BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY,
                                              MUMBAI

                           COMPLAINT No: CC0060000000551 27



       Mr. Bhogowot Bhonudos Tondole                               ..... Comploinonts
               Versus
       M/s Riel lnfrostructure Pvt. Ltd & 3 Ors.                   .... Respondents.


    MohoRERA Registrotion No. P5l 7000101 53
    Corom: Hon'ble Dr. Vijoy Sotbir Singh, Member- l
    Adv. Amey Athovole oppeored for Comploinont
    Adv. Jitendro Bokliwol oppeored for Respondent I to 3.
    None oppeored for Respondent No. 4

                                            ORDER
                                      (5rH Morch, 2019)



1      The comploinont hod filed this comploint under section l8 of the Reol Estote
       (Regulotion ond Development) Act. 2016 (hereinofter refened to os RERA)
       seeking directions from MohoRERA to ihe respondent, moinly to poy interest for
       the deloyed possession ond to give possession of his flot no. Bl2O2, in the
       respondent's project known os "Jolly Aporlmenl" beoring MohoRERA
       Regiskotion No. P51700010153 ot Shohpur, Thone. The project is being
       developed by respondent number I (M/s Riel lnfrostructure Pvt. Ltd.)


2      The comploinont hos orgued thot he hod purchosed the soid flot in the
       respondent's project vide Agreement for Sole I 0/04/201 5 for o iotol
        considerotion of Rs. 12,07,500/-. Out of this, the comploinont hod poid o totol
       omount of Rs. I 1,40,000/-. The stipulote dote of possession in the ogreemenl
       wos December 2016. However, the respondent foiled to complete ihe proiect
        ond hondover the possession of the flot till dote. The comploinont hos lherelore
        cloimed interest for deloy under section l8 of RERA.


                                                               e*y
3   The respondents no. I to 3 hove filed the reply on record of MohoRERA ond
    disputed the cloims of the comploinont, ond submitted thot there were internol
    disputes going on with odjoining londowner ond controctor/ developer due to
    which the proiect got deloyed. They olso stoted thot though the possession
    dote is registered with MohoRERA wos December, 19. They were reody to
    hondover the possession in Morch 2019. Respondents further submitied thot the
    flot hod been given to the comploinont below the morket volue.

4   The MohoRERA heord the orguments mode by both the porties os well os their
    written submissions. ln the present cose, odmittedly, the comploinonts hove
    booked the flot in the respondent's pro.iect in the yeor l5 ond the ogreed dote
    of possession wos December 2016. However, the project got deloyed ond the
    comploint could not get his flot till dote.

    Focts of this cose show very cleorly lhe problems foced by respondents, os
    submitted in ihek reply, do not foll in the coiegory of force Moleure. The
    comploinont is therefore entitled to the interest for deloy. Even though ihe
    respondents chonged the dote of possession while registering the project with
    MohoRERA, the dote of possession wriiten in the ogreement for sole is relevont
    to colculote the period of deloy.


6. ln view of obove discussions, the respondent is directed to poy interest to
   comploinont on the money poiO to$s him oi Morginol Cost Lending Rote
    (MCLR) plus 2 % interest for the period of deloy with effect from Jonuory 2017 till
    the dote of octuol possession under the provisions of Section lS of the RERA
    ond the Rules mode there under.

7. With the obove directions, the cose is disposed of.
                                                                         \

                                                          (Dr. Vijoy So ir Singh)
                                                          Member- l /MohoRERA
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