BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY,
                            MUMBAI

                      Complaint No. CC006000000089988
Mr. Abdulwaheed Mirza                           ..Complainant
                  Vs
M/s. Karrm Infrastructure                               ..Respondent

MahaRERA Project Registration No. P51700008284

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

The complainant appeared in person.
None appeared for the respondent.

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


   1. The complainant has      filed this complaint seeking directions from
      MahaRERA to the respondent to handover possession of his flat and also
      to refund the instalment paid to the respondent under the provision of
      the Real Estate (Regulation & Development) Act, 2016 (hereinafter
      referred to as ‘RERA’) in respect of booking of a flat No. A-404, on 4th
      floor, in the     respondent’s registered project known as “Karrm
      Gardens-1” bearing MahaRERA registration No. P51700008284            at
      Ambernath, Dist Thane.




   2. This complaint is heard finally today as per the Standard Operating
      Procedure dated 12-06-2020 for hearing of complaints through Video
      Conferencing. Both the parties have been issued prior intimation of this
      hearing and they were also informed to submit their written submissions,
      if any. Accordingly, the complainant appeared and made his submissions,
      however, none appeared for the respondent, though the notice for the
      hearing has been duly served upon it. Hence the MahaRERA heard the
      arguments advanced by the complainant and also perused the record.
3. During the course of hearing, the complainant has stated that as per the
   registered agreement for sale, the respondent was liable to handover
   possession of his flat on 31st December, 2014. However, the possession
   was not given to him. Thereafter by executing the MOU the respondent
   has extended the date of possession till         31st May 2019. Still the
   possession has not been given to him. In the meanwhile, the builder
   came up with a scheme for 25:75, whereby it has offered him refund of
   75% of total upgraded amount in 75 equal instalments. He opted for the
   said scheme. Initially, the respondent paid the instalment but thereafter
   it stopped paying the same. Hence, the present complaint is filed
   seeking possession of his flat along with refund of the instalment as
   agreed upon by the respondent under scheme of 25:75.



4. However, during the course of hearing        it was noticed by MahaRERA
   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.


5. In this regard, the MahaRERA is of the view that the promoter of such
   project should apply to MahaRERA for extension of the project. It should
   also enable the formation of the association of allottees under section
   -11(4)(e) of the RERA by sharing the project related information with all
   the allottees.


6. In view of the aforesaid facts, 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. The respondent is
   further directed to share the information of allottees with the
   complainant. The association of the allottees can contemplate action
   under sections 7 & 8 of the RERA if it so desires.
7. With these directions, the complaint stands disposed of with liberty to
  the complainant to approach MahaRERA for redressal of his grievances,
  if any, after the project is revived, by filing appropriate application in
  the present complaint.


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