BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY MUMBAI. CON4PLAINT NO: CC006000000023752 Chander Tejwani Complainant. Versus Anil Kursija Respondent MahaRERA Regn: P51700008216 Coram: Hon'ble Shri Maclhav Kulkarni. Appearance: Complainant: In person Respondent: Representative Shri Sunil Dongare Final Order 1()th October, 2018 1. The complainant who had booked a flat with respondent / builder seeks withdrawal from the project and refuncl of the amount paid to the respondent as the respondent failed to deliver the possession of the flat as per agreement. 2. The complainant has alleged that he had booked Flat No. 504 in Building No.3 in the project of Respondent Trinity Oasis. The complainant paid Rs. 22 lakhs + Rs. 1,54,000/- Registration charges and Stamp DuW to the respondent. The respondent had agreed to deliver the possession on 31.03.2015. The respondent has not clelivered possession of the flat and therefore complainant Iiled this complaint to recover the amount paid to the respondent. When the matter came up before Hon'ble Chairperson on 21* May 2018, the complair-nnt expressed desire to withdraw from the project and claimed compensation and interest. 3. Thc respondent has resisted the conrplaint bv filing his sa1,. The responclcnt has alleged tltat one N{r. Nfanish fau,ahar Duscj;r wtrntetl to make 'b to -' investment and invested Rs.10 lakhs on 19th Augusf 2014 for a period of five vears & complainant invested Rs. 12 lakhs. As a security the responclent has executed agreement for sale on 20s August 20.14. At the time of agreement, no plinth was completed. Construction of 24 storeys cannot be completed within 6 months, i.e. by 31st March 2015. The complainant cannot file the present complaint. He did not pay Service Tax or VAT amount. ResPondent will cleliver possession to complainant and Manish in December 2023. The complainant has filed false complaint and therefore it deserves to be dismissed. 4. On the basis of rival contentions of parties following points arise for mv determination. I have noted my findings against them for the reasor-s stated below. Points Findings 1. Has the respondent proved that the complainant Was a money lender and did not intend to Purchase a flat? Nt:1lative 2. Has the respondent failed to deliver possession ol lhe lldl to the (omf la ina n, r, p", ffi'f,ffiS,- AJfirmative 3. Is the complainant entitled to the reliefs claimed? Affirmative 4. What order? As per final order Reasons. 5. Point no. 1 2 & 3 The main thrust of the defence is that the complainant never intended to purchase flat but it was a money lending transaction There is no dispute that the construction has not been completed and consequently possession oI the flat is not given. The complainant on his part has placed the agreement dated 20t1' August 2014 on record. As per clause l'l date of delivery of possession is 31.03.2015. il, \6,D No doubt the period for delivering possession is very shorf i.e. about 8 months. However, such delivering of possession if construction is at advanced stage in such very short period is not impossible. We do not knorv what was the stage of construction when agreement was executed. 6. There is nothing on record to show that complainant made investment with the respondent. Consequently, respondent fails to prove that it was a loan transaction On the other hand, the complainant has proved that respondent failed to deliver possession of the flat as per the agreement. The complainant is therefore entitled to refund of his amount. I therefore answer to Point No.1 in the negative and nos. 2 & 3 in the affirmative and proceed to pass following Order. ORDER 1) The complainant is entitled to withdraw from the project 2) Subject to complainant satisfying Mr. Manish Duseja's interests, the respondent to pay Rs. 22 lakhs to the complainant together with interest at the State Bank of India's highest marginal cost of lending rate which is at present 8.65% plus 2'/. from the date of receipt of those amounts till realisation. 3) The respondent to pay Rs. 25,000/- as cost of this complainant. 4) The complainant to execute cancellation Deed at the cost of.the respondent. 5) The respondent to pay the above amounts within 30 days from the date of this order. *\b \al Mumbai. (Madhav Kulkarni) Date: S.69.Nt8 I..--.--.- Adjudicating Officer, lo lo z'12,. MahaRERA