BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY MUMBAI., COMPLAINT NO: CC0060000000rt4235 Suresh Varlani Complainant. Versus Anil Kursija Respondent. MahaRERA Regn: P51700008216 Coram: Hon'ble Shri I\ladhav Kulkarni. Appearance: Complainant: In person Respondent: Representative Shri Sunil Dongare Final Order 10$ October, 2018 1. The complainant who had booked a flat with respondent / builder seeks withdrawal from the project and refund 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 FIat No. 1704 in Building No.3 in the project of Respondent Trinity Oasis. The complainant paid Rs. 22.5 lakhs to the respondent. The respondent had agreed to deliver the possession on 31.03.2015. The respondent has not delivered possession of the flat and therefore complainant filed this complaint to recover interest @24o/" p.a. on the amount paid to the respondent. 3. The respondent has resisted the complaint by filing his say. The respondent has alleged that complainant wanted to make investment and invested amount for a period of five years. As a security the respondent has executed agreement for sale on 29s September 2014. At the time of agreement, no plinth was completed. Construction of 29 storeys cannot be comptetg *1 ,r ,o'\" within 6 months, i.e. by 31* March 2015. The complainant cannot file the present complaint. He did not pay Service Tax or VAT amount. No cause of action arose to file this complaint. 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 my determination. I have noted my findings against them for the reasons stated below. Points Findings 1. Has the respondent proved that the complainant Was a monev lender and did not intend to Purchase a flat? Negative 2. Has the respondent failed to deliver possession of the flat to the complainant as per agreement? Affirmative 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 delence is that thc 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 of the flat is not given. The complainant on his part has placed the agreement dated 29e SePtember 2014 on record. As per clause 11 date of delivery of possession is 31.03.2015. No doubt the period for delivering possession is very short i.e. about 6 months. However, such delivering of possession if construction is at advanced stage in such very short period is not -1",* impossible. We do not know what was the stage of construction when agreement was executed. 6. There is nothing on record to show that complainarnt made investment with the respondent. Consequently, respondent {ails 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 agreement. The complainant is therefore entitled to refund of his amount. I therefore answer to Point No.l in the negative and nos. 2 & 3 in the affirmative and proceed to pass following Ordcr. ORDER 1) The complainant is entitled to withdraw from the proiect 2) The respondent to pay Rs. 22.5 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'k fuorr. 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 ilj- Mumbai. (Madhav Kulkarni) Date: 10.10.2018 Adjudicating Officer, MahaRERA