BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY, MUMBAI Virtual Hearing held through video conference as Per MahaRERA Circular No.: 27 / 202A COMPLAINT NO: CC005000000023959 KOKATE KISHOR SAHEBRAO & YOGITA KISHOR KOKATE ...COMPLAINANTS coMPLAr*r oo J/J"ooooooooo o2ss6s ASHOKJADHAV & GEETA ASHOKJADHAV ...COMPLAINANTS coMPLAr*r *i/J.oo6oooooo o2ss6s NANASAHEB BALKRISHNA IADHAV & KAVITA IADHAV ..COMPLAINANTS coMPLAr*' *.i/J.0050000000ss87s RAMDAS SHRIRANG SANAP ...COMPLAINANT coMPLAr*, *i/J.oo6ooooooossss2 SANTOSH SABAJI SAWANT ...COMPLAINANT c o MPL Ar*r * 8/J"oo.oooooooss eos RUPESH DHANANJAY NAIK ...COMPLAINANT u/s KUBER ABHIRAJ INFRA (Partnership) RESPONDENTS MAHARERA PROIECT REGISTRATION NO. P51700008998 Order Il/Lay 23,2022 (Date of hearing -23.03.2022- matters 70ere resen)ed for order) Page 1 of4 .( "/Nr \x Coram: Shri. Aioy Mehta, Chairpersory MahaRERA Complainants are present Mr. Mahadik, authorised representative for the Respondents 1. The Complainants are home buyers and Allottees 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 Promoters/Developers within the meaning of Section 2 (zk) of the said Act. The Respondents are registered as the Promoters of the Project namely "KUBER GANRAJ" under section 5 of the said Act bearing MAHARERA Project Registration No. P51700008998 (hereinafter referred to as the "said Proiect"). 2. The Complainants have filed the present applications for non - execution of the final order dated 04.07.2018 passed by Erstwhile Chairperson, MahaRERA in complaint Nos. CC005000000023959, CC006000000023963 & CC006000000023965 and also in final order dated 19.10.2018 in complaint Nos. CC006000000055875, CC006000000055882 & CC006000000055905 (hereinafter referred to as the "said non - execution applications" and "the said final orders" respectively). The Operative part of both the said final orders are same and is reproduced hereunder: "4. ln ttieru of tIrc abooe facts, the Respondent shall, therefore, handotter the possession of the apartments to tle Complainants before the period of December 3L, 2018, The Complainants shall be at liber$ to demand interest at an appropriate stage, as per the proaisions of section 18 of the Real Estate (Regulation andDeoelopment) Act, 2016 and the rules and regulations made thereunder, from the Respondent for the dclay in completing the said project." 3 On23.03.2022the said non-execution applications were heard and the following roznama was passed by this Authority: "AlI the Pnrties are present. The Complainants state that order dated luly 04, 2018 is not complied ruith and seeks interest together with possession. The Respondent states that the matter is nou, been raised as n Ciail Suit bearing Ciail Suit No.- 012020 in the Kalyan Court making it dfficult for him to comply. The matters are Reseraed for orders." Page 2 of 4 W* t.A Before this Authority moves further, there is an inadvertent error apparent on record, in complaint Nos. CC005000000023959, CC006000000023963 & CC006000000023965 wherein the Complainants have mentioned their co- Complainant names in the Respondent section and hence the roznama dated 23.03.2022 also mentions the co-Complainant as Respondents. However, it is pertinent to note that the said Project is in the name of the Respondents, Kuber Abhiraj In6ra, a partnership firm in the records of the MahaRERA Project registration webpage. Thus, the name of the Respondents in complaint Nos. CC005000000023959, CC006000000023963 & CC006000000023965 is Kuber Abhirajlnfra. 5. It is observed that vide the said final orders the Respondents were directed to handover the possession to all the Complainants before the period ending 31.12.2018, with occupancy certificate (OC), failing which the Complainants were at liberty to demand interest from the Respondents on the entire amounts paid by them, for the delay in completing the said Project, However, it is pertinent to note that the Respondents have failed to comply with the directions passed in the said final orders. 6. Further, the Respondents during the hearing dated 23.03.2022 submits that the Complainants have filed a Civil Suit bearing Civil Suit No. 012020 in Kalyan Court which is pending as on date and thus, they are unable to comply with the said final orders. 7 In view of above, it is pertinent to note that the Respondents have not submitted any stay order in the Civil Suit No. 012020 restraining handover of possession and / or any other documents with regard the same. Thus, the Respondents are directed to pay the total interest from 01.01,.2019 till30.05.2022inone instalment by the 30.06.2022 and the remaining interest to be paid on monthly basis on the 7h of every month till handover of possession failing nhich this Authority shall issue directions for recovery and issuance of recovery warrant under section Page 3 of 4 40(1) of the said Act. In view of above all captioned non - execution applications are disposed of. nJk Chairperson, MahaRERA Page 4 of 4