BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY,
                            MUMBAI

                       Complaint No. CC006000000192743


Jolly Apartment Wing A And B Welfare Association              ..Complainant
                 Vs

M/s. RIEL Infrastructure Pvt Ltd
Mr. Haresh R Bhanushali
Mr. Prem Haresh Bhanushali
Mr. Shudhir D Telavane                                   ..Respondents


MahaRERA Project Registration No. P51700010153

Coram: Dr. Vijay Satbir Singh, Hon’ble Member – 1/MahaRERA
Adv. Amey Athavale appeared for the complainants.
Mr. Sunny Jain appeared for the respondents.

                                     ORDER
                               (05th March, 2021)
                          (Through Video Conferencing)


   1. The complainant claiming to be an association of 21 allottees have filed
      this complaint     seeking directions from the MahaRERA to revoke the
      MahaRERA project registration certificate granted in favour of the
      respondent no. 1 promoter under the provisions of Section 7(1) of the
      Real Estate (Regulation & Development) Act, 2016 (hereinafter referred
      to as RERA) in respect of the respondent’s project known as ““Jolly
      Apartment Wing A and B” bearing MahaRERA Registration No.
      P51700010153 at Shahapur, Dist-Thane. The complainant further
      prayed to de-freeze the bank account of the respondent no. 1.


   2. This complaint was heard on various occasions and the same was heard
      finally on 17/02/2021 along with other connected matters        as per the
      standard operating procedure dated 12th June 2020 issued by MahaRERA
      for hearing of complaints through video conferencing. Both the parties
      were issued prior notification and were asked to file their respective
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  submissions before MahaRERA. Accordingly, both the parties appeared
  through their respective advocates and made their submissions. During
  the hearing the respondent promoter was directed to upload its reply/
  written submissions on record of MahaRERA within a period of two
  weeks. However, till date the respondent promoter has not uploaded its
  reply on record of MahaRERA. It shows that the respondent promoter is
  not willing to contest this complaint. Hence the MahaRERA has perused
  the available record.


3. The MahaRERA has examined the arguments advanced by both the
  parties.    In the present case, the complainant association has
  approached MahaRERA seeking revocation of MahaRERA registration
  issued in favour of the respondent under section 7       of the RERA, by
  contending that the respondent has violated various provisions of RERA
  and the Rules made there under and not updated the status of the
  project, not adhered to the advertisement and brochures published on
  website, not given possession of the flat to the allottees as per the terms
  and conditions of the agreement for sale executed with the allottees
  etc. Hence, it has prayed to allow this complaint.



4. During the course of hearing, the respondent No.1 promoter has stated
  that it has obtained the extension from MahaRERA till 30-06-2021.
  Therefore it will complete this project by that date.



5. On perusal of the webpage information uploaded by the respondent on
  record of MahaRERA, prima facie, it appears that the respondent while
  registering this project has mentioned the revised completion date of
  this project as 30-06-2021. It shows that the respondent still has time to
  complete this project till 30-06-2021. Further, during the course of
  hearing the respondent through its advocate has informed MahaRERA
  that the work has been started on site and it will be completed within
  two to three months. Hence the reliefs sought by the complainant are
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   premature as on date and therefore same cannot be taken into
   consideration by the MahaRERA as on date. However, the complainant
   would be at liberty to agitate their grievances, in case of any default on
   the part of the respondent, in adhering the time-line given to MahaRERA.



6. In addition to this, it is noticed by the MahaRERA that few members of
   the complainant’s association have filed separate complaints seeking
   reliefs under section 18 of the RERA. In this regard, the MahaRERA is of
   the view that the complainants cannot on one side seek reliefs of
   interest for delayed possession from the respondent promoter and
   simultaneously seeks revocation of the MahaRERA registration granted in
   favour of the respondent promoter as both the reliefs contradict each
   other.



7. In view of these facts, the complaint stands disposed of being
   premature.


8. The certified copy of this order will be digitally signed by the concerned
   legal assistant of the MahaRERA. It is permitted to forward the parties a
   copy of this order by e-mail.


                                                  (Dr.Vijay Satbir Singh)
                                                 Member – 1/MahaRERA




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