Complaint No. CC006000000344198
and 9 Other Complaints

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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY
MUMBAI

1. Complaint No. CC006000000344198

Mr Madan Singh Bhandari


... Complainant

Versus

Supreme Construction and Developers Pvt Ltd


... Respondent

2. Complaint No. CC006000000354470

Madhuri Kamlesh Dubey and Kamlesh R Dubey

... Complainant

Versus

Supreme Construction and Developers Pvt Ltd


... Respondent

3. Complaint No. CC006000000364591

Akhilesh Raj Parashar


... Complainant

Versus

Supreme Construction and Developers Pvt Ltd


... Respondent

4. Complaint No. CC006000000374819

Mr Vishwanath R Singh And Mrs Indu V Singh


... Complainant

Versus

M/S Supreme Construction And Developers Pvt Ltd

... Respondent

5. Complaint No. CC006000000375095

Mr Kuldeep Kumar Sharma and Mrs Shikha Sharma

... Complainant

Versus

Supreme Construction and Developers Pvt Ltd


... Respondent

6. Complaint No. CC006000000395886

Nirmala Mustafa Momin


... Complainant

Versus

M/s Supreme Construction and Developers Lvt Ltd

.. Respondent

7. Complaint No. CC006000000396045

Rohan Mahendra Sheth and Rekha Rohan Sheth

... Complainant

Versus

Complaint No. CC006000000344198
and 9 Other Complaints

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Supreme Construction and Developers Pvt Ltd


... Respondent

8. Complaint No. CC006000000396219

Syed Masood Ahmed


... Complainant

Versus

Supreme Construction and Developers Pvt Ltd


... Respondent

9. Complaint No. CC006000000396827

Palak Mukesh Rathod


... Complainant/s

Versus

Supreme Construction and developer Pvt Limited

... Respondent/s

10. Complaint No. CC006000000408112

Yashodha Prakash Pillai


... Complainant

Versus

Supreme Construction and Developers Pvt Ltd


... Respondent/s

MahaRERA Project Registration No. P52000004376


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

Ld. Adv. Shalu Pathak appeared for the complainants at Sr. Nos. 1, 2, 3, 5, 7, 8 &

10. Ld. Adv. Kulsum Idrissi appeared for the complainant at Sr. No. 4.
None appeared for the complainant at Sr. No. 9.
None appeared for the respondent.

ORDER
(Wednesday, 30th October 2024)

(Through Video Conferencing)


1. The complainants above named have filed this online complaint before the
MahaRERA seeking directions from MahaRERA to the respondent for refund
of the entire amount paid with interest (in the complaints at Sr. Nos. 3 and 4)
and to handover the possession along with interest/compensation for the


Complaint No. CC006000000344198
and 9 Other Complaints

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delayed possession (in the complaints at Sr. Nos. 1, 2, 5 to 10) 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 - Turquoise” bearing
MahaRERA project registration No.
P52000004376
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 the
complainant at Sr. No. 9) appeared and made their submissions. However,
despite the notice of hearing, the respondent remained absent. The MahaRERA
heard the arguments of the complainant and pursued the available record.

3. In the present case, on bare perusal of the records, it appears that the
complainants herein have filed these complaints mainly seeking various reliefs
as provided under section 18 of the RERA toward the refund of the amount
paid along with interest / for possession along with interest and
compensation for the 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 respective flats as per their agreements for
sale.

4. However, during hearing, the MahaRERA has noticed that in this particular
phase of the project having project registration no. P52000004376, the
complaint bearing no. CC006000000580848 has been filed by one Kanchan


Complaint No. CC006000000344198
and 9 Other Complaints

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Sharma, (Secretary of Clan One Society) seeking reliefs under sections 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. CC006000000580848

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 hearing. However, the complainants have also not objected to such


Complaint No. CC006000000344198
and 9 Other Complaints

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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. CC006000000580848 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