BEIORE THE

                 MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY
                                            MUMBAI
                                 COMPLAINT NO. CC001000000000094


      Dattatay Khedekar                                                Complainant


      Versus

      M/s. ShreePrakash Creative Buildcon J.V
     MahaRERA Regn. No. P51600007163                                  Respondent

     Corum: Shri Gautam Chatterjee, Chairperson, MahaRERA

     Complainant was hirrself plesent.
     Respondent did not appear.



                                           Order (Ex-parte)
                                             May 16, 2019



1. The Complainant has stated that he had booked an apartment in the Respondent,s proiect,Le
     Regalia Phase II BLDG E AND I' situated at Nashik in 2012. The Complainant stated that
     therea-fter he cancelled the said booking, however, the Respondent is yet to refund the amount

     paid. Therefore, he prayed that the Respondent be directed to refund the amount paid with
     interest.


2.   The Respondent u,,as not present on the date of headn& despite service oI notice.



3- On review of the Respondent's regishation webpage it is observed that the extended project
   registration granted under the provlsions of srtion 6 of the Real Estate (Regulation and
     Development) Act, 2016 has also lapsed on December 31, 2018.

4. During the cource of the hearin& it was explained to the Complainant tlat since the prorect
     registation has iapsed and the project is still incomplete, the only way forward wouid be to
     protect the right of the allottees and enable them to form an Association so as to exploie the


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   possibfity of invoking the provisions of section 7/8 of the said Act to take the proiect towards
   completion. At this stage, when the project is at a stand-still, it would not be proper to create
   further charge on the project in the nature of allowing refuld of money to any allottee, from
   the dedicated RERA account specially created as a ringed fenced account for the purPose of
   completion of the project.


5. In view of the above facts, the Respondent is directed to handover the list o{ allottees oI the
   said proiect to the Complainant within 30 days {Iom the date of the said Order, to enable the
   allottee6 to take an hJormed decision pe aining to drc said proiect. The allottees arc advised
   to ploceed u]rder Section 7/8 of the Act as per the MahaRERA Order no. 8/2019 dated March

   29, 2019 on Revocation of Re8istration of Projecl



6. The Respondent rnay seek the approval of the association of allottees for order under Section
   7(3) of the said Act, as per MahaRERA Order no 7/2019 dated February 8,2019 on Revocation

   of Regishation of Project for reviving and completing the said project.


7. Consequently, the matter is hereby disposed of

                                                                                  utam Chatterjee)
                                                                                      NIaIaRERA




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