Bombay High Court
Amol Prakash Savale vs State Of Maharashtra Through ... on 23 January, 2024
Author: G. S. Kulkarni
Bench: G. S. Kulkarni
2024:BHC-OS:2155-DB WPL2247-24.DOC
Mohite
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO.2247 OF 2024
1. Mr.Amol Prakash Savale, Age - 37
2. Mrs.Manasi A. Savale, Age - 35
Both presentlly residing at
A-104, Ruparel Garden
Plot C-3, Sector-23,
Nerul, Navi Mumbai-400 706 ... Petitioners
Digitally
signed by
Versus
TRUSHA
TRUSHA TUSHAR
TUSHAR MOHITE 1. State of Maharashtra
MOHITE Date: Through Government Pleader
2024.02.08
16:07:01
+0530 Original Side, Bombay High Court.
2. The Registrar,
Maharashtra Real Estate Regulatory Authority,
Plot No.C 21, E block, Bandra Kurla Complex,
Bandra (East), Mumbai- 400 051.
3. M/s.Apcon Construction Company
Having registered office address at
97/3428, Mazeghar Chs Ltd.
Nehru Nagar, Kurla-East
Mumbai-400024.
4. Nehru Nagar Vishwadham Chs Ltd.
City Survey No.12 Part,
Nehru Nagar, Kurla-East,
Mumbai-400024. ...Respondents
Mr.Jeet Gandhi for the Petitioner
Mr.M.P.Jadhav, Addl.G.P. a/w Mr.Himanshu Takke, A.G.P. for the
Respondent / State
_______________________
CORAM: G. S. KULKARNI &
FIRDOSH P. POONIWALLA, JJ.
DATE: 23 January, 2024
_______________________
Page 1 of 4
23 January, 2024
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WPL2247-24.DOC
ORAL JUDGMENT: (PER FIRDOSH P. POONIWALLA, J.)
1. Rule. Rule made returnable forthwith.
2. Heard finally by consent of the parties.
3. The present Petition has been filed under Article 226 of the
Constitution of India for the following reliefs:
"(a) That this Hon'ble Court be pleased to issue a writ of
Mandamus or any other writ in the nature of Mandamus and direct the
Respondent No.2 to decide, the Non-Execution Application in
Complaint CC006000000195496 of 2021 filed by the Petitioners in a
time bound manner."
4. Respondent No.3 was developing a project named Nehru Nagar
Vishwadham CHS Ltd. on a plot bearing City Survey No.12 part, Nehru
Nagar, Kurla East, Mumbai 400 024 ("the said project").
5. The Petitioners visited the said project where representatives of
Respondent No.3 orally informed them that Respondent No.3 was
constructing the said project and the Petitioners would get possession by end of
March 2017. The Petitioners booked Flat No.1404, admeasuring 775 sq. ft.,
along with the car parking on 5th March 2015, for a total consideration of
Rs.65,87,500/-. The Petitioners paid a sum of Rs.1,00,000/- as Earnest Money
whilst booking the Flat.
6. Thereafter, the Petitioners paid Rs.16,00,000/-, as and by way of three
part payments, on 11th April 2015, 18th July 2015 and 6th August 2015. The
Petitioners made a further part payment of Rs.3,00,000/- on 20 th August 2015.
In the meantime, Respondent No.3 issued an allotment letter dated 12 th
August 2015 in respect of allotment of the said Flat.
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WPL2247-24.DOC
7. It is the case of the Petitioners that, despite various representations made
to Respondent No.3 and emails addressed to it, the Petitioners were not given
possession of the said Flat. In fact, the said project has not progressed much.
In these circumstances, the Petitioners filed a complaint before the
Maharashtra Real Estate Regulatory Authority (MahaRERA), at Mumbai, on
12th January 2021, interalia seeking refund of the amount of Rs.20,00,000/-
paid by the Petitioners along with compensation amounting to Rs.20,00,000/-.
8. By an Order dated 12th April 2021, MahaRERA directed that
Respondent No.3 shall refund to the Petitioners the amount paid by them
along with interest from the date such amounts were paid at the rate prescribed
in the relevant rules.
9. It is the case of the Petitioners that Respondent No.3 did not comply
with the said Order nor preferred any Appeal against the said Order. In these
circumstances, the Petitioners filed an Execution Application before
MahaRERA seeking execution of the said Order dated 12th April 2021.
10. It is the case of the Petitioners that, although the said Execution
Application was filed on 2nd November 2022, no hearing has been given by
MahaRERA till date in respect of the same. In these circumstances, the
Petitioners have approached this Court seeking expeditious hearing of the said
Execution Application and a decision on the same in a time bound manner.
11. In our view, it would be in the interests of justice to direct MahaRERA
to decide the Execution Application of the Petitioners expeditiously and in a
time bound manner.
12. For these reasons, we pass the following Orders:
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WPL2247-24.DOC
a. Respondent No.2 (MahaRERA) is directed to decide the
Execution Application filed by the Petitioners within a period of four
weeks from the date of intimation of this Order.
b. Rule is made absolute in the aforesaid terms.
c. Petition is disposed of.
d. No order as to costs.
(FIRDOSH P. POONIWALLA, J.) (G. S. KULKARNI , J.)
23 January, 2024
