Complaint No. CC001000000020230
         BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY
                            AUTHORITY MUMBAI
                      Complaint No. CC001000000020230
Rama Patil                                            .... Complainant
                                       Versus
Narendra Kabra                                        .... Respondent
MahaRERA Project Registration No. P49900018352
Coram: Shri. Mahesh Pathak, Hon’ble Member – I/MahaRERA
None appeared for the complainant.
CMA Ashok Nawal a/w. Ld. Adv. Nidhi Nawal for JSN Properties LLP
appeared for the respondent.


                                     ORDER
                        (Thursday, 09th November, 2023)
                         (Through Video Conferencing)


   1. The complainant above named has filed this online complaint before the
      MahaRERA on 21-01-2022, mainly seeking directions from MahaRERA to
      the respondent to complete the         amenities 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 no. 604
      , on 6th floor, in B-Wing in the respondent’s registered project known as
      “Vasuakamal Vihar” bearing MahaRERA project registration No.
      P49900018352 located at Navi Peth , Jalgaon.


   2. This complaint was heard 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. Accordingly, both the parties appeared for the hearing and
      made their submission.


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                                           Complaint No. CC001000000020230


3. After hearing the arguments of both the parties, the following Roznama
  was recorded in the complaint:-


 ‘’Both the parties are present.
 The complainants are present (except the complainants at Sr. No. 1 -
 CC001000000020203 , 3 - CC001000000020228 and 4 - CC001000000020230).
 The respondent JSN Properties LLP is present. The present complaints have
 been filed for compensation for incomplete amenities particularly
 community hall and gym. Admittedly, the project is complete as the
 occupancy certificate and Form 4 have been uploaded on the MahaRERA
 website and the conveyance is also done in November 2020 and the deed of
 declaration under the Maharashtra Apartment Ownership Act is registered
 in November 2018. However, the complainants after obtaining the
 possession have raised the issue of incomplete amenities to which the
 MahaRERA has pointed out that ideally such group issues are to be raised
 by the association of the allottees/ society formed in the project. Moreover,
 admittedly, the said amenities are not mentioned in the agreement for sale.
 The respondent has pointed out the difficulties in completing the amenities.
 The respondent has contended that they were able and willing to provide
 the said amenities, however, there was no consensus amongst the allottees
 whether the amenities should be on the terrace or on the ground floor of the
 said building and the provisions for the said amenities on the terrace was
 finally removed. However, no new construction for the same has been done.
 The respondents are directed to file a reply to these complaints along with
 their written arguments within a period of one week i.e. by 02-08-2023. The
 complainants may file their rejoinder along with their written arguments
 within a further period of one week ie., by 09-08-2023. Accordingly, these
 matters are reserved for orders suitably after 09-08-2023 based on the
 arguments of both the sides as well as reply, rejoinder and written


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                                         Complaint No. CC001000000020230
 arguments filed in these complaints.”


4. However, in the present case the MahaRERA has noticed that the
  complainant has uploaded a withdrawal application dated 10-10-2023
  duly signed by the complainant on record of MahaRERA on 14-10-2023. In
  the said application the complainant has stated that she has settled the
  matter amicably with the respondent. Hence, she seeks to withdraw this
  complaint. The respondent has not filed any reply / written submission
  objecting to the said withdrawal application filed by the complainant.
  Hence, the said withdrawal application is accepted and taken on record.


5. In view of the above, since both the parties have settled the matter
  amicably, nothing survives in this complaint.


6. Consequently, the present complaint stands disposed of as settled and
  withdrawn.



                                                 (Mahesh Pathak)
                                              Member – 1/MahaRERA




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