BEFORE THE MAHARASHTRA REAI ESTATE REGULATORY AUTHORITY,
                                           MUMBAI

                         COMPLAINT No: CC006000000055485


       Mr. Sontosh Chholrobhuj Kochove & Anr                 ..... Comploinonts
                Versus
       M/s Riel lnfrostructure Pvt. Ltd & 3 Ors.             .... Respondents.


    MohoRERA Registrotion No. P51 7000i 0153
    Corom: Hon'ble Dr. Vijoy Sotbir Singh, Member-l
    Adv. Amey Athqvole oppeored for comploinont.
    Adv. Jitendro Bokliwol oppeored for Respondent I to 3.
    None oppeored for Respondent No. 4


                                         ORDER
                                    (Q4tu April, 2019)



I      The comploinonts hove filed this comploint under section l8 of the Reol
       Estote (Regulotion ond Development) Act, 2016 (hereinofter referred to os
       RERA) seeking directions from MohoRERA to the respondent, moinly to poy

       interesi for the deloyed possession ond to give possession of their flot no.
       Bl2Ol , in the project known os "Jolly Aportmenl" beoring MohoRERA
       Registrotion No. P51700010153 ot Shohpur, Thone. The project is being
       developed by respondent number 1 (M/s Riel lnfrostructure Pvt. Ltd.)


2      The comploinonis orgued thot they hod purchosed the soid flot in the
       respondent's project vide Agreement for Sole 13/07/2015 for o totol
       considerotion of Rs. 10,.l3,500/-. Out of this, the comploinonls hod poid o
       totol omount of Rs. 12,07,500/-. The stipuloted dote of possession in the
       ogreement wos December 2016. However, the respondent foiled to
       complete the project ond hondover the possession of the flot till dote. The
       comploinonts hove therefore cloimed interest for deloy under section l8
       of RERA.

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

4. The MohoRERA heord the orguments mode by both the porties os well os
    theirwritten submissions. ln the present cose, odmittedly, the comploinonts
    hove booked the flot in the respondent's project in ihe yeor 2015 ond the
    ogreed dote of possession wos December 2016. However, the proiect gof
    deloyed ond they could not get their flot till dote.

5   Focts of this cose show very cleorly ihe problems foced by respondents, os
    submitted in their reply, do not fqll in the cotegory of force Mojeure. The
    comploinonts ore therefore eniiiled to the inierest for deloy. Even ihough
    the respondents chonged the dote of possession while registering the
    project with MohoRERA, the dote of possession writlen 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
    comploinonts on the money poid to him ot Morginol Cost Lending Role
    (MCLR) plus 2% interest for the period of deloy with effeci from Jonuory
    2017 fll lhe dote of octuol possession under the provisions of Section l8 of
    the RERA ond ihe Rules mode ihere under.

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

                                                                      'tA4.--
                                                             (Dr. Vijoy Sotbir Singh)
                                                             Member-/MqhoRERA