BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY, MUMBAI Virtual Hearing held through video conference as per MahaRERA Circular No.: 27/2020 REGULATORY CASE NO. 205 OF 2024 PROMOTER NAME NEUMEC REALITY PROJECT NAME IVY MARVEL MAHARERA PROJECT REGISTRATION NO. P51800006856 ORDER (In an extension application) May 31, 2024 (Date of hearing –22.05.2024 matter reserved for order) Coram: Shri Ajoy Mehta, Chairperson, MahaRERA Advocate Parth Chande present for the Promoter. 1. NEUMEC REALITY 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 “IVY MARVEL” under section 5 of the said Act bearing MAHARERA Registration No. P51800006856 (hereinafter referred to as the “said Project”). 2. The Promoter has filed an extension application No. EXT51800019375 on 21.03.2024 (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 22.05.2024 wherein the following roznama was recorded: “Party seeks extension upto 30.06.2025. Delay took place due to financial constraints. Now development management agreement has been signed and monies been infused. Parties confirm that QPRs are updated. Matter is reserved for order.” 3. Before moving ahead, the Authority notes the registration details already on record. The Promoter while seeking registration of the said Project had Page 1 of 4 submitted the date of completion as 30.06.2022. 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 extensions granted under section 6 whereby the date of completion was extended up to 30.06.2024. The Promoter states that the extension for the said Project is sought as there was delay due to covid-19 pandemic. 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 01.07.2024 to 30.06.2025. 4. Thus, the issue before this Authority is with regard to 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.” On the plain reading of Section 7(3) of the said Act, it is clear 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: a. The said Project comprises of two (2) building. b. That delay took place due to financial constraints and covid-19 pandemic. Now development management agreement has been signed and monies been infused. 6. 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 Page 2 of 4 examined in light of 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.” On perusal of the above it is clear that the whole aim of the said Act has been 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 said Project the 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 such condition so as to ensure completion. Further the Authority also notes that this extension under Section 7(3) is the first extension and the same 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 01.07.2024 to 30.06.2025. Needless to say, 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 01.07.2024 to 30.06.2025 with the following conditions: A. The Promoter shall complete the construction work and obtain OC for the said Project. Needless to say, the Allottees of the said Project shall co-operate with the Page 3 of 4 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. AJOY Digitally signed by AJOY MEHTA MEHTA Date: 2024.05.31 15:38:41 +05'30' (Ajoy Mehta) Chairperson, MahaRERA Page 4 of 4