Case Law Details
Mr. Jatin Mavani Vs M/s. Rare Township Pvt. Ltd (RERA)
The record shows that the complainant was also one of the member of the Rising City Ghatkopar Association. The said fact has not been denied by the complainant. The said complaint was filed with the MahaRERA by the allottees seeking directions from MahaRERA to allow cancellation of the flat bookings by the allottees who want to do so without cancellation fees and direct the respondent to refund the amount paid by the allottees along with interest and compensation. In the said complaint after hearing the arguments of both the side, the MahaRERA has already given verdict directing the respondent promoter to execute the registered agreements for sale with the members of the Rising City Ghatkopar Association. Since the complainant is also a party to the said proceeding , he can not separately agitate this complaint before the MahaRERA, as it will amount to agitate multiple proceedings on the same issue, which is not permissible in RERA Act, 2016. In the present case since the MahaRERA has already given judgment in the proceeding filed by the complainant through the Rising City Ghatkopar Association, the same issue can not be agitated before the MahaRERA again.
Full text of the order of Maharashtra Real Estate Regulatory Authority, Mumbai
1. The above named complainant has filed this complaint with MahaRERA seeking directions to the respondent to refund the amount paid by him to the respondent along with interest at the rate of 24% PA for the delayed possession in respect of booking of a flat in the respondent’s project known as ‘Rising City- Atlanta Heights’ at Ghatkopar bearing MahaRERA Registration No. P51800000756.
2. This matter was heard on several occasions. During the hearings, both the parties sought further time to settle the matter amicably. However in spite of several meetings, both the parties could not reach to the mutually agreeable terms. Hence this matter was finally heard on 16-11-2018. After hearing the arguments of both the side the MahaRERA granted liberty to both the parties to file written submissions on record of MahaRERA.
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