6.2 It is an undisputed fact that no order has been passed by RERA in case of Petitioner No. 7 & 8; the petitioner No. 4 is not Allottee in the subject matter project; and the Petitioner No. 5 sought the cancellation of his booking and consequential refund of the money and is no longer an Allottee, however, RERA decree dated 30.12.2019 in his favour states that till the compliance of the order, the charge of the aforesaid amount shall be on the booked flat. Accordingly, there are 4 Allottees and 1 ex-allottee related to the subject matter project, in whose case RERA has passed the order directing the Respondent to pay the interest. The Financial Creditor has claimed that there are 48 allottees, accordingly, there must be a minimum of 5 homebuyers to satisfy the minimum threshold of 10%. In view of this, a question arises whether an ex allotee can be said to be an allottee after having cancelled. In this regard, this Bench finds that the RERA decree dated 30.12.2019 holds that “ Till the compliance of the order, the charge of the aforesaid amount shall be on the booked flat.” The said direction has the effect of holding Petitioner No. 5 as Allottee because the flat allotted to her cannot be sold to another customer unless her debt is paid. Accordingly, this Bench feels that this Application is maintainable on the ground of threshold.
