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  BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY
   CORAM :- SHRI R.K. MALABADE, ADJUDICATING OFFICER, PUNE-II

                                      CC006000000375066/APPL/NC/1



Manasi Manish Puri
Manish Mahendra Puri                        .. Applicants-Complainants

      Versus

Ram Developers
Shri Mukehsh Madhav Malve
Shri Mohan Baburao Shinde
Mr. Chunilal Dayalal Fariya.
Mr. Ramesh Bhiwa Patil
M/s Shree Sai Developers
Mr. Mukesh Madhav Patil                     .. Opponents-Respondents

MahaRERA Registration No. P51700008949

Appearance :-
Applicants-Complainants         : Adv. Sneha Golecha
Opponents-Respondents           : Adv. Rohan Mane


                                   ORDER
                               (26 DEC. 2025)
                                 th



      1. This matter is referred to be under non-compliance of the
          common Final Order, dated 30.12.2024 passed by the Hon’ble
          Member-I, MahaRERA, whereby the respondent-promoter is
          directed to pay interest for the delayed possession to the
          complainants on actual amount paid towards consideration of the
          said flat at the rate as prescribed under Rule 18 from 01.01.2022
          till the actual date of possession of the said flat. Further as per
          clause (c) the amount of interest payable by the respondent be
          paid after obtaining full O.C. and the respondent-promoter is at
          liberty to adjust the said amount tobe paid at the time of
          possession .
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2. The learned Adv. for the complainants submitted that O.C. is
   received and possession of the flat has been handed over to the
   complainant on 09.05.2025 as per possession letter however,
   the respondent has not adjusted the interest part, nor paid the
   outstanding dues towards the interest to be paid to the
   complainant at the time of possession. The respondent has also
   not filed disclosure affidavit of assets as per Circular No. 51/2025
   of MahaRERA, despite directions given to the respondent. It is
   therefore, prayed for passing necessary order by issuance of
   recovery warrant and imposing penalty under Section 63 of
   RERA.
3. The respondent through their Adv. has filed written notes of
   arguments. According to the respondent, the construction cost
   increased tremendously and the hike was almost double than the
   original estimate.       The promoter has obtained occupancy
   certificate and the complainant has received possession from the
   promoter. The delay caused only due to force majeure events
   as mentioned in the written notes of arguments, which were
   beyond the control of the promoter. It is therefore, the
   respondent    prayed     for   rejection   of   the   non-compliance
   application with cost.
4. Perused the final order, written notes of arguments and also
   heard learned Adv. for the complainant. Since the learned Adv.
   for the respondent, hence no oral submission on behalf of the
   respondent.
5. It appears that as per the final order, the directions are given to
   the respondent to adjust the interest part at the time of
   possession, since in view of the mitigating circumstances, as
   mentioned therein the order. No doubt,the complainant is
   entitled for the interest for delayed possession at the rate as
   prescribed, from 01.01.2022 till the date of possession i.e. 9 th
   May, 2025. Calculation sheet is filed on record. In view of the
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         said final order, the respondent has not paid the remaining
         interest amount after adjustment at the time of possession.
         Hence there is non-compliance of the said final order.                             The
         respondent has also not filed affidavit of disclosure of assets as
         per the Circular No.51/2025 of MahaRERA though the directions
         are given in the Roznama dated 25.11.2025. There is also breach
         of the directions in the final order.
      6. In view of the above, I therefore, proceed to pass following order
                                          ORDER


   (a) Issue Recovery Warrant against the respondent for recovery of dues as per
      the final order, directing the concerned District Collector to recover the same
      in accordance with law under section 40(1) of RERA.
   (b) The respondent is liable to pay penalty as per Section 63 of RERA, at the rate
      of Rs.1,000/- per month w. e. f. 10.05.2025 till compliance, which
      cumulatively to the extent of 5% estimated cost of the project.
   (c) As per circular No.51/2025 of MahaRERA, the matter is transmitted to the
      concerned jurisdictional the Principal Civil Court of original jurisdiction as per
      provisions of sub-section (2) of Section 40 of RERA, to ensure and secure
      compliance with the provisions of Sub-rule (2) and Sub-rule (3) of Rule 41 of
      Order XXI of Code of Civil Procedure, 1908.        The complainant is to take
      necessary steps before the concerned jurisdictional the Principal Civil Court of
      original jurisdiction.
   (d) In view of the above the present non compliance application is disposed off.
                                                  RAJENDRA          Digitally signed by RAJENDRA
                                                                    KALLAPPA MALABADE
                                                  KALLAPPA          Date: 2026.01.01 12:28:19
                                                  MALABADE          +05'30'


Pune                                                    ( R.K. Malabade )
Date :- 26.12.2025                           Adjudicating Officer, MahaRERA, Pune