Complaint No. CC12400635


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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY
MUMBAI

Complaint No. CC12400635

Naveen Sinha


... Complainant

Versus

Supreme Construction and Developers Private Limited
... Respondent

MahaRERA Project Registration No. P52000003175


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

The complainant appeared in person.
None appeared for the respondent.


INTERIM ORDER


(Monday, 11th November 2024)

(Through Video Conferencing)


1. The complainant above named has filed this online complaint before the
MahaRERA on 01-11-2024 seeking directions from MahaRERA to the
respondent to refund the entire amount paid with interest 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. 2604 on 26th floor in the respondent’s registered project known as “Clan
City - Topaz” bearing
MahaRERA project registration No. P52000003175

located at Taloja, Dist. Raigarh ( hereinafter referred to as the said project).

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


Complaint No. CC12400635


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also pursued the available record.

3. In the present case, on bare perusal of the records, it appears that the
complainant herein has filed this complaint mainly seeking reliefs as provided
under section 18 of the RERA toward the refund of the amount paid along with
interest. 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 to him 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, a 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
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


Complaint No. CC12400635


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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 on this complaint.

7. The aforesaid facts have been informed to the complainant who appeared
during 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. 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 this complaint.
b) The respondent promoter is again 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