This brief explains a common order for 2 separate complaints, namely, [Sr.no.1] Sanjay Tyagi (Complaint No. CC005000000053979), and [Sr.no.2] Gagan Pandey and Munni Priya Pandey (Complaint No. CC005000000095963), [Sr.no.3] Vivek Vidhyasagar (Complaint No. CC00500000009606), [Sr.no.4] Shweta Saran (Complaint No. CC005000000096070), [Sr.no.5] Nikhil Naidu (Complaint No. CC005000000096236), against common respondents, SSG Realty And Infra LLP, Mr. Pranay Prakash Shingi, Mr. Saurabh Eknath Ghule, Mr. Vinay Prakash Shingi, and Mr. Sushil Eknath Ghule.
The complainants above named have filed these 5 separate complaints seeking various reliefs from MahaRERA 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 their respective flats in the respondent’s registered project known as “Suburbia Estate Phase 1” bearing MahaRERA registration No. P52100002391 situated at Loni-Kand, Dist. Pune.
Facts of the cases: As far as the complaints at Sr. nos. 1 and 2 are concerned , the MahaRERA has noticed that these complainants have filed these complaints by submitting the specific pleadings with specific reliefs of refund under section 18 of the RERA alleging that the respondent has failed to handover possession of their flats on the agreed dates of possession mentioned in their agreements.
With respect to the complaints at Sr. nos. 1 and 2 the respondent has stated that these complaints are not maintainable in the eyes of law and hence the same are liable to be dismissed as no cause of action has ever arisen for the complainants to file these complaints. It has further stated that, the respondent M/s. SSG Realty and Infra LLP is a promoter of the project registered with MahaRERA. It has further stated that, presuming that the complainants are entitled to get the refund, the MahaRERA has comprehensively permitted the refund after completion of the 6 months from the date of completion of the project and after the project has obtained the occupancy certificate from the appropriate authority previously.
The respondent has stated that it tried its best to deliver the premises on the agreed date of possession, however, the main cause for delay in handing over the possession of the said flats to the complainants is because of non- payment of allotment money by the majority of the allottees of the project as the respondent was powerless and left with no option to prolong the construction which resulted into in delay in handing over the possession of the flat to the complainants.
As far as the other complainants at sr nos. 3 to 5 are concerned, they have also sought refund along with interest and compensation under section 18 of the RERA.
As far as the complaints at Sr nos. 3, 4 and 5 are concerned, the respondent has mainly stated that these complaints are not maintainable / sustainable in the eyes of law and hence same deserved to be dismissed on the ground that the no cause of action has been arisen to the complainant to file these complaints as per the pleadings of the complaints are concerned. It has further stated that, these complaints are filed against Mr. Pranay Shingi in his individual capacity whereas the agreement has been executed by M/s. SSG Realty and Infra LLP a partnership firm with these complainants and not by Mr. Pranay Shingi in his individual capacity.
Order: In a common order dated 19th April 2022, in view of the aforesaid facts, the respondent is directed to approach MahaRERA for extension of the project period or take any other action to revive the project giving a definite time-line for its completion within a period of one month from the date of this order.
In view of the above , considering the submissions of the rival parties, in the complaints at sr nos. 1 & 2, the complainants are allowed to withdraw from the project. The respondent is directed to refund their money along with the interest.
As far as the complaints at sr nos. 3 to 5, as observed in the aforesaid para, these complaints stand dismissed as not maintainable. With liberty to the said complainants to approach MahaRERA by filing fresh complaints after revival of this project..