Rare Townships
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In a common interim order of 3 separate complaints, namely, [Sr. No. 1] Prakash Yeshwant Karnik and Anjali Karnik (Complaint No. CC006000000196068), [Sr. No. 2] Mayur Ramesh Shah (Complaint No. CC006000000196356), and [Sr. No. 3] Himanshu Gupta and Richa Bans (Complaint No. CC006000000196478) against a common respondent, Rare Townships Private Limited.

The complainants above named have filed these 3 complaints seeking reliefs from MahaRERA to direct the respondent to pay interest for the period of delay in handing over the possession of their respective flats, under the provisions of section 18 of the Real Estate (Regulation & Development) Act, 2016 (hereinafter referred to as ‘RERA’) in respect of booking of their respective flats, in the respondent’s registered project known as “Rising City

– North Sea Heights – 15 to 18 Floor” bearing MahaRERA registration No. P51800001036 located at Ghatkopar (E), Mumbai. The complainants sought further direction to the respondent to form a society of the allottees under section 11(4)(e) of RERA.

Facts of the case: In the said complaint, the complainants were a part of the list of allottees of the association. In this complaint, since 2/3rd allottees were willing to continue in the project, an order was passed on 10/07/2018 directing the parties to execute the registered agreements for sale. The association thereafter filed an appeal challenging the said order bearing no. AT006000000010525 wherein an order was passed on 23/04/2019 remanding the matter back to the MahaRERA for deciding afresh.

The said flats are subject matter of the agreements for sale executed between the parties. The complainants have further submitted that, the grounds raised by the respondent in the application for dismissal of the complaints do not entitle the respondent for seeking the said reliefs. The complainants have further submitted that, the complaints filed by the complainants as well as the complaint filed are filed in two different projects and hence the complaint filed by the association does not have any nexus with the complaints filed by the complainants.

However on bare perusal of the record, prima facie it appears that the admittedly there is association formed by the allottees of this project and the complainants have not denied the fact that they are members of the said association. The said association had filed Complaint No. CC006000000023888 before MahaRERA on 23-03-

2018 agitating various reliefs under section the provisions of RERA towards interest/ compensation for the delayed possession to the allottees who want to continue in the project and also those who want to cancel their bookings, formation of society etc. The said complaint was disposed of vide an order dated 10-07-2018 whereby the direction was given to the respondent to execute the registered agreements for sale.

Order: In an interim order   dated   28th April   2022, the association formed by the allottees have already approached MahaRERA agitating various reliefs on behalf of its members under the provisions of the RERA including section 11(4) and 18 of the RERA. The present complainants are also seeking reliefs under section 11(4) and 18 of the RERA.

Considering the aforesaid facts, the MahaRERA allows the miscellaneous applications filed by the respondent and directs that the present complaints cannot be decided at this stage on merits in view of the pendency of the appeal filed by the association. However, the further decision on these complaints would be taken only after the final outcome of the said appeal. The parties may approach MahaRERA after final decision on the said appeal. With these directions, the misc. applications stand disposed of.

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