THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY MUMBAI COMPLAINT NO: CC006000000079119 Surekha Pappu Shedale Complainant. Versus Karrm Infrastructure Pvt. Ltd. (Karrm Gardens -1) Respondent. MahaRERA Regn: P51700008284 Coram: Shri B.D. Kapadnis, Hon'ble Adjudicating Officer. Appearance: Complainant: In Person. Respondent: Absent. Final Order 23td J:u/ry 2019. The complainant complains that he booked flat no. C-04, wing E building no 1 known as Mogra in respondents' registered project 1 Karrm Gardens situated at Chikhloli, Taluka Ambernath, District Thane. The respondents agreed to deliver its possession by the end of June 20L5 but they failed to hand over the possession on the agreed date. The complainant wants to withdraw from the project, therefore, she claims the refund of her amount with interest under Section 18 of the Real Estate (Regulation and Development) Act, 2016 (RERA). 2. The respondents have failed to appear on 25.06.2019 and today even after the notices are served upon them. Hence, the complaint proceeds exparte against them. , L 3. Following points arise for determination. I record my findings thereon as under: POINTS FINDINGS 7. Whether the respondents have failed to deliver Affirmative. the possession of the flat on the agreed date? 2. Whether the complainant is entitled to get Affirmative. refund of her amount with interest at prescribed rate? REASONS 4. The complainant has produced the copy of agreement which shows that the respondents agreed to handover the possession of booked on or before 3gut June 2015. However, they have failed to deliver it on agreed date. Hence, I hold that the complainant has proved that the respondents have failed to deliver the possession of the flat on the agreed date. 5. The complainant wants to withdraw from the project. Therefore, the complainant is entitled to get refund of her amount with interest at prescribed rate. The complainant has taken a loan from DHFL under tripartite agreement. Its clause no. 8 shows that' in the event of cancelation of the residential apartment/ flat for any reason whatsoever the entire amount advanced by DHFL will be refunded by the developer to DHFL forthwith.' Now the complainant withdraws from the project and hence the liability to clear the loan amount is that of the respondents. Complainant has produced the payment schedule marked Exh. A. It shows the payments made by her towards part of the consideratiory taxes, stamp duty, registration charges and pre- EMIs. I find that the complainant is entitled to get back these amount with interest. 6. Section 18 of RERA permits the allottee to get interest at prescribed rate prescribed under the rules, which is2% above the State Bank of India's 2 marginal cost of lending rate which is currently 8.5% per annum. The complainant is entitled to get Rs. 1,0,000/- towards the cost of the complaint. Hence, the following order. ORDER a. The respondents shall refund the amount mentioned in payment statement marked Exh. A with simple interest at the rate of l}.s% p.a. from the day of their payment till the refund. b. The respondents shall pay the complainant Rs. 1,0,000/ - towards the cost of the complaint. c. The respondent shall repay the loan amount and the complainant is discharged from its liability. d. The payment statement mark Exh. A shall form part of the order. e. The charge of the complainant's claim shall be on the booked flat titl satisfaction of her claim. f. On satisfaction of the claim, the complainant shall execute the deed of cancelation of agreement for sale at respondents' cost. ?-')>-).\ (B.D.Kapadnis) Mumbai. Adjudicating Officer, Date:23.07.2019 MahaRERA, Mumbai. 3 tP Paid Payment Schedule Booking No - N BI(-01 42A2 1 Booking Date-24-Oct-2014 Stage Name Payment Date Mode of Payment Paid Amount in Rs. Cheque No./Receipt No. Total Paid Sr No t Payment for OCR 24-Oct-1,4 Cheque 235440 434942 25 %Paid by Client 2 Payment for 1st SLAB 26-0ct-1,4 Cheque 85311 434944 3 Payment for PLINTH 26-0ct-L4 Cheque 353160 434943 and 434944 673911 ( Payment for OCR 02-Dec-1.4 Cheque 236731 434945 Remaining Amount Paid by Client 4 out of 75% 236737 5 VAT Payment for Booking 14-Feb-15 Cheque 23544 L07342 VAT Paid by Client 6 Service Tax Payment for Booking 14-Feb-15 Cheque 7275 L07343 7 Service Tax Payment for OCR 14-Feb-15 Cheque 7315 L07343 Service Tax Paid by Client 8 Service Tax Payment for PLINTH 14-Feb-15 Cheque 10913 L07343 71.399 9 Service Tax Payment for Lst SLAB 14-Feb-15 Cheque 2636 t07343 10 Service Tax Payment for 7th SLAB 14-Feb-15 Cheque 43260 LO7343 71. Payment for Pre-EMl 29-May.X5 Cash 79645 2180909 1,2 Payment for Pre-EMl 13-Dec-L8 NEFT 37446 Total t062676 117800 # Payment for Stamp Duty and Registration 23600 Totel 1rt1400 ( Total Money lnvested in Purchase of Flat t204076 She J oJE u1fl'^or -9d."r