In a common order of 5 separate complaints, namely, [Sr. No. 1] Mr. Samit Jha and Mrs. Shilpi Jha (Complaint No. CC006000000193498), [Sr. No. 2] Champadevi Chunnilal Prasad (Complaint No. CC006000000193524), [Sr. No. 3] Mr. Parshuram Asolkar and Mrs. Padmavati Asolkar (Complaint No. CC006000000193529), [Sr. No. 4] Mr. Ashish Dhuri and Mrs Pradnya Dhuri (Complaint No. CC006000000193539), and [Sr. No. 5] Mr. Santosh
G Manjrekar and Mrs. Minal S Manjrekar (Complaint No. CC006000000193579) against the respondent Mr. Rohan Sodhi.
The complainants above named have filed these 5 separate complaints seeking reliefs from MahaRERA to direct the respondent to convey the right title and interest in respect of the building Wing C & D and form and register a society in the name of “Shree Suryodaya C & D Wing Co-operative Housing Society Limited” under the provisions of section 11(4)(e) of the Real Estate (Regulation & Development) Act, 2016
Facts of the cases: It is the case of the complainants that they are allottees of Wing C & D constructed by the respondent for which the respondent has failed to form the society as per the clause 11(4) (e) of the RERA and has also failed to complete the procedure of conveyance of the land. The respondent has sold 40 flats out of the 42 flats in the project, however, only 29 flats have been shown as booked on the MahaRERA website. They have been following up with the respondent for formation of the society and to obtain occupancy certificate via various emails dated 21/12/2018, 25/01/2019, 21/02/2019, 09/03/2019 and 11/04/2019. However, the respondent has not complied with its obligations till date even after receiving the cost from the allottees for the formation of society.
The respondent further submitted that in the present complaint out of the 24 complainants, only 6 have entered in the registered agreements as per the provisions of the RERA. Further, 9 complainants have not yet paid the full consideration as per due in the registered agreements for sale. Hence the complaints of these complainants should be dismissed for non-payment of the dues. The respondent thereafter has submitted out the complainants above named, 4 complainants have given undertaking to the respondent dated 08/03/2021, 06/08/2021, 13/08/2021 and 13/08/2021 for withdrawal of the complaints on their end. The respondent therefore prayed for dismissal of the complaints with cost.
Order: In a common order dated 9th March 2022 after going through the record prima facie it appears that these complainants have earlier filed common complaint No. CC006000000192215 on 17-01-2020 before MahaRERA raising similar issues/ grievances as raised in these individual complaints particularly as mentioned at para 8 (a) to (c). In view of these facts, these 5 complaints stand disposed of with the directions to both the parties to comply with the earlier order dated 21-09-2021 passed by MahaRERA in Complaint No. CC006000000192215.