MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY,
                         MUMBAI.
                                No. MahaRERA/VITWARRANT/33/03/2023'
                                Date: 28th March 2023.

To,
The Collector, Thane
Collector Office, Court Naka,
'Ihane (West), Maharashtra,100601

       Sub: Execution of the warrant under Section 40(1) of RERA in Cornplaint
       No. CC005000000196221 filecl b1' BIRENDRA RAM KARAN SHUKLA
       Vs. ASSETS REALITY in Proiect No. P51700008568.


Sir,

       I am forwardirrg the recovery \t'alrant undcl Section 40 (1) of RERA & Ior

its execution. You are requeslecl lo iook inb thc matter Personally and get the
warrant executed at the earliest. On reaiization of the amount, you are
requested lo ilform us.


                                                  Yours faithfully,




                                                (Dr'. Vasar.rt I'rabhu)
                                                     Secretary
                                                MahaRERA, Mumbai

Encl.: Wafiant with
       necessary Papers
Details of the attachable assets to be required u/s 17/2 of Maharashtra
Realization of Land Revenue Rules 1967. When Revenue Recovery
Certificate is under the provision of Revenue Recovery Act 1890'


                         No. Mahal{ERA,/VIVWARRAN ry33103/2023.
                         Date: 2Eth March 2023.
1,    Name and address of the        BIRENDRA RAM KARAN SHUKL A
      firm: -
                                     ROOM NO 13, RAN4BHUJARAT
                                     NIWAS, I--ARID NAGAR, BHANDUP
                                     WEST, NEAR SHIV SHARDA
                                     MANDAT-. Mumbai Suburban
                                       ,100078.


                                       Mobile No.- +9"1- 7208902074
                                       Email ID: - ,r r.,r,r .iri,r ld!r Lz@g]lor!.., r

 2.   The sum to be recovered.         Interest for delayed possession of Rs.
                                       5,91,497/- on the PrinciPal amount
                                       paid by the complainant of Rs.
                                       i 11,77,110/- calculated til,I 0A04/m23
                                        with further interest till sslon.
 3    The provision of law under        Recovery warant ty's 40(1) of Real
      which the R.R.C. is sent to       Estate (Regulation and Development)
      recover the sum as in arrears     Act,2016 and Rule 3 of Maharashtra
      of Land Revenue.                  Real Estate (Regulation and
                                        Development) (Recovery of Interest,
                                        Penalty, Compensation, Fine payable,
                                        Forms of Complaints and APPeals,
                                        etc.) Rules,2017.
      No. & Date of order under         Complaint No.: CC006000000196221
      which amount is ordered to be
      recovered.                        Final Order dated: sth August 2021
 5    Full name and address of the      ASSETS REALITY
      defaulter with name of the
      building, room no., road name,    I,-002, SANGHVI ESTAT'E, NEW RTO
      village name/town, taluka,        ROAD, KIIADAKPADA, NEAR CINIJ
      Dist. Pin Code No.                NIAX, Dist. Thane, Taluka KalYan -
                                        42t301,.
                                       RITESH MISHRA (Partner)
                                       Authorized Signatory & Contact
                                       Person
                                       C4 1301, PUNYODAYA PARK,
                                       ADHARWADI JAIL ROAD, NEAR
                                       DON BOSCO SCHOOL, KALYAN -
                                       421301.

                                       Mobile No.- +91- 9867421077
                                       Email ID: - i ite<h/.d @sma il.c!!t

6.   Full details of the propertY of   tne Project known as "THE
     defaulter against which the       CHALETS AVENUE" situated aI Piot
     process may be executed.          Bearing No / CTS no / SurveY
                                       Number/ l inal Plot no. 72/1, at
                                       Badlapur, Tal. Ambernath, Dist.
                                       Thane - 421503.

                                           a) Housing project which is dulv
                                              registered under the RERA Act
                                              bearing Registration No.
                                              P51700008568.

                                           b) C)ther apartments which are still
                                              not booked.
                                              Noter Land on which the project
                                              is being implemented,
                                              apartments that are already
                                              booked with other allottees
                                              should not be attached so that
                                              the project can be completed.

7    Immovable properfy:                   c) lf by attaching the ProPerty
       a) Name of the building                rnentioned in 6 above still
          Hous{Building.                       aucars remain, then the
       b) Room No.                             properties/ offices or anY other
       c) Name of the villagy'town             movable or immovable
       d) Road nam{gally name                  properties of the defaulters be
       e) Sr. No,/ II No, of the               atLached and auctioned. In order
          property                             to ascertain unsold inventorY
       f) Area of the property in              and oLher properties of
           square meters                       defaulters, you may adoPt the
                                               procedure similar to which laid
       g) CTS No. of the property   down under Order 21 Rule 41
          area of the property.     CPC - namely to examine the
                                    judgernent debtor to disclose his
                                    property and produce ifl;
                                    property card, failing which he
                                    can be sent to ail for 3 months




                                              Vasarr t l'rabhu)
Mun.rbai                               -r   Secretarv
Date: 28tt March 2023                   MahaRERA, Mumbai
        MAHARASHTRA REAL ESTATE REGULATORY AUTHORIT},
                          MUMBAI.

                                    No. MahaRERA,/VIVWARRANT/33/03/2023'
                                    Date: 28th March 2023.

                    Recovery Warrant U/s . 40(1) of Real Estate
(Regulation and Development) Act, 2016 and Rule 3 of Maharashtra Real
Estate (Regulation and Development) (Recovery of Inter€st, Penalty,
Compensation, Fine payable, Forms of Complaints and Appeal, etc.) Rules,
2077.

Complaint No.: CC005000000196221
Project No: P51700008568
BIRENDRA RAM KARAN SHUKLA                                     Complainants
                                            Versus

ASSETS REALITY                                            --- Respondents


To,
The Collector, Thane
Collector Office, Court Naka,
Thane (West), Maharashtra 400601

        Whereas the above-named complainant has filed the above complalnt
No. CC006000000196221, and the Authoritlu/ Adjudicating Officer passed thi'
enclosed order wherein the respondent was direcled to pay interest from
01. /04/20-18 on the consideration amounts paid till handing over possession.

        And whereas the respondenl has failed to comply with the order.

      And whereas the amount ordered is recoverable frorn the respondents as
an arrears of land revenue by virtue of Section 40(1) of Real Iistate (Regulation
and Development) Act, 2016 and Rule 3 of Maharashtra Real Estate (Regulation
and Development) (Recovery of Interest Irenalty, Compensation, Fine payable,
Forms of Complaints and Appeal, etc.) Rules, 2017.
     You are hereby directed to recover thc orderecl amount from Lhe
respondent as the arrears of land rcvcnuc and pay it lo the complainant and
repoft the compliance.
        fhe necessarl ir tformal.ir,n i':
 1) Name of c omolainant with his address:

       BIRENDRA RAM KARAN SHUKLA

       ROON4 NO 13,              RAMB}IUJARAT NIWAS, FARID NACAR,
       BHANDUPWEST,              NTAIT SIIIV SHARDA IVIANDAL, Mumbai
       Suburban - 400078.


       1'4q!ifs \s.- +91- 720E9O2074
       Email ID: - b renclr!i[u]!la L9rl2.6€urrr corr


     2l Name of respondents/promoter /directors/ Dartners

       ASSETS REALITY
       L-002, SANGHVI ESTATE, NEl,\' RTO ROAD, KFIADAKPADA, NEAR
       CINE MAX, Dist. Thane, l aluka Kalyan - 421301


       RITESH MISHRA (Partner) - Authorized Signatory & Contact Person
       C4 1301., PUNYODAYA PARK, ADHARWADI ]AIL ROAD, NEAR
       DON BOSCO SCHOOL, KALYAN - 421301.


       Mobile No.- +91- 9867421071,
       Email ID: - r!1e!hzc.d-@s nr.! l.ctaul


3.      Name of the Droiect & its location:


        The Project known as "THE CHALETS AVENUE" srtuated at Plot
        Bearing No / CI'S no / Suruey Number/Final Plotno 1'2,f'L, atBadlapw,
        Tal. Ambernath, Dist. Thane - 421503.


       a) Housing proiect which is duly registered under the RF,RA Act bearing
          Registra tion No. P51700008558.

       b) Other apartments which are still not booked and not mortgaged to any
          Financial Institutions/ Bank.
        Note: Land on which the project is being implemented, apartments that
        are already booked with other allotlees and apartments that are
      mortgaged to Financial Institutions/Banks shou ld not be attached so that
      the project can be completed.



   4\ Particulars of immovable property and any other movable and
      immovable propertv:
      a) If by attaching the property mentioned in 3 above still arrears remah,
             then the properties/ offices or any other movable or immovable
             properties of the defaulters be attached and auctioned. In order to
             ascertain unsold inventory ancl other properties oI defaulters, you
             may adopt the procedure similar to which laid dorvn under Order 2.1
             Rule 41 CPC - namcly to cxamine the judgement debtor to disciosc,
             his property and produce its property card, failing which he can be
             sent to jad for 3 months.



   s) Amount to be refunded:

      Interest for delayed possession of Rs. 5,9L,497/- on the principal
      amount paid by the complainant of Rs. 1L,n,n0/- calculated till
      0l/04/2O23 with further interest till possession



   6) Enclosures:

      i)       Final order dated. 5u,August 2021.
      ii)      Order of Non-compliance dated 2*r December 2022
      iii)     lnterest calculation submitied by the complainant.




                                                        Vasanl Prabhu)
Mumbai                                                  Secretarv
Date: 28th March 2023                               MahaRERA, Mumbai
                   BEFORE THE MAHARASHTRA

      REAL ESTATE REGULATORY AUTHORITY, MUMBAI

            Virtual Hearing held tfuough video conlerence as per
                     MahaRERA Circular No.: 27 / 2020


                  Complaint No. CC005000000196221
Birendra Ram Karan Shukla                               ...   ComPlainant/ s



M/s. Assets Reality                                     ...ResPondent/s

         MahaRERA Proiect Re#stration No. P5u00008568


Colam: Shri. Aioy Mehta, Chairperson, MahaRERA
Complainant present in person
Advocate Yatin Gujrathi for the Rcspondent

                                   Order
                               August 05, 2021


1. The Complainant is a homc buyer and an Allotee within the meaning of
   Section 2 (d) of the Real Estate (RegulaLion and Development) Act,2016 and

   the Respondents are Promoters/Developcrs within bhe meaning of Section

   2 (zk) of the Real Estate (Regulation and DeveloPment) Act, 2016 The
   Respondents have registered their Project "THE CHALETS AVENUE"
   uflder section 5 of rhe Real Eslate (Regulation and Development) Act 2016
   ("RERA") beadng MAHARERA Regiskation No. P517fiXD8558
   (hereinaJter referred to as the "said Proiect")-


2. On 18.05.2021, the following roznama was Passed by thls Authority:
       "C.ot1pb)inant present in person. ML Ystifl Guirathi, Ad,'ocaLe aryar lol
       Respondent, TIE cot plaino t shles that he Ind hooked a fat in 2016 and was
       to get p.tssessiofl Mnrch 201E. The complainaflt also confends lhal he hds pzid
       substantial afiount.

       The Ld Counsel for Respontlent co ends that the RERA completion date t'as
       e efldrd to Decenber 2A18 i\\d s bsequently Io lttfle 2021- F rlher, he
                                 pagelofs                                       11S-
                                                                           ^.\t
                                                                           U-.4
        cantends thnt Respo dent wa ld be able lo campLete nfid hnndo|Er possession
        by lune 2021.


        The complainaathotL,eoer contends thut in:'ielo ol deLay his fnancial planning
        is disturbed andhe his   f tlillg it dificult to ll1akz lwtfut payments.
        Both parties to ntkmpt to nnit e nt an amicable settleme tbll3l P52021,.

       The Ld Counsel for Resryde t is rcq estEd to tnke tle lead to bri S nbout on
       amicabb settlement. ln case no settlenenl terms are arrhtd nt by 31/05 / 2021,
        the nntter n'ill be cLosed for orders."


   Though the Ld. Counsel for Respondcnt was requested to bring about an
   amicable settlement in the mattcr, but no settlemcni is afiived between the
   parties.



3. The reliels sought by the Complainant is as follou's;
       "a) Tht Respondenf is tlirettted to Pay the interest to tha Cofiplai nflL as per
       Section-l 8 under Real Estnte Regulation nnd Da'eloP hcnt Ac4 20'16. Witlli nB
       Stip tlated tinle Wiod as deen ft by the Maharero Authottiy.

       b) Respondent be clvecLed to rcf fld the cast of litigatioll   i currcd of the cunerlt
       cottplaiflt.

       c) Respondent be imposet! t penally fiir riolnLing lhc RERA rubs atd
       reg lations.

       d) The Responrlent be directed lo slictly ndherc ta Real Estnte Fcgulation and
       Dez)elopfilefit Act, 2016 nnd its Rules and Regulations

       e) Any other rctief as this Hon'ble Authoihl may deem          ft nnd ptoper'"

4. The submission of the parties in thc headng held on 18 05.2021 are as under



A) The submission of the Complainant is as follows:
    a. Vide an agreement oI sale dated 02.03.2017, an aPartment No 702 on the
      7th floor, rn wing "A", admeasuring 503 sq. Ft (carPet) in the said Project

      for a total consideiaLion ol Rs.L2,07,200/ - (including all taxes total
      amount of Rs.14,51,974/) (hereinafter referred to as "said aPartment")



                                    Pase 2 o{ 5
                                                                                   \"ilsy
     was agleed to purchase by thc ComPlainant (heieinafter refeEed to as
     "said agreement").
   b. Total amount paid by the ComPlainant was Rs.11,77,110/- and balance
     amount of Rs.2,74,861/- (inclucling tax amount) remains to be Paid by
     bhe Complainant

   c. The possession date as per the said agteement was March 20t8 which till
     date has not been handed ovcr.
   d. The Respondent has titl date not Providcd thc Possession of the said
      aparhrent to the CornPlainant because of which the ComPlainant
     mentioned that his financial Planning is disturbed alld he his finding it
     diificult to make fufther Payments.


5. The submisslons of the Respondent are as follows:
   a. It is admitted that thc said aPartment has been booked by the
      Compiainant vide the said agreement in the said Proiect which for
      agreed consldelation.



   b. That the ComPlainant is in default oI his slab wise payment Therefore'
      Complainant has wiolated section 19 (6) o{ RERA and ComPlainant is
      Iiable to pay interest to ResPondent under sectiofl 19(7) o( RERA as
      stated in the atfidavit in reply dated 15 05.2021 @ para 5 & 10


   c. It is also mentioned that ex - Pa*ner Mr' Pankaj J' Trivedi of the
      Respondent had defuauded thc firm and misapproPriated monies from
      firm's account ancl for this rcason there is delay tn handing over
                                                                        (@ para 12'
      possession as stated in the alfidavit in rePly dated 15'05 2021


   d. That the 90 % construction is comPleted and in the near future OC shall
      be obtained and possession shall be given to the comPlainant




                                                                                SV
                               Page 3 ofs
                                                                         \"
6. From the submissions of the Complainant and the Respondent the issue that
   arises for consideration   r that:
      a. LNhether tfu Complainanl ts entitletl to seek interest fot delryed Possessiott
          of tllc soid apaitfient?


7. Belore dealing with fhe facts in this comPlaint, it is Pertinenf to examtnc
   "possession" as contemplatecl under sectton 18 of the said Act:
       " 78. (7) lf tlp Womotet fails ta conrylete or is u nble to Sioe Possessio" o:f an
       aparhnefit, plat or builditg, -
       (a) in accordafice ruith the             the         ent         Ie or, as the cnse
       ma1:lbe,
       dl.tly compleled the .la        ed
       A) due to discofifinuance of his business ns a det'eloPer on accounl o.f
       suswnsoll
       or )ewcanon of llu regi.I tfi Inn untler lht' Att ot fot dny olher rcason .
       he shatl be ltkle ou"rl"*urd lo lhe allollees. in cn"e lht ollollce ztish?s to
       tlithdlat!t''torfi lhe project, loithout Preiudice to atq other temedy.ata,ilable ' to
       returu lhc anounl reciiuerl bt' ltm tn respttl o[ th0t npndnPnl Plol- butldi-n3.-
       is lhe caap nuy bc. n'tlh ilttcre't Rt <tt, h t|te os nny he pre'rrrbed rn lhi< behalf
       inclwling compensation in the nafl er as Prooided unrler this Act:

       Proa ed thal w her an allottee d oes t10t ifi tend to uit hitau,           the
                                                                          ho
       wsiec!, he shaLl be paid, btl lhe pronoter, ifltercst
       till the ha rilirre ooet of the ssess10fi, nt such fite as nny be Pftscribed "


8. However, fuom the plain reading of section 18 it is clear that if the Promoter
   (Respondent herein) fails to handover Possession as pel the terms of the
   agteement for sale by the sPecified date therein, the Altotee (Complainant
   herein) has a choice either to withdraw from the sard Proiect or stay with
   the Project. Furthet in case the Allotee (Complainant herein) chooses to
   withdraw from the said Project, hc is entitled to claim refund with interest
   including compensation against ihe Ptomoter (ResPondent helein) and in
   case the Allotee (Complainanr hcrein) chooses to staY in the said Proiect he

   is entitled to claim interest for the delay till handover of possession'

9, Thus, in the present comPlaint the Iollowing observations are noteworthv:
    a. That the ResPondent llas not disputed and/ or refutcd to the possession
       date i.e. March 2018 and hc has admitted same fact in therr reply dated
                                                                                         \V
                                     PaBe 4 of5
                                                                               vt
         15.05.2021. Thus, there is no disPute with regard this date of possession

         by the Respondent.


      b. Further the provisions of scction 18 arc clear that iI the ResPondent fails
         to handover possession by the specified date i.e. March 2018 rs liable to
         pay interest to the Complainant and this Provision does no[ Provide for

         any waiver or disclalmer or cxcePtion or force maieure event happening,
         It ls an absolute provision. I{easons for delay as stated by the ResPondent

         can be grounds for consideration with rcgard to seeking extension of the

         .ompletion date under NIahaRERA for the said Proiect and not
         otherwise

 10. Thus, ftom the above observations is it .lear that the ResPondent has

     violated provisions of section 18 which is clear from its own admission and
     hence the Respondent is liable to pay interest to the Complainant for the
     delay in handing over the Possession from 01 04.2018 onwards till date of
     handing over the possession. Thus, thc answer to i6sue no. a is affirmative

                                    FINAL ORDER

The Respondent is directed to pay interest from 1't April,2018 at Lhe rate as
prescribed ul1det R Ie 1E of the Mnharushtrn Real Estate (RegulaLton nnd
Deoelopme t) (Registration of Real Estate Projects, Reilstratlol1 oI Real Estate Agents,
Pate af lnterest and Disclosurcs on l 'lebsid Rules 2017 till the handover of
possession oI the said apartment.




                                                                           r ' n.$,-
                                                                         ,o[J[r"n,"r
                                                           ChairpersorL MahaRERA



                                    PaBe 5 of S
   BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY
                      AUTHORITY, MUMBAI
                NON-COMPLIANCE APPLICATION
                                  In
          COMPLAINT NO: CCOO6OOOOOO 196221
BIRENDRA RAIY KARAN SHUKLA             .... COMPIA|NANT
                               Versus
[4/S ASSETS   REALIry                              .... Respondents
MahaRERA Registration No. P51700008568
Coram: Dr. Vasant Prabhu, Secretary, MahaRERA
Complainant appeared in person.
None appeared for the respondent.


                               Order
                         2nd December 2022
                   (Through Video Conferencing )


1. The complainant above named has filed the present application
  for non-compliance of the MahaRERA common Order issued on
  05/08/202L in the above-mentioned complaint (hereinafter
  referred to as the said complaint), by the respondent.


2. In the said complaint filed by the complainant, the resPondent
   was directed to pay interest for the delay to the complainant from
   Of/04/2018 at the rate prescribed under rule 18 of MahaRERA
  ru les.



3. On the said non-compliance applications, the hearing was held
   through video conferencing as per the N4ahaRERA Circular no.


                            Page 1 of 3
  27 /2020 and MahaRERA Order No. t5/2020



4. During the hearing, the complainant submitted that, the
   respondent has failed to comply with the order issued by the
   MahaRERA authority and has not paid the interest for the delay as
   per the said order. The complainant further submitted thau the
  respondent has never communicated anything with the
  complainant. During the last hearing as well, the respondent had
  sought time to settle the matter with the complainant However,
  the same has not been settled yet. The complainant therefore
  sought issuance of warrant against the respondent under section
  40( 1) of the RERA.


5. The respondent did not appear for the hearing even though the
   notice of hearing was duly served upon it.


6. After hearing the arguments of the parties, it is pertinent to note
   that the respondent has failed to pay the interest for delay to the
   complainant as per the directions issued in the said order' Hence
   the complainant is entitled to seek issuance of warrant. Hence,
   any further time granted to the respondent would lead to injustice
   to the complainant.


7. Therefore, the MahaRERA has no alternative but to proceed with
   action under section 40 (1) of RERA against the respondent. It is
   therefore, directed to issue a recovery warrant under section
   4O(1) of RERA read along with rule 3 of the Maharashtra Real
   Estate (Regulation & development) (Recovery of Interest, Penalty,
   Compensation, Fine Payable, Forms of Complaint & Appeals etc )


                             Page 2 of 3
  rules,ZOU, against the unsold inventory in the project of the
  respondent.


8. In view of the above, the application of non-compliance stands
  disposed of.



                                           Dr, Vasant Prabhu )
                                         Secretary, MahaRERA




                           Page 3 of 3