BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY, MUMBAI Virtual Hearing held through video conference as per MahaRERA Circular No.: 27/2020 COMPLAINT NO: CC006000000193079 RAJU GOGA ADHANGLE …COMPLAINANT/S VS NEPTUNE DEVELOPERS LTD. …RESPONDENTS MAHARERA PROJECT REGISTRATION NO. P51700008931 Interim Order September 22, 2022 (Date of hearing – 23.03.2022) Coram: Shri. Ajoy Mehta, Chairperson, MahaRERA Advocate Sonam Singh for the Complainant Mr. Karkhanis for the Respondents 1. The Complainant is a home buyer and Allottee within the meaning of Section 2 (d) of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as the “said Act”) of Real Estate Regulatory Authority (hereinafter referred to as the “RERA”) and the Respondents are the Promoter/Developer within the meaning of Section 2 (zk) of the said Act and are registered as the Promoter of the Project namely “NEPTUNE SWARAJYA SECTOR 2 - B6” under section 5 of the said Act bearing MAHARERA Project Registration No. P51700008931 (hereinafter referred to as the “said Project”). On the MahaRERA Project registration webpage the proposed / revised completion date is mentioned as 31.12.2018 and the extended completion date of the said Project is mentioned as 31.12.2019. The said Project is a lapsed Project as on date. 2. The Complainant is seeking the following reliefs: “That the Respondents be directed to give the possession of the Apartment bearing Flat no. 407 in the building known as “Neptune Swarajya Sector 2 – B6” of the project known as “Neptune Swarajya Sector 2 – B6”, 5.2. That the Respondents be directed to pay the Page 1 of 4 interest @10.75% p.a. on Rs.4,46,918/- from the agreed date of possession that is from April 2013 till the date of actual possession, 5.3. That the Complainant should also be compensated for the mental agony and trauma to the tune of Rs.5,00,000/-, 5.4. The Complainant should also be compensated for the legal expenses to the tune of Rs.1,00,000/- which they have incurred in filing the complaint. 5.5. Any other and further order in the interest of justice.” 3. The present complaint was listed before this Authority for seeking interim reliefs on 23.03.2022 wherein the following roznama was passed by this Authority: “The Complainant states that they’re seeking possession and interest. However, today they only seek interim relief in terms of possession to be handed over to them. The Complainant states that OC up to both floor has been received and they have perused the Form 4 i.e. uploaded by the Respondent. The Complainant thus is today on a limited issue of interim relief on the matter of handing over possession. The Respondent states that NCLT had declared them insolvent by an order dated 16.07.2021. They also state that they’ve approached the Supreme Court and are waiting. The Respondent therefore expresses his helplessness to commit on anything as of today. The Respondent therefore states that the matter may be adjourned so that he could firm up his say subsequent to NCLT orders. The matter is Reserved for orders only on the issue of interim relief. The matter has not been heard on merits.” 4. The Complainant has filed a letter dated 04.03.2022 seeking possession of the said apartment under the urgency that he has no roof for himself and that the said Project has received occupation certificate (OC) which is evident from the Form 4 uploaded by the Respondent Promoters. 5. In view of the interim reliefs sought by the Complainant, the following facts are noteworthy: a. Vide a registered agreement for sale dated 05.03.2011 the Complainant purchased a flat No. 407 in the said Project for a total consideration of Rs.6,58,350/- of which the Complainant has paid Rs.4,46,918/- (hereinafter referred to as “said agreement” and “said apartment” respectively). The date of possession was blank in the said agreement however the Respondents promised to give possession by March 2013 but till date no possession has been granted. Page 2 of 4 b. Further it is observed that the Respondents has uploaded Form 4 on the MahaRERA project registration webpage wherein the Architects’ certificate dated 07.04.2019 states that the said Project was granted part OC till ground+4 storey on 29.03.2019 by Kalyan Dombivali Municipal Corporation (KDMC). c. During the hearing the Respondents submitted that National Company Law Tribunal (NCLT) had declared the Respondents insolvent by an order dated 16.07.2021 against which they have approached the Hon’ble Supreme Court and are awaiting orders. In view thereof the Respondents expresses his helplessness to commit on anything as of today and thus, sought that the matter be adjourned. 6. Thus, from the above facts and submissions, it is clear that the said Project is incomplete as on date as only part OC has been received i.e. upto 4 upper floors. It is also observed that the Respondents have not sought any further extension since 30.12.2019. Further, since the orders from the Hon’ble Supreme Court are pending on the issue of insolvency of the Respondents, this Authority in the interregnum period in the interest of the Allottee (Complainant herein) directs the Respondents to not create any third-party rights in the said apartment. It is pertinent to note that since the said Project is not fully complete and is delayed / affected by the pending litigation on the solvency of the Respondents, this Authority is restrained to pass any interim reliefs in terms of possession of the said apartment. Further, it is also pertinent to note that since there is an admitted delay in hand over of possession of the said apartment from the proposed completion date mentioned in the MahaRERA project registration webpage i.e. 31.12.2018, the Respondents shall be liable to pay interest for delay in handover of possession to the Complainant but this issue shall be dealt at the time of final hearing of the complaint. The Registry MahaRERA shall list the complaint on 17th January 2023 for final hearing on which date the reliefs of the Complainants shall be adjudicated. Page 3 of 4 7. Thus, the interim relief of no third-party creation of rights against the said apartment in the said Project is granted till further orders from this Authority and the complaint is adjourned to 17th January 2023 for final hearing. Respondents are directed to remain present on the said date. AJOY Digitally signed by AJOY MEHTA MEHTA 15:00:48 +05'30' Date: 2022.09.22 (Ajoy Mehta) Chairperson, MahaRERA Page 4 of 4