BEFORE THE

                MAHARASFITRA REAL ESTATE REGULATORY AUTHORITY

                                          MUMBAI
                        COMPLAINT NO: CC006000000023340


       Ramesh Hotchand Premaney                                            Complainant


       Versus

       Anil Kursija
       MahaRERA Regn. No. P51700008216                                     Respondent




                        COMPLAINT NO: CC006000000012719


      Gorden Jagwani                                                       Complainant


      Versus

      Anil Kursija
      MahaRERA Regn- No. P51700008216                                      Respondent




Corum:
Shri. Gautam Chatterjee, Chairperson, MahaRERA

Complainant were themselves presenL
Respondent was himself present a/w Ms. Swapnali Bamle, Adv.


                                           Order
                                        May 24,201.8


   1. The Complainants have purchased apaitments in the bearing Nos. 2803, 1603 and 1902
      in the Respondent's project 'TRINITY OASIS' situated at G.B. Road, Thane via
      registered agreement for sale (hereinafEr refened to as the said agreenznfs) in 2014. The
      Complainants stated that they have paid substantial amount towards the
      consideration of the said apartments and that pursuant to the said agreements the
      Respondent was to handover possession of the said apartments by December 2014.

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   Therefore, they prayed the Respondent be directed to pay them interest as Per the
   provisions of section 18 of the Real Estate (Regulation and Development) Act,2016
   (hereinnfEr re.ferred to as the said Act) and handover possession of the said aPartments

   at the earliest.


2. The Respondent submitted that the Complainants are investors and not allottees and
   that he has already been paying interest to them for the loan amount taken. Further,
   he submitted that the stamp duty and registration charges for the said agreements
   were borne by him and that he is willing to return the amounts paid by them along
   with the stamp duty and registration charges.

3. Thd Complainants disputed the Respondenfs claim that they are investors and
   submitted that they are only interested in getting the possession of the said
   apartments. Further, they submitted they are willing to make the balance payments
   for the said apartments as agreed between the parties. They also submitted that at this
   stage, they are interested in having the project completed and will therefore not insist

   that the Respondent pay them interest for the delayed possession as on date, provided,
   the Respondent completes the project by committing to a reasonable timeline. Further,
   they submitted that if they do not see the efforts of the Respondent towards the
   completion of the project, they should be at liberty to demand interest as per the
   provisions of section 18 of the Real Estate (Regulation and Development) Ac! 2016
   and the rules and regulations rrade thereunder, from the Respondent for the delay in
   completing the said project.


4. The Respondent could not produce documents to prove that the Complainants are
   investors and that he has been paying them interest.


5. On review of the respondent's MahaRERA regishation it is observed that the
   Respondent has pttt J:uly , 2022 as the revised proposed date of completion which is an
   unreasonable time period for completion of the project. As per the provisions of the
   Rule 4 of the Maharashtra Real Estate (Regulation and Development) (Registration of
   Real Estate Projects, Registration of Real Estate Agents, Rates of Interest and
   Disclosures on Website) Rules,2017 the revised date of possession for an ongoing
   proiect has to be commensurate with the extent of balance development.



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6. In view of the above facts, the respondent shall, therefore, handover the possession of
   the said apartments, with Occupancy Certificate, to the Complainant before the period

   of May 31, 2020, talling which the Respondent shall be liable to Pay interest to the
   Complainant from fune 1, 2020 till the actual date of possession, on the entire amount
   paid by the Complainant to the Respondent. The said interest shall be at the rate as
   prescribed under Rule 18 of the Maharashtra Real Estate (Regulation and
   Development) (Registration of Real Estate Projects, Registration of Real Estate Agents,
   Rate of Interest and Disclosures on Website) Rules, 2017.



7. The Complainants shall be at liberty to demand interest at an appropriate stage, as per
   the provisions of section 18 of the Real Estate (Regulation and Development) Act, 2016
   and the rules and regulations made thereunder, from the Respondent for the delay in
   completing the said project.


8. Consequently, the matter is hereby disposed of.

                                                                     (Gau     Chatterjee)
                                                                              MahaRERA




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