BEIORE THE

             MAHARASHIRA REAL ESTATE REGULATORY AUTHORITY
                                           MUMBAI


   1. COMPLAINT NO. CC06000000057486
       Papesh Laxman lt{urkutc and 23 others

   2. COMPLAINT NO:CC006000000079162
       Deepchand Dharna PrajaPati
                                                                   Complainants




Kuttr Abhiraj Infra                                                Respondent
MahaRERA Regn. No. P51700008qr8


Corum: Sfui. Gautam Chatte4ee, ChairPerson, MahaRERA

Complainants (-t) were themselves Present a/w l\'lr. Sachin Tidke, Adv'
Complainant (2) was himself present.
Respondent was rcPresented by Mr. Vinaya Sakpal, Adv.


                                             Order
                                        lariiary 21 , 2020


    l. The Complainants have booked apa*tnmts, in thc ResPondent's Proiect'Kubcl
       Ganiaj' situated at village: Titwala, 'faluka: Kalyan, District Thane- 421605' through
       various registered agreements for sale. The Complainants have stated that the
       Respondents have delayed the Proi.'ct inoldinatelli and failed to givc Possession
                                                                                                  as

       promised in the Agreemcnts forSale. The Complainants haveprayed interalja to dirert
       the Respondent to handover t}re Posses.sion of t}le aPartments at the eatliest with
       interest for the Period of Jelar trll possession'


    2. Du:ring thc hearing, the advocate for the ResPondent submitted that there are disputes
       between the l,andowner and the ResPondent, due to which, the landowner is
       obstructing the Construction u'ork and hence the Proiect work could not be comPleted'
    3. On review of the ResPonden(s regishation webpage it is observed that the Proicct
                                                                                       far from
        legistration time Period of December 31, 2019, has laPscd but the project is

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    coBlplction. Thc promoter has not sought anY extension under section 6 of the Real
    Estate (Regulation and Development) Act, 201(;- Further, the ResPondent has not

    uploaded the Awrual Audit Report of statutor)' cA - Form 5 for FY 18-19 till date as
    required under the provisions of sechon 4(2) I and scction 11(1) of the Real Estate
    (Regulation anci Developmcnt) Act, 2016 (herein atter rofcrred as the 6aid Act) read

    with regulation 4 of the MahaRERA Ceneral Regulations, 2017.


4. Since the Respondent hat failed to comPlete the Proicct and the registation Period is
    also over, the onl]' way forward, at this stage, would be to Protect the dght of the
    allottees and enable them to form an Association of Allottees (AOA) under the
    provisions of sechon 7/8 of the said Act to comPlete the Proiect.


5. In view of the above facts, the ResPondent is hereby directed to handover thP Iist of
    allottees of the said proiect, along with their contact details, to the ComPlainants and
    other allottees, within 30 da,vs ftom the date o( this order, to enable the allottees to
    form association of allottees, take an inlormed decision Pertaining to the way forward
    in the saicl project and also to decide iJ the association of allottees may like to procecd
    under Section Z8 of the Act as Pei the MahaRERA Order no 8/2019 dated March 29'
                                                                                             the
    2019 on Revocation of Registration of PtoiecL Thc ResPondent shall also uPload
                                                                                      from the
    Annual Audit Rcport of Statutory CA - Form 5 for FY 18-19 r r'ithin 30 days
    date of this order.


6. The Respondent nlay seck the aPProval of the association of allottees for older under
                                                                              February 8' 2019
    Section 7(3) of the said Act, as per MahaRERA Order no 7/ 201 9 dated

    on Revocation of Registration of Proiect fol reviving the said Proie(L


7   Consequently, the matters are hereby disPosed of


                                                                              utamChatteiee)
                                                                                   NtahaRERA




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