THE MAHARASHTRA REAL ESTATE REGULATORY AUTHO UTY MUMBAI COMPLAINT NO: CC006000000089815 Amit Govind Redkar . Complainan Versus Karrm Infrastructure Pvt. Ltd (Karrm Gardens -1) ... Responden MahaRERA Regn: P51700008284 Coram: Shri B.D. KaPadnis, Hon'ble Member II. Appearance: Complainant: In Person. Respondents: Absent. Final Order 23.d October 2019. The complainant complains that he booked flat no' C-02, Gulmohar in respondents, registered project Karrm Gardens situated at Chikhloli, Taluka Ambernath, District Thane. The respondents agreed to deliver its possession by the end of December 2014 but they failed to hand over the possession on the agreed date. The complainant wants to withdraw from the project, therefore, he claims the refund of his amount with interest under Section 18 of the Real Estate (Regulation and Development) Act, 2016 (RERA). 2. The respondents have faited to appear on27.08'2019 and today even after the notices are served upon them. Hence, the complaint proceeds exparte against them 7 ., Following points arise for determination. I record my findings thereon as under: POINTS FINDINGS 1. 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 his 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 flat on or before 31st December 2014. 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. Complainant has produced the payment format marked Exh. A. It shows the payments made by him towards part of the consideration, taxes, stamp duty, registration charges totalling Rs.23,59,22a / -. Since, the agreement is registered on 26.07.2013, as per section 47 & 48 of The Maharashha StamPS Act he is not entitled to get refund of stamp duty from sub registrar's office as the period of more than 5 years is over. However, he is not entitled to get reimbursement of interest paid by him on loan amount because he is entitled to get interest from the date of payment till the refund. I find that the complainant is entitled to get back the amount mentioned in payment format A with interest except the amount of interest paid to the bank. 2 6. Section 18 of RERA permits the allottee to get interest at prescribed rate prescribed under the rules, which is 2% above the State Bank of India's marginal cost of lending rate which is currently 8.4% per annum. The complainant is entitled to get Rs. 10,000 / - towards the cost of the complaint. Hence, the following order. ORDER a. The respondents shall refund the amount mentioned in payment format marked Exh. A except the amount of interest paid to bank with simple interest at the rate of 10.4% p.a. from the date of their payment till the refund. b. The respondents shall pay the complainant Rs. 10,000 / - towards the cost of the complaint. c. The payment format mark Exh. A shall form part of the order. d. The charge of the complainant's claim shall be on the booked flat till satisfaction of his claim. e. On satisfaction of the claim, the complainant shall execute the deed of cancelation of agreement for sale at respondents' cost. \q a2-\ - \o \) (B.D. Kapadnis) Mumbai. Member II, Date: 23.10.2019 MahaRERA, Mumbai. 3 9o\ t* Complaint No. Payment Format Booking No: NBK{!1oE 14 /Booking Date : 02 March 2013 Sr no. Stage Name Payment Date Mode of Payment Paid Amount in Rs Cheque No./Receipt No. Paid By 1 Token 31312073 Cheque 44352 t25792 Paid By Client 2 Allotment 4lt4l2073 Cheque 177 408 674457 Paid By Client S.D. Scanning & cash 15000 Paid By Client 3 7 /2112073 Processing 4 Plinth 8l20/20t3 NEFT/RTGS 1080000 Paid B Bank (Home Loan ) 5 2nd slab uzs/2014 NEFT/RTGS 350000 Paid B B ank (Home toan) 6 Service tax 4lr2l20t4 Cheque 1370 Paid B Client 7 Service tax 4lt2l2ot4 Cheq ue 5482 Paid By Client Service tax 41721?O74 Cheq ue 33372 Paid By Client 9 Service tax 4/L2/20t4 Cheq ue 71,724 000047 Paid By Client 10 VAT 4172/2OL4 Cheque 22t76 000046 Paid By Client Ll ocR s/312014 Cheque 100000 000048 & 000049 Paid By Client 12 ocR 7l|Ll2014 Cheque 95840 6',J.4454 Paid By Client 13 6th slab 77/7912Ot4 NEFT/RTGS 180000 Paid By Bank (Home Loan ) t4 Plastering 70l3L/2078 NEFT/RTGS 100000 Paid By Bank (Home Loan ) Total 2226124 15 16 Paym ent For stamp duty (26 Jul 2013) Payment For re8istration (26 Jul 2013) Total r.10900 22200 133100 (t ) ^ qu4 L7 lnterest paid by client from 15 Mar 2015 229@6 Total Money lnvested in Purchase of Flat 2588830 Complainant Name & Sign +!rnil- Go,r'inJ P.dkar Respondents Remark Respondent name & Sign