THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY, MUMBAI. COMPLAINT NO: CC006000000089591 Sanket Vijay Nikam ---Complainant Versus Karrm Infrastructure Pvt Ltd. --Respondents (Karrm Gardens - 1) MahaRERA Regn P51700008284 Coram: Shri B.D. Kapadnis, Hon ble Member-Il. ORDER ON THE RECOVERY APPLICATION FILED IN COMPLAINT. The complainant reports the non-compliance of the order passed in the complaint. 2. Initially the complaint filed complaint no. CCO06/56079. The parties filed consent terms in that matter and hence, it had been disposed of. The respondents agreed to clear the housing loan taken by the complainant from DHFL but failed to repay the loan and therefore the complaint no. CC006/89591 has been filed. \Atrhile deciding the said complain! the Authority has recorded the findings that the respondents have undertaken the responsibility of closing the complainan(s DHFL housing loan account by paying the four monthly equal instalments commencing froml7.0L.2019 onwards and the loan was to be cleared till May 2019. The respondents indulged in unfair practice by making the complainant to believe in the said arrangement on which they did not act upon. On this basis the respondents have been directed to Pay outstanding loan amount and close the complainanfs DHFL housing loan account No. 00000883, of Bhandup Main Branch within a period of one month from 27.08.2019. L 3. Today the complainant aPpears to submit that the respondents have not cleared the dues and DHFL employees are harassing him and his family members to compel them to repay the loan amount. 4. The respondents have failed to aPPear despite the notice to show cause as to why penalty under section 63 of RERA should not be imposed. 5. The aforesaid facts are quite sufficient to indicate that the respondents are in habit of making false promises and they have no regards for the orders passed by the Authority. It is necessary to check these mischievous activities of the promoters with firm hand. Found in the circumstance, I find no other alternative but to impose the penalty of Rs. 10,000/- per day till the order is complied with, under Section 63 of RERA, 6. The respondents shall report the compliance for stopping the imposed penalty z_-^-=, \\,\ Mumbai. (B.D. Kapadnis) Date:2l.17.2079 Member II, MahaRERA, Mumbai. 2 THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY, MUMBAI. COMPLAINT NO: CC006000000089591 Sanket Vijay Nikam. ... Complainant Versus Karrm ltrfrastructu re ()r't Ltd ...Respondents. (Karrm Garderrs - 1) MahaRERA Regn: P517000082&4' Coram: Shri B.D. KaPadnis, Hon'ble Member II. Appearance: Complainant: [n person' Respondenb: Absent. Final Order 27th August 2019. The complainant has filed this comptaint under Section 7 of RERA to complain that the respondents have indulged in unlair practice' He contends that he fileci Complaint No. CCN6/55079 against the respondents and the consent terms have been filed therein' The said complaint has been disposed of on the basis of those consent terms' The respondents have failed to act upon the consent terms particularly failed to foreclose the housing loan taken by the complainant from DHFL Housing Loan bearing account no. 00000883, Bhandup Main Branch' in four monthly equal instalments. 2. The respondents failed to appear despite the notice' Hence the complaint proceeds exPaI te against them. 3. Heard the complainant who submits that excePt the re-payment of loan amount the rest of the consent terms have been complied with He 1 not cleared the loan further submits that since the respondents have the Financer' amount, he has been receiving the notices from 4- After going through the consent terms marked Exh' 'A' filed in the have undertaken the earlier complaint, I find that the respondents Housing Loan Account responsibility of closing the complainant's DHFL corrunencing from 17th by paying the four monthly equal instalments means that they were to clear the loan amount January 2019 onwards. It to believe that till May 2019. Since the respondents made the complainant name and made the they would pay he housing loan standing in his complaint to sign on the consent terms resulting in withdrawal of his complaint and they failed to clear the loan amount' it amounts to RERA' Hence' the order' indulgence in unfair practice within Section 7 of ORDER loan amount The respondents are directed to pay the outstanding Account No' 00000883' and close complainant's DHFL Housing Loan Bhandup Main Br. within a period of one month' - the cost of the The respondents shall pay Rs 20,000/ towards complaint' t K \ tl Mumbai. Date:27.08.2079 (8.D. Kapadnis) Member II, MahaRERA, Mumbai 2