In a landmark judgment by the Maharashtra Real Estate Regulatory Authority (MahaRERA), it was held that multiple proceedings on the same issue cannot be allowed under the Real Estate (Regulation & Development) Act, 2016. The Authority concluded, “The record shows that the complainant was also one of the members of the said Association. The said fact has not been denied by the complainant. The said complaint was filed with the MahaRERA by ‘the allottees seeking direction 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 arguments of both sides, 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 cannot separately agitate this complaint before the MahaRERA, as it will amount to multiple proceedings on the same issue, which is not permissible in RERA Act, 2016.”
The matter was of Mr Jatin Marvani seeking directions to the Respondent M/s Rare Township Pvt. Ltd. , to refund the amount paid by him to the respondent along with interest at the rate of 24% per annum for the delayed possession in respect of booking of a flat in the respondent’s project known as ‘Raising City – Atlanta Heights’ at Ghatkopar. The said complaint was dismissed.
Courtesy/By: Shivangi Km Mishra
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29 Dec 2018
