BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY, MUMBAI Virtual Hearing held through video conference as per MahaRERA Circular No.: 27/2020 REGULATORY CASE NO. 316 OF 2025 PROMOTER NAME PARADISE INFRACON PRIVATE LIMITED PROJECT NAME SAI SYMPHONY MAHARERA PROJECT REGISTRATION NO. P52000017044 ORDER (In an extension application) February 06th, 2025 (Date of hearing –17.01.2025 matter reserved for order) Coram: Manoj Saunik, Chairperson, MahaRERA Authorised representative Mr. Umesh Kumar Upadhyay present for promoter. 1. The applicant is the promoter/developer within the meaning of Section 2(zk) of the Real Estate (Regulation and Development) Act, 2016 (“said Act”) of Real Estate Regulatory Authority (“RERA”) and had registered the project “SAI SYMPHONY” under section 5 of the said Act bearing MAHARERA Registration No. P52000017044 (hereinafter referred to as the “said Project”). 2. The promoter has filed an extension application no. EXT52000025638 on 19.12.2024 (hereinafter referred to as “said extension application”) seeking for extension of the said project under section 7(3) of the said Act which was heard by this Authority on 17.01.2025 wherein the following roznama was recorded: “The promoter submits that he has submitted copies of virtual completion certificate by architect, documents of plumbing work completion, organic waste converter, sewage treatment plant installation and latest photograph of the building which shows that the building is complete. Further, he submits that he has obtained license of the lift as well. He also submits that he has given an affidavit saying that the building is ready, and he just needs consent to operate the STP and obtain fire NOC. That the registration for the project has expired on 28.12.2024 and the promoter has sought extension till 30.06.2025. However, since the project is completed, and the promoter submits that occupancy certificate shall be obtained by February and only two things are pending. The promoter is granted extension till 31.03.2025. Page 1 of 4 Matter reserved for orders.” 3. Before moving ahead, the Authority notes the registration details already on record. The promoter while seeking registration of the said project had submitted the date of completion as 31.12.2022. MahaRERA granted three (3) extensions on the ground of Covid-19 pandemic which were granted to all the projects registered with MahaRERA and qualifying under Notifications / Orders Nos. 13, 14 & 21 dated 02.04.2020, 18.05.2020 & 06.08.2021 along with extension under section 6, whereby the date of completion was extended up to 28.12.2024. The promoter states the delay in the completion of the real estate project has been primarily caused by Covid -19 pandemic and due to shortage of labour. Further, the promoter submits that the contractor was suffering from cancer, and he was unable to provide skilled labours required for completion of work in time, the promoter had to appoint new labourers which caused further delay in completion of project. Hence, the promoter has applied for extension vide the said extension application herein under section 7(3) of the said Act for the period from 29.12.2024 to 30.06.2025. 4. Thus, the issue before this Authority is regarding grant of extension under Section 7(3) of the said Act. In this regard it is pertinent to note that the promoter this time has not been able to obtain 2/3rd majority consents of the allottees of the said project. In this context the relevant extract of Section 7(3) is reproduced hereinbelow for ease of reference: “7 (3) The Authority may, instead of revoking the registration under sub-section (1), permit it to remain in force subject to such further terms and conditions as it thinks fit to impose in the interest of the allottees, and any such terms and conditions so imposed shall be binding upon the promoter.” Section 7(3) provides that instead of revoking the registration this Authority can impose certain terms and conditions as it thinks fit to let the registration remain in force. 5. The following observations are noteworthy before examining the issue of grant of extension under Section 7(3) of the said Act of registration of the said project: Page 2 of 4 a. That the delay in the completion is due to Covid -19 pandemic and afterwords due to shortage of labour. b. That there was a further delay as the contractor was suffering from cancer and was unable to provide skilled labour required for completion of work in time, the promoter had to appoint new labourers which caused further delay in completion of project. c. That the promoter is seeking the extension of the project till 30.06.2025. d. However, the promoter submits that he will complete the balance work and obtain occupancy certificate before 31.03.2025. 6. Further, it is observed in the roznama dated 17.01.2025, that the promoter had sought extension till 30.06.2025. However, during the hearing the promoter submitted that construction of the work is completed, occupancy certificate (OC) shall also be obtained by February 2025 and only two things i.e consent to operate the STP and fire NOC are pending. Therefore, the Authority has granted extension only till 31.03.2025. 7. In view of the above, the issue of the extension under Section 7(3) of the said Act as sought by the promoter without 2/3rd consents of the allottees needs to be examined considering the above-mentioned fact. The Authority would like to bring on record the statements of objects and reasons of the said Act which are reproduced hereinbelow for ease of reference: “An Act to establish the Real Estate Regulatory Authority for regulation and promotion of the real estate sector and to ensure sale of plot, apartment or building, as the case may be, or sale of real estate project, in an efficient and transparent manner and to protect the interest of consumers in the real estate sector and to establish an adjudicating mechanism for speedy dispute redressal and also to establish the Appellate Tribunal to hear appeals from the decisions, directions or orders of the Real Estate Regulatory Authority and the adjudicating officer and for matters connected therewith or incidental thereto.” The whole aim of the said Act is to promote the real estate sector in an efficient and transparent manner and protect the interest of the consumers (including home buyers / allottees). Thus, by not extending the registration of the project the Page 3 of 4 same will come to a halt. The promoter shall not be able to take actions for efficient completion as may be required in view of the lack of registration. Such an action will only be detrimental to the interest of the consumers (including home buyers / allottees). Thus, the balance of convenience lies in allowing the extension with conditions to ensure completion. Further, the Authority also notes that this extension under Section 7(3) needs to be granted so that the completion of the said project is not interrupted. Thus, the Authority grants the extension to the registration of the said project from 29.12.2024 to 31.03.2025. This extension will be without prejudice to the rights of the allottees under the said Act. In view thereof, this Authority allows the said extension application keeping the rights of the allottees intact with certain directions hereinbelow. FINAL ORDER The said extension application is allowed and the extension for the said project is granted from 29.12.2024 to 31.03.2025 with the following conditions: A. The promoter shall complete the construction work and obtain occupancy certificate (OC) for the said project. The allottees of the said project shall co- operate with the promoter. That the rights of the allottees under the said Act shall however remain intact. B. The promoter is directed to submit within 15 days of this order date the PERT CPM / BAR charts about the milestones to be achieved with respect to the completion of the said project. The same shall also be shared with the Allottees of the said project. C. The promoter herein is also directed to submit monthly progress reports of achievements of such milestones and/ or delay if any, to MahaRERA, the association of allottees, if any formed and the allottees of the said project. D. That upon receipt of the part / full OC the promoter shall inform this Authority about the same and update all progress on the said project registration webpage from time to time. MANOJ Digitally signed by MANOJ SAUNIK SAUNIK Date: 2025.02.06 16:30:14 +05'30' Manoj Saunik Chairperson, MahaRERA Page 4 of 4