SURENDRA G. SHANKAR Vs. ESQUE FINAMARK PVT. LTD

JUDGEMENT

(1.) Leave granted.

(2.) These two appeals assail a common judgment and order of the High Court of Judicature at Bombay(The High Court) dtd. 23/8/2023, inter alia, passed in Second Appeal Nos.475 and 188 of 2023. As these appeals assail a common order, they have been heard together and are being decided by a common order.

(3.) Special Leave Petition (Civil) No. 25540 of 2023 arises from Complaint No. CC006000000056663 whereas Special Leave Petition (Civil) No. 24959 of 2023 arises from Complaint No.006000000056656; both complaints were filed before the Maharastra Real Estate Regulatory Authority, Mumbai(RERA Mumbai) for possession of flat in a building complex known as "Lodha Venezia" & "Lodha Azzuro". The appellants herein separately filed the aforesaid complaints claiming themselves to be allottees in a building project registered with RERA. The complainants, inter-alia, impleaded Esque Finmark Pvt. Ltd (Respondent No.1 herein) (for short R-1) and Macrotech Developers Ltd. (erstwhile "Lodha Developers Ltd.") (Respondent no.2 herein) (for short R-2) as opposite parties to the complaint. During the course of the proceedings before RERA, Mumbai, on the objection raised by R2 that there is no privity of contract between the complainant and R2, RERA, Mumbai, vide order dtd. 23/7/2019, discharged R2 from the proceedings. Thereafter, the two complaints, including other similar complaints, were dismissed by RERA, Mumbai by a common order dtd. 16/10/2019.