BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY
                       AUTHORITY,
                         MUMBAI

                    Complaint No. CC006000000171720
Mr. Siddhesh Belose
Mrs. Jagruti Belose                                    ..Complainants
                   Vs
M/s. Karrm Infrastructure                              ..Respondent

MahaRERA Project Registration No. P51700008284

Coram: Dr. Vijay Satbir Singh, Hon’ble Member – 1/MahaRERA

Adv. Tanmay Ketkar appeared for the complainants.
None appeared for the respondent.

                             INTERIM ORDER
                            (11thDecember, 2020)
                        (Through Video Conferencing)


1. The complainants have filed this complaint seeking directions from
   MahaRERA to the respondent to refund the entire amount paid by them
   along with interest and compensation under section 18 of the Real Estate
   (Regulation & Development) Act, 2016 (hereinafter referred to as ‘RERA’)
   with respect of booking of a flat No. 501, on 5th floor, in wing –C of the
   respondent’s registered project known as “Karrm Gardens-1” bearing
   MahaRERA registration No. P51700008284 at Ambarnath Dist- Thane.

2. The complaint is heard finally today as per the Standard Operating
   Procedure dated 12th June 2020 issued by MahaRERA for hearing of
   complaints through Video Conferencing. Both the parties have been issued
   prior intimation of the hearing. Accordingly, the complainants appeared
   through their advocate and made their         submissions. However, the
   respondent though has been issued notice for the hearing has neither
   appeared nor filed any reply on record of MahaRERA as per the SOP dated
   12-06-2020. It shows that the respondent is not willing to contest this
   complaint. Hence the MahaRERA heard the arguments of the complainants
   and also perused the record.
3. During the course of hearing, the complainants have stated that they have
  purchased the said flat in the respondent’s        project    by executing a
  registered agreement to sale dated         29-04-2016.       As per the said
  agreement, the respondent was liable to handover possession of their flat
  on or before 31-12-2016.      However, till date, the respondent failed to
  handover possession of the same to them. Hence they lost faith in the
  respondent. Therefore the present complaint is filed seeking refund along
  with interest and compensation under section 18 of the RERA.

4. Considering the aforesaid facts, since the complainants are seeking refund
   along with interest/compensation under section 18 of the RERA as the
   agreed date of possession mentioned in the agreement for sale has lapsed,
   this complaint stands transferred to Ld. Adjudicating Officer MahaRERA,
   Mumbai, for adjudicating the quantum of compensation as per the
   provisions of RERA and rules and regulation made thereunder.

5. In the present case, it is noticed by the MahaRERA that according to the
  information available on MahaRERA website that the validity period of the
  said project has already lapsed on 30/11/2020. Further, the respondent has
  not uploaded the Form-4 and occupancy certificate on MahaRERA website.
  Therefore, prima facie, it shows that the project is still incomplete.

6. Hence, the respondent is directed to approach MahaRERA for extension of
  the project period or take any other action to revive the project giving a
  definite time-line for its completion within a period of one month from the
  date of this order.




                                                    (Dr.Vijay Satbir Singh)
                                                    Member – 1/MahaRERA