BEFORE THE

               MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY
                                          MUMBAI


   1. COMPLAINTNO. CC00600000002i959
       Kishor Kokate and Yogita Kokate

   2. COMPLAINTNO.CC006000000023963
      Ashok Jadhav and Geeta Jadhav

   3. COMPLAINTNO. CC006000000023965
      Nanasaheb Jadhav and Kavita Jadhav                               Complainants

      Versus

      Kuber Abhiraj Infra
      MahaRERA Regn. No. P51700008998                                    Respondent




Corum:
Shri. Gautam Chatterjee, Chairpersoru MahaRERA

Complainants were themselves present.
Respondent was represented by Mr. Vinaya Sakpal, Adv.


                                           Order
                                         July 4,2018


   1. The Complainants have purchased apartments in the Respondent's project'KUBER
      GANRAJ' situated at Titwala, Thane via registered agreements for sale. The
      Complainants stated that they have paid substantial amor:nt towards the
      consideration of the apartrnents and that pursuant to the said agreements the
      Respondent was to handover possession of the aparknents by May, 2016. Therefore,
      they prayed that the Respondent be directed to pay them interest on delay, as per the
      provisions of section 18 of the Real Estate (Regulation and Development) Act, 2016
      (hereinaftcr refened to as the said Act) and handover possession of the said apartrrent at

      the earliest.




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2. The Leamed Couuel for the Respondent submitted that the project could not be
    completed for reasons beyond the Responden/s control. Specifically, he submitted
    that there were issues pertaining to land and obstructions were created by the
    adjoining land owner. Further, he submitted that the Respondent is now comrnitting
    to handover possession of the apartments by December 31, 2018.




3. The Complainants submitted that at this stage, they are interested in having the project
    completed and will therefore not insist that the Respondent pay them interest for the
    delayed possession as on date, provided, the Respondent completes the project by
    committing to a reasonable timeline. Further, they submitted that if they do not see
    the efforts of the Respondent towards the completion of the project, they should be at
    liberty to demand interest as per the provisions of section 18 of the Reai Estate
    (Regulation and Development) Act, 2016 and the rules and regulations made
   thereunder, from the Respondent for the delay in completing the said project.




4. In view of the above facts, the Respondent shall, therefore, handover the possession of
   the aparknents to the Complainants before the period of December 31,2018. The
   Complainants shall be at liberty to demand interest at an appropdate stage, as per the
   provisions of section 18 of the Real Estate (Regulation and Development) Act, 2016
   and the rules and regulations made thereunder, from the Respondent for the deiay in
   completing the said project.


5. Consequently, the rnatters are hereby disposed of.

                                                                     (G   tam Chatterjee)
                                                                             MahaRERA




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