BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY
                       AUTHORITY,
                         MUMBAI

                  Complaint No. CC001000000000105
Mr. Jagadish Nehete
                                              .... Complainant
                                  Versus
M/s. Rachana Construction
                                                     …. Respondent
Project Registration No. P51600015977

Coram: Dr. Vijay Satbir Singh, Hon’ble Member – 1/MahaRERA
Complainant appeared in person.
Mr. Mahendra Salunkhe appeared for the respondent.

                                  ORDER
                           (28thAugust, 2020)
                      (Through Video Conferencing)


  1. The complainant has filed this complaint seeking directions from
     MahaRERA to the respondent to refund the entire amount paid by him
     to the respondent along with interest for the delayed possession under
     section 18 of The Real Estate (Regulation and Development) Act, 2016
     (hereinafter referred to as ‘the RERA’) with respect to booking of flat
     bearing No.403 in the respondent’s project known as “Ishan Heights”
     bearing MahaRERA Registration No. P51600015977 at Nasik.




  2. This complaint was heard on several occasions in the presence of the
     concerned parties and the same was heard and closed for order on
     06-03-2020, when the complainant appeared and made his
     submissions.   but none appeared for the respondent. However, the
     final order could not be passed due to non-availability of physical file
     as the office of MahaRERA was closed due to lockdown declared by the
     State as well Central Government due to Covid-19 pandemic.
3. The MahaRERA has now issued Standard Operative Procedure dated
  12-06-2020 for hearing of complaints through Video Conferencing.
  Accordingly, this complaint was again scheduled for hearing today as
  per the SOP dated 12-06-2020.      Both the parties have been issued
  prior intimation of this hearing and they were also been informed to
  submit their written submissions, if any. Accordingly, both the parties
  appeared for the hearing. The MahaRERA heard the arguments of both
  the parties as well as perused the record.




4. It is the case of the complainant that in the year 2014, he has booked
  the said flat in the respondent’s project for total consideration
  amount of Rs. 28.50,000/-. Out of the said amount till date he has
  paid an amount of Rs. 11,60,000/- to the respondent. However, the
  respondent neither issued allotment letter for the said booking nor
  has executed the agreement for sale with him. Thereafter, he came to
  know that the said booking is done without any approval and he also
  came to know that the said flat has already been sold to third party.
  Hence he wishes to withdraw from this project and is seeking refund
  of the amount paid by him to the respondent.



5. During the course of hearing, the respondent has stated that the said
  booking was done after the occupancy certificate was approved by the
  competent authority in the year 2014-2015 and the complainant has
  paid an amount of Rs. 11,60,000/- for which receipts have been duly
  issued.   Thereafter the building plans were changed and hence the
  complainant sought refund of the amount paid by him. Accordingly,
  he    had filed complaint before the Consumer Forum which was
  withdrawn by him. However, the respondent showed his willingness to
  refund the entire amount paid by the complainant and requested
  MahaRERA to grant him 6 months time          from today for the said
   payment and he will start making the said payment after 2 months
   and will complete the said payment in monthly instalments within 6
   months.



6. The complainant has also accepted the offer given by the respondent.
   However, he requested that the respondent be directed to make
   payment through RTGS and the respondent has agreed for it.



7. In   view of the aforesaid facts, the MahaRERA feels that nothing
  survives in this complaint. The respondent is directed to abide by the
  statement made before the MahaRERA and refund the entire money
  paid by the complainant through RTGS within a period of 6 months in
  monthly instalments as agreed by him, failing which appropriate action
  would be taken against the respondent under the relevant provisions of
  RERA and the Rules and Regulations made there under.


8. With these directions, the complaint stands disposed of.




                                               (Dr.Vijay Satbir Singh)
                                              Member – 1/MahaRERA