Complaint No. CC004000000070584


           BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY
                                    AUTHORITY, MUMBAI
                            Complaint No. CC004000000070584
     Jaydeep Mahesh Jasani                                        ... Complainant
                                             Versus
     Om Shivam Buildcon Pvt Ltd                                   ... Respondent
     MahaRERA Project Registration No. P50500018424
     Coram: Shri. Mahesh Pathak, Hon’ble Member – I/MahaRERA
     Both the parties are absent.


                                           ORDER
                                    (Monday, 22nd July 2024)
                              (Through Video Conferencing)


1.     The complainant above named has filed this online complaint before MahaRERA
       on 29-01-2024 mainly seeking directions from MahaRERA to the respondent -
       promoter to complete the construction, to handover the possession of the said
       flat and also to pay interest for the delayed possession 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 a flat bearing no.
       1402, 14th floor, in Tower A - Purna in the respondent – promoter’s registered
       project known as “Shiv Kailasa Phase I” bearing MahaRERA registration no.
       P50500018424 located Mouza - Sondapar (Rithi), Ph. No. 77, Tah. - Hingna, Distt
       - Nagpur.


2.     This complaint was heard by the MahaRERA on 19-03-2024 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


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     intimation of this hearing and they were also informed to file their written
     submissions, if any. Accordingly, both the parties appeared for the said hearing
     and submitted that they are ready and willing to resolve the matter amicably
     through MahaRERA Conciliation Forum. Hence, on request of both the parties,
     this complaint was referred to MahaRERA Conciliation Forum for further
     appropriate action.


3.   Accordingly, both the parties appeared before the MahaRERA Conciliation
     Forum finally on 20-06-2024 when they resolved the matter amicably. The same
     is recorded in the proceedings of the MahaRERA Conciliation Forum.


4.   Thereafter, this complaint was transferred to this Bench, by the MahaRERA
     Conciliation Forum on 04-07-2024 with the remarks as ‘Conciliation Successful’.


5.   Accordingly, this complaint was scheduled for hearing today, when despite
     notice of hearing, both the parties remained absent. Hence, the MahaRERA has
     perused the available record.


6.   During the course of hearing, the MahaRERA has noticed that both the parties
     have settled the matter amicably before the MahaRERA Conciliation Forum.
     Accordingly, both the parties have signed a joint pursis cum withdrawal
     application dated 20-06-2024. A copy of the said joint pursis cum withdrawal
     application dated 20-06-2024 duly signed by both the parties is annexed to the
     Roznama of MahaRERA Conciliation Forum dated 20-06-2024. Both the parties,
     despite notice of hearing have neither appeared for the hearing nor have filed
     any reply / written submissions on record of MahaRERA objecting to the said
     settlement / joint pursis cum withdrawal application dated 20-06-2024. Hence,
     the said joint pursis cum withdrawal application dated 20-06-2024 is accepted


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     and taken on record along with the Roznama of MahaRERA Conciliation Forum
     dated 20-06-2024.


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


8.   Consequently, the present complaint stands disposed of as settled and
     withdrawn as per the said joint pursis cum withdrawal application dated 20-06-
     2024.




                                                             (Mahesh Pathak)
                                                        Member – 1/MahaRERA




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