ORDER

Admittedly, the complaint before the RERA Authority is also for possession and consequential reliefs. In this complaint also, relief of possession and consequential reliefs are claimed.  The Doctrine of Estoppel by Election will apply.  The complainants are given one month’s time to choose as to which remedy he wants to prosecute and which remedy he wants to withdraw.  If the complainants want to withdraw the RERA proceedings, then they shall bring the order of withdrawal by the next date of hearing. 

IA/1057/2023 has been filed by the opposite parties for dismissing this complaint as not maintainable inasmuch as the complainants have already filed complaint no. SC10002509 before Maharashtra Real Estate Regulatory Authority, Mumbai.  A copy of the complaint filed by the complainants has been attached along with this application which shows that complaint was filed on 02.03.2022 while this complaint was filed on 05.07.2022. The main relief of possession is made in both the complaints.  Other reliefs are consequential to the main relief. 

Counsel for the complainants however, states that the project has not been registered under Section 8 of The Real Estate (Regulation and Develop