvt Ltd


... Respondent


MahaRERA Project Registration No. P52000006812


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

Ld.Adv. Godfrey Pimenta appeared for the complainants at Sr. Nos. 1,2,4 to 7, 9,
10, 12,13,15.
None appeared for the complainant at Sr. No. 3.
Ld. Adv. Mahendra appeared for the complainant at Sr. No. 8.
Ld. Adv. Kulsum i/b.Ld. Adv. Parth Chande appeared for the complainant at Sr.
No. 1.
The complainant in the complaint at Sr. No. 14, appeared in person.
None appeared for the respondent.


INTERIM ORDER


(Tuesday, 20th August 2024)

(Through Video Conferencing)


1. The complainants above named have filed these online complaints before the
MahaRERA seeking directions from MahaRERA to the respondent to refund
the entire amount paid along with interest and compensation / to handover
the possession and pay interest for the delayed possession as prescribed under
the provisions of the Real Estate (Regulation & Development) Act, 2016
(hereinafter referred to as ‘RERA’) in respect of the booking of a flats in the
respondent’s registered project known as “Clan City - Diamond” bearing


Complaint No. CC006000000334049
and 14 others

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MahaRERA project registration No. P52000006812
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 appeared and made
their respective submissions. However, despite the notice of hearing, the
respondent remained absent. The MahaRERA heard the arguments of the
complainants 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 possession of their flats
along with interest and compensation. 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 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.
P52000006812, the complaint bearing no. CC006000000570838 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


Complaint No. CC006000000334049
and 14 others

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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. CC006000000570838

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.

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. CC006000000570838 filed by the Clan One


Complaint No. CC006000000334049
and 14 others

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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