BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY MUMBAI SUO MOI U CASE NO . 66 ol 2020 Secretary, Maiarashtra Real Estate Regulatory Autho R Complainant Sai Enterprises Respondent Totala and Associates (Chartered Accountant) Atit Admulwar. (Project Architect) Project Professionals MahaRERA legistration no: P52100m3136 Corum: Shri. Gautam Chattetee, ChaiPerson, MahaRERA None appeared for the ResPondent. I'roject professionals did not appear Order (Ex-Parte) Febllraq' 10, 2(l2t) project'Sai 1. This is a Suo-Motu fiatter taken up by MahaRERA agaiist the Respondent's Pushkraj' which is registered with MahaRERA Regisbation No P52100013136' 2 On review oI the Respondent's Proiect regishatio4 it is observed that the project no extension regishation of the said Project has laPsed on December 31' 2017 and therealter' of the clate has been either sought or granted under the provisions of the Real Estate (Regulation and DeveloPment) Act, 2016 and the rules aJld regulations made therermder' that the Proiect is not Further, the details available on the proiect regisbation webPage show 113 4^*- vet completed. Moreover, the Respondent has not uploaded the Armual Audit RePort of Statutory CA- Form 5 for Fl 17-18 and IY 18-19 till date as required urder the provisions of section 4(2)(l) and section 11(1) of the Real Estate (Regulation and Development) Act,2016 read $,ith rcgulation 4 of the MahaRERA Ceneral Regulations, 2017. Since, thcre have treen no online comPlaints filed with MahaRERA in tftis ProiecL as yet, this matter was taken uP as a Suo Motu Complaint and the Respondent and Project Professiona.ls, asscriated with the Ptoiect, were called for the hearing No one appcarcd for the Respondent and Proiect Plofessionals, assocbted with the Project in sPite oI service of notice. .1. At this stage when the Project registration Penod has laPsed, the only way forward would bc to protect ihe right of the allottees and enable them to form an Association of alk)ttecs who can take an informed decision regardllg carrying out the balarce work to complcte thc projert. 5. In view of the above facts, the ResPonden! M/s Sai EnterPrises, is heteby dir(ted to handovcr thc Iist of alloftees of the said Ploiect along with tleir contact details' k) all the allottces to form an atlottees of the said ProjecL along I 'ith a coPy of this order, to enable the associationofallotteesandtheleafteltaleanbJormeddecisionPertainingtothesaid 7/8 of the project ThereaJter, the association of allottees may Iike to P'oceed under Scction Act as per the MahaRERA Order no. 8/2019 dated March 29' 2019' Sai EnterPrises' for (, MahaRERA had imposetl a Penalty of Rs. 200,059/- on the Promoter' for reBishation of their on-going Plorect 'Shraddha Ileights'' The delayed application promotor promoter had apPlied for regishation ofl SePtember 13,2017 Subsequendy' the has not only failed to pay the Penalty amount in spite of cont'nuous fdl(rw uP by project in the stiPulated MahaltERA Secletariat, they have also not been able to comPlete the to MahaRERA' time which was December 31, 2017. Therefore, the said Penalty amount' due of Allottees shall form a part of the financial blue print, to be Prepared by the Association 2/3 *-"{r-----1- \ for carrying out the balance work to comPlete the Proiect under section 8 of the Real Estate (Regulabion and De\.eloPment) Act 20l6. the uisold 7 The Responclent is hereby reshained from creating any *rild paty rights against of C'A in apartments in the project. He is also dtected to upload the Annual Audit Repo* Form 5 for I-Y. 17-18 and I.Y. 18-19 within 30 days from the date of this Order' 8. Consequently, the rnalter is hereb), disposPd ol Chatterjee) Chairperson, N{ahaRERA 3/1