Complaint No. CC006000000397776

CC006000000429032

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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY
MUMBAI

1. Complaint No. CC006000000397776

Balu Daiwan Tonde


... Complainant

Versus

Supreme Construction and Developers Pvt Ltd & Ors.
... Respondent

2. Complaint No. CC006000000429032

Pramod Murlidhar Jadhavar


... Complainant

Versus

Supreme Construction and Developers Pvt Ltd


... Respondent

MahaRERA Project Registration No. P52000003087


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

Ld. Adv. Shalu Pathak i/b Adv. Godfrey Pimenta appeared for the complainants.
None appeared for the respondent.

ORDER
(Thursday, 25th 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 handover the possession and to 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 their respective flats in the respondent’s registered project known
as “Clan City Pearl” bearing
MahaRERA project registration No.
P52000003087
located at Taloja, Dist. Raigarh.


Complaint No. CC006000000397776

CC006000000429032

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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 and 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 various reliefs
as provided under section 18 of the RERA toward 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 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.
P52000003087, the complaint bearing no. CC006000000580850 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. CC006000000397776

CC006000000429032

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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. CC006000000580850

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. CC006000000580850 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.


Complaint No. CC006000000397776

CC006000000429032

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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