Complaint No. CC006000000591476


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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY
MUMBAI

Complaint No. CC006000000591476

Shabbir Amir Ali Doctor


... Complainant

Versus

Supreme Construction and Developers


... Respondent

MahaRERA Project Registration No. P52000003118


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

Ld. Adv. Amreen Karimi appeared for the complainant.
None appeared for the respondent.


INTERIM ORDER


(Monday, 09th September 2024)

(Through Video Conferencing)


1. The complainant above named has filed this online complaint before the
MahaRERA on 08-08-2024 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 a flat bearing No. 1203, 12th floor, Emerald in Clan City, Tower No.
8 in the respondent’s registered project known as “Clan City-Emerald”
bearing
MahaRERA project registration No. P52000003118
located at Taloja,
Dist. Raigarh.

2. This complaint was 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


Complaint No. CC006000000591476


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written submissions if any. Accordingly, the complainant appeared and made
her submissions. However, despite the notice of hearing, the respondent
remained absent. The MahaRERA heard the arguments of the complainant and
also pursued the available record.

3. In the present case, on bare perusal of the record, it appears that the
complainant herein has filed this complaint mainly seeking reliefs as provided
under section 18 of the RERA toward possession of their flats along with
interest and compensation. The complainant has raised this complaint mainly
on account of the alleged delay on the part of the respondent in handing over
possession of the flat 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. P52000003118,
the complaint bearing no. CC006000000580854 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
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


Complaint No. CC006000000591476


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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 this complaint along with the said
complaint no. CC006000000580854

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 this complaint.

7. The aforesaid facts have been informed to the complainant who appeared
during the course of hearing. However, the complainant has also not objected
to such clubbing of this 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 this complaint along with
the other complaint bearing no. CC006000000580884 filed by the Clan One
Society through its Secretary viz Kanchan Sharma and list the same for
next hearing as per the seniority of the complaints.
b) The respondent promoter is directed to file its reply to this complaint
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