BEFORE T}IE MAI IARASIITRA REAL ESTATE REGULATORY AUTHORITY Mt'MBAI SUO lvlOTU CASE NO . 68 oI 2020 Secretary, Mahanshha Real Estabe Regu-latory Authodtv Complainant VeIsus Mr. Kailash Radha& shna Kshtsagar llespondent Ekta Kuthiata & Associates (Chartered Accountant) Akantcha Associates (Proiect Archid) (Mr. Mrugank Arvind l€mbhe) Proiect Profcssionals MahaRERA registralion no: P514O0013069 Corum: Shri GautaEr Chatte4eg ChairPercol! MahaRERA None app€ared for ResPondcnt Proiect professional5 did not appear Order (Ex-Pade) February 10,2020 1 This is a Suo-Motu matter taken up by MaIERERA against the ResPondent's Proi'tt'Utsav Residcncy'which is registered with MahaRERA Registration No P51400013069' 2. On review of the ResPondent's Project regishatiory it is observed that the Proje't no oxtension registration of the said Proiect has laPsed on SePtember 18, 2018 and thereaJter' of the date has tren either sought or granted under the Provisions of the Iteal Estate (Regulation and DevetoPment) Act, 2016 and the rules and legulatrons madc thcreunder' the Project is not Further, the details available on the Proiect registration webPage show that Report of yet completed. Moreover, the ResPondent has not uploaded the Annual Audit rl3 ,-4- \ Statutory C.A. Form 5 for F.Y. 17-18 and F.Y. 18:19 ti.1l date as required under the provisions oI section 4(2X1) and section 11(1) oI the Real Estate (Regulation and Development) Act, 2016 read with Regulation 4 oJ the N'talaRERA General Regulations, 2017. 3. Since, there have been no online comPlaints filed with MahaRERA in this Project, as yet, this matter was taken up as a Suo Motu ComPlaint and the ResPondent and Proiect Professionals. associated with the project \a'ere called for the heaing No one aPpeared for the Respondent and Proiect Professionals, associated with the Project in spite of seruice oI notice. At this stage when the Project registlation Period has lapsed, the only way Iorward would be to protect the dght oI tl€ allottees and enable them to Iorm an Association of allottees who can take an informed decision regarding carrying out the balance 'ork to comPlete the project. In view of the above facts, the ResPondent Kailash Radhakrishia Kshirsagar is hereby details' dtected to handover the list of allottees oI the said proiect, along with their contact thP allottees to all the allottees of the said proiect, along with a copy of this order' to enable decision Pertaining to the to form an association of allottees and thereaftel take an inforrned proceed under Section 7/8 of said project. ThereaJter, the associatron of allottees may like to 29' 2019' the Act as per the MahaRERA Older no. 8/2019 dated March Kailash Radhaldslna 6. MahaRBRA had imPosed a pertalty of Rs 2,00,059/ - on the promoter' Kshi$agar, for delayed application fot registration of their on-going project'Utsav Residency'. The Promoter had aPplied for regishahon on September 01' 2017' (aited to pay the Penalty amount' in spite of Subsequendy, the promotor has not oily able to comPlete continuous lollow up by MahaRERA Secetariat, they have also not been the in the stiPutated time which SePtember 18, 2018 Therefore' the said penalty Foject amount,duetoMaluRERA,shallfonnaPartolthefinancialblueprint'tobePreParedby 2/3 q ^.e,t:- - ' t the Assmiation of Allottees for carrying out the balance work to comPlete the Project under section 8 of ttre Real Estate (Regulation and Development) Act, 2016. The Respondent i5 hereby restained from creating afly third Pa*y rights against the urlsold aparhnents in the project. He is also d ected to upload the Arlnual Audit RePort of C A in Form 5lor F.Y. 17-18 and F.Y. 18-19 within 30 days ftom the date of this Order' E. Consequently, the maftcr is heteby disposed of- ,"-1A-- --.f (cau Chattedec) Chatperson, MahaRFRA 3/3