BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY MUMBAI 1. COMPLAINT NO: CC006000000055882 Santosh Sabaii Sawant 2. COMPLAINTNO: CC006000000055905 Rupesh Dhananiay Naik 3. COMPLAINTNO: CC006000000055907 Anil Daulat Shirke 4. COMPLAINT NO: CC006000000055875 Ramdas Sh rang Sanap 5. COMPLAINT NO: CC006000000055917 Ravina Ravikant Pawar 6. COMPLAINT NO: CC006000000055919 gntosh Shankar Waje 7. COMPLAINT NO: CC006000000055920 Hanumartt Dharmaji Katkar 8. COMPLAINT NO: CC006000000055921 Kanini Krishna Bhosale 9. COMPLAINT NO: CC006000000055922 Rupesh Subhash Shinde 10. COMPLAINT NO: CC006000000055924 Shweta Shaikar Karpe 11. COMPLAINT NO: CC006000000055953 Santosh Sitaram Divekar 12. COMPLAINT NO: CC006000000055954 Milind Krushna Kachare 13. COMPLAINT NO: CC006000000056046 Abhay Ghatge 14. COMPLAINT NO: CC006000000056051 Ganesh B Bho6ale 113 15. COMPLAINT NO: CC006000000056192 Himanshu Soni 16. COMPLAINT NO: CC006000000056191 Swapnil Raiput 17. COMPLAINT NO: CC006000000056219 Ashish Ku.uur 18. COMPLAINT NO: CC006000000056218 Chandn Shekhar Azad 19. COMPLAINT NO: CC006000000056236 Arurt Kumar 20. COMPL{NT NO: CC006000000056238 SuMh Kumar 21. COMPLAINI NO: CC006000000056246 sandeep Kumar 22. COMPLAINT NO: CC006000000056295 Subhash Sampat Walave Complainants Kuber Abhtaj Infta MaiaRERA Regn. No. P517000089% Respondent Corum: Shri. Gautam Chatteriee, Chairperso& MahaRERA Complainants were the rselves present. Respondent was represented by Mr. Kundaa Mhatre, authorised representative. Order October 19, 2018 1. The Complairnnts have purchased aparhnents in the ResPondenfs Proiect'KUBER GANRA.J' sifuated at Titwala, Thane via registered agreements for salc. The Complainants slated that they have paid substantial anDunt towards ihe consideration of the aPartmeflts and that pursuant to Are said agreements the Respondent was to handover Possession of dre apaitnents by May, 2016. Therefore, they played that the Respondent be directed to Pay them interest, on delay, as per the provisions of section 18 of the Real Estate (Regulation and 2/3 Development) Act, 2016 (heteinafiet rcfened to as the said Act) atuJ, handover possession of the said aparhnent at the eailiest. 2. The authodsed representative for the Respondent submitted that Are project could not be completed for reasoru beyond the Respondenfs control. Specificallp he submitted that there were issues pertaining to land and obshuctions were created by dre adjoining land owner. Further, he submitted that in Complaint nos: CC006000000023959, CC006000000023963 and CC006000000023965, MahaRERA has already directed the Respondent to handover possession of t}le apartments by Decembe! 31, 2018 and that similar Orders be passed in these complaints too. 3. The Complainants submitted a declaration dated October lZ 2018 that at this stage, they are interested in having the proiect completed and will therelore not insist that the Respondent pay them interest for the delayed possession as on date, plovided, the Respondent completes the proiect by committinS to a reasonable timeline. Further, they submitted tllat if they do not see the efforts of Are Respondent towards the comptetion of the project, they should be at liberty to demind interest as per the provisions of section 18 of the Real Estate (Regulation and Development) Act, 2016 and the rules and legulations made thereurder, from the Respondent for the delay in completing the said proiect. 4. In view of the above facts, the Respondent shall, therefore, handover the possession of the apartments to t}te Complainants before the period of December 31, 2018. The Complainants shall be at liberty to demand interest at a'r appropriate stage, as per the provisions of section 18 of the Real Estate (Regulation and Developftent) Act 2015 and the rules and regulations made thereunder, from the Respondent fol the delay in completing the said proiect. 5. Consequently, the matte$ are hereby disposed of. Chattedee) MaiaRERA 3/3