BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY ALIIHORITY MUMBAI COMPLAINT NO: CC0050000000,14013 Vallinayagam S Asari Complainant Neptune Developers Ltd MaiaRERA Regn. No. P51700010102 Respondent Corum: Shd. Cautam Chatterjee, Chairperson, MahaRERA Complainant was him.self present. Respondentwas represented by Ms. Manisha Chandwani, Authorised representahve. Ordel September :t 1, 2018 1. The Complainant tras purchased an apartment beadng no: 204-8 in the Respondenls proiect 'NEPTUNE SWARAJYA SECTOR 2- 87, 821, 822A, 8228, B22C' situated at Kalyan, Thane via registered agreement for sale dated August 23, 2012. The Complainant has alleged that the date of possession as stipulated by the said agreement is long over. Theiefore, he prayed that since the Respondent has failed to hand over the possession of the apartment within the stipulated period, they be directed to pay inteiest on delay, as per the piovisions of section 18 of the Real Estate (Regulation aj1d Development) Act, 2016 (/rereinat'ter rcferred to tts thc said Act). 2. The authorised representative for the Respondent explained that the construction work oI the project could not be completed because of reasons which were beyond the Respondenfs conhol. However, she added, that the Respondent is now in the process of obtaining the occupation certificate lor the said project and will haldovet possession of the apartment by November, 2018, The Complainant also accePted the revised tirneline for possession. u2 3. In view of the above facts, the Respondent shall, therefore, handover the Possession oI the apartment with Occupancy Certijicate, to the Complainant before the period of November 30, 2018, failing which the Respondent shall be liable to pay interest to the Complainant from Decernber 1, 2018 till the actual date of possessiorL on the entire amount paid by Ore Complainant to the Respondent. The said interest shall be at the rate as prescdbed under Rule 18 of the Maharashtra Real Estate (Regulation and Development) (Registation of Real Estate Projects, Regiskation of Real Estate Agents, Rate of Interest and Disclosures on Website) Rules, 2017. 4. Consequendy, the rnatter is hereby disposed oI \{alaRERA 2/2