Complaint No. CC006000000395904


           BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY
                               AUTHORITY, MUMBAI
                          Complaint No. CC006000000395904
     Jamuna S Charania                                          ... Complainant
                                           Versus
     Ruparel Realty                                             ... Respondent
     MahaRERA Project Registration No. P51800020602
     Coram: Shri. Mahesh Pathak, Hon’ble Member – I/MahaRERA
     None appeared for the complainant.
     Ld. Adv. Sakina Kothari appeared for the respondent.


                                        ORDER
                            (Thursday, 28th December 2023)
                             (Through Video Conferencing)


1.     The complainant above named has filed this online complaint before MahaRERA
       on 23-05-2023 mainly seeking directions from MahaRERA to the respondent -
       promoter to refund the amounts paid by him 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. 301, 3rd floor in the
       respondents – promoters’ registered project known as “Ruparel Pride” bearing
       MahaRERA registration no. P51800020602 located at Kurla, Mumbai.


2.     This complaint was heard by the MahaRERA on 26-06-2023 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, both the parties appeared for the said hearing
       and submitted that they are ready and willing to resolve the matter amicably
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     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 on 25-08-2023 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 20-12-2023 with the remarks as ‘Conciliation Successful’.


5.   Accordingly, this complaint was scheduled for hearing today when the
     respondent appeared and made its submissions. However, despite the notice of
     hearing, the complainant remained absent.




6.   During the course of hearing, the respondent has stated that both the parties have
     settled the matter amicably before the MahaRERA Conciliation Forum.
     Accordingly, they have signed the consent terms on 2-11-2023. The respondent
     has uploaded the consent terms dated 02-11-2023 duly signed by both the parties
     on record of MahaRERA on 09-11-2023. The respondent confirmed the said
     settlement and consent terms dated 02-11-2023 during the hearing today. The
     complainant has neither appeared for the hearing today despite notice nor has
     filed any reply / written application on record of MahaRERA disputing the said
     settlement and consent terms dated 02-11-2023. Hence, the said consent terms are
     accepted and taken on record.


7.   In view of the above, since both the parties have settled the matter amicably and
     signed the consent terms, nothing survives in this complaint.
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8.   Consequently, the present complaint stands disposed of as settled as per the said
     consent terms.




                                                              (Mahesh Pathak)
                                                         Member – 1/MahaRERA




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