Manoj Kumar Sipani v/s Sylvanus Properties Ltd.

Decided On	16 Nov 2017
Appellant	Manoj Kumar Sipani
Respondent	Sylvanus Properties Ltd.
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Summary

Case Summary

The Complainant booked an apartment, No. F2-303, in India Bulls Savroli 1 project in 2012, in the Respondent project. Now the Complainant approached MahaRERA to refund his booking amount which was paid to Respondent. On 6^th November 2017, first hearing was held on that date, Respondent alleged the Complainant to already approach the City Civil and Sessions Court, Mumbai, vide Suit bearing No. 884 of 2016 for the same matter. The respondent also pointed out that suit is still pending before the City Civil and Sessions Court, Mumbai. On this, the Complainant reciprocated by saying that he will withdraw that matter. On Second day hearing when The complainant was absent, which was on 15^th November 2017, representative of Respondent mentioned that the suit before the City Civil and Sessions Court, Mumbai is still not been withdrawn.

Conclusion by MahaRERA

The Respondent presented proof in the form of papers before MahaRERA in which it is clearly mentioned that Complainant has given a declaration that above-mentioned matter is not pending before any court of law or any other Authority or any other Tribunal but the same matter is pending in the City Civil and Sessions Court. So complaint filed with MahaRERA is not maintainable.

Hence the matter is dismissed.