MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY, MUMBAI. No. MahaRERA/VIVWARR A.NT/20/06/2023. Date. 16th June 2023. To, The Collector, Thane Collector Office, Court Naka, Thane (West), Maharashtra 400601 Sub: Execution of the warrant under Section 40(1) of RERA in Complaint No. CC00600000005548s filed by SANTOSH CHHATRABHUJ KACHAVE & SUNITA SANTOSH KACHAVE VS. RIEL INFRASTRUCTURE PVT LTD in Proiect No. P51700010153. Sir, I am forwarding the recovery warrant under Section 40(1) of RERA & for its execution. You are requested to look into the matter Personally and get the warrant executed at the earliest. On realization of the amount, you are requested to inform us. Yours faithfully, Dr. Vasant Prabhu ) Secretary MahaRERA, Mumbai. Encl.: Warrant with necessary paPers Details of the attachable assets to be required u/s 17/2 of Maharashtra Realization of Land Revenue Rules 1967. When Revenue Recovery Certificate is under the provision of Revenue Recovery Act 1890. No. MahaRERA/VTYWARR ANT/20/06/2023. Date: 16rh )une 2023. 7 Name and address of the SANTOSH CHHATRABHUJ KACHAVE firm: - SUNITA SANTOSH KACHAVE RAGHUKUL BUILDING 2ND FLOOR, RIDDHI SIDDHI NAGAR, CHERAPOLI, DISTRICT THANE - 421601. Mobile No.- +91- 70570641M Email ID: - BHAGWATTANDALE@GMAIL.COM 2 The sum to be recovered. Interest for the delayed possession payable to the complainant calculated from ]anuary 2017 till the possession of the flat to the complainant along with occupancy certificate. 3. The provision of law Recovery warrant ry's 40(1) of Real Estate under which the R.R.C. is (Regulation and DeveloPment) Act, 2015 sent to recover the sum as and Rule 3 of Maharashtra Real Estate in arrears of Land (Regulation and Development) (Recovery Revenue. of Interest, Penalty, Compensation, Fine payable, Forms of Complaints and Appeals, etc.) Rules, 2017. 4 No. & Date of order under Complaint No.: CC006000000055485 which amount is ordered Final Order dated:4th April 2019 to be recovered. 5 Full name and address of RIEL INFRASTRUCTURE PVT LTD the defaulter with name Pan No. AAFCR2812M of the building, room no., SHOP NO. 4, NAREND MUNISH road name, village APARTMENT, STATION ROAD, ASAN nam{town, taluka, Dist. GAON EAST, OPP RAILWAY SATION, Pin Code No. SHAHAPUR -421601. HARESH BHANUSHALI - Managing Director FLAT NO 7302/A, AKRUTI ELEGANCE, 90 FEET ROAD, GAVANPADA, MULUND EAST, MUMBAI SUBURBAN - 4OOO83. PREM BHANUSHALI (Director) Authorized Signatory & Contact Person FLAT NO 1302/A, AKRUTI ELEGANCE, 90 FEET ROAD, GAVANPADA, MULUND EAST, MUMBAI SUBURBAN - 4OOO83. Mobile No.- +91- 9833776999 Email ID: - IOLLY APARTMENT @CANGDAVE.COM 6. Full details of the The Project known as "IOLLLY property of defaulter APARTMENT WING A AND B" situated against which the process at Plot Bearing No / CTS no / Survey may be executed. Number/Final Plot no. 92{7 at Shahapur, Thane - 42760'1.. a) Housing project which is duly registered under the RERA Act bearing Registration No. P51700010153. b) Other apartments which are still not booked. Note: Land on which the project is being implemented, apartments that are already booked with other allottees should not be attached so that the project can be completed. 7 Immovable property: c) If by attaching the property mentioned a) Name of the in 6 above still arrears remain, then the building properties/offices or any other movable Housq/Building. or immovable properties of the b) RoomNo. defaulters be attached and auctioned. In c) Name of the order to ascertain unsold inventory and village/town other properties of defaulters/ you may d) Road name/gally adopt the procedure similar to which name laid down under Order 21 Rule 41 CPC e) Sr. No,/ II No. of the - namely to examine the judgement property debtor to disclose his property and f) Area of the property produce its property card, failing which in square meters he can be sent to jail for 3 months. g) CTS No. of the property area of the ProPerty. r. Vasant Prabhu) Mumbai Secretary Date: 16rr, |une 2023 MahaRERA, Mumbai MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY, MUMBAI. No. MahaRERA/VTVWARR ANT/20/06/2023. Date. 16th Iune 2023. Recovery Warrant U/s. 40 (1) of Real Estate (Regulation and Development) Act, 2016 and Rule 3 of Maharashtra Real Estate (Regulation and Development) (Recovery of Interes! Penalty, Compensation, Fine payable, Forms of Complaints and Appeal, etc.) Rules, 2017. Complaint No.: CC006000000055485 Proiect No: P51700010153 SANTOSH CHHATRABHUJ KACHAVE SUNITA SANTOSH KACHAVE --- Complainants Versus RIEL INFRASTRUCTURE PVT LTD --- Respondents. To, The Collector, Thane Collector Office, Court Naka, Thane (West), Maharashtra 400601 Whereas the above-named complainant has filed the above complaint No. CC005000000055485, and the Authority/Adjudicating Officer passed the enclosed order wherein the respondent was directed to pay interest to complainant on the money paid to him at Marginal Cost Lending Rate (MCLR) pltts 2% interest for the period of delay with effect from January 2017 till the date of actual possession under the provisions of Section 18 of the RERA and the Rules made there under. And whereas the respondent has failed to comply with the order. And whereas the amount ordered is recoverable from the respondents as an arrears of land revenue by virtue of Section 0(1) of Real Estate (Regulation and Development) Act 2016 and Rule 3 of Maharashtra Real Estate (Regulation and Development) (Recovery of Interest, Penalty, Compensation, Fine payable, Forms of Complaints and Appeal, etc.) Rules, 2017. You are hereby directed to recover the ordered amount from the respondent as the arrears of land revenue and pay it to the complainant and report the compliance. The necessary inJormation is: 1) Name of complainant with his address: SANTOSH CHHATRABHUI KACHAVE SUNITA SANTOSH KACHAVE RAGHUKUL BUILDING 2ND FLOOR, RIDDHI SIDDHI NAGAR, CHERAPOLI, DISTRICT THANE - 42160I. Mobile No.- +91- 70570il704 Email ID: - BHAGWATTANDALE@GMAIL.COM 2) Name of respondents/promoters/directors/partners RIEL INFRASTRUCTURE PVT LTD Pan No. AAFCR2812M SHOP NO. 4, NAREND MUNISH APARTMENT, STATION ROAD, ASAN GAON EAST, OPP RAILWAY SATION, SHAHAPUR - 421601. HARESH BHANUSHALI - Managing Director FLAT NO 1302/A, AKRUTI ELEGANCE, 90 FEET ROAD, GAVANPADA, MULUND EAST, MUMBAI SUBURBAN - 4OOO83. PREM BHANUSHALI (Director) - Authorized Signatory & Contact Person FLAT NO 7302/A, AKRUTT ELEGANCE, 90 FEET ROAD, GAVANPADA, MULUND EAST, MUMBAI SUBURBAN - 4OOO83. Mobile 5s.- +91- 9833176999 Email ID: - OLLY APARTMENT@CANGDAVE.COM 3. Name of the proiect & its location: he Project known as "}OLLLY APARTMENT WING A AND B" situated at Plot Bearing No / CTS no / Survey Number/Final Plot no. 92{1 at Shahapur, Thane - 421607. a) Housing project which is duly registered under the RERA Act bearing Registration No. P51700010153. b) Other apartments which are still not booked. Note: Land on which the project is being implemented, apartments that are already booked with other allottees should notbe attached so that the project can be completed. 4) Particulars of immovable pro and any other movable and immovable propertv: a) lf by attaching the property mentioned in 3 above still arrears remain, then the properties/ offices or any other movable or immovable properties of the defaulters be attached and auctioned. In order to ascertain unsold inventory and other properties of defaulters, you may adopt the procedure similar to which laid down under Order 21 Rule 41 CPC - namely to examine the judgement debtor to disclose his property and produce its property card, failing which he can be sent to jail for 3 months. s) Amount to be refunded: Interest for the delayed possession payable to the complainant calculated from |anuary 2017 t:ll the possession of the flat to the complainant along with occupancy certificate. 6) Enclosures: i) Final order dated. 4th April 2019. ii) Order of Non-compliance dated TtnJuly 2022. iii) Calculation submitted by the complainant. (Dr. Vasant Prabhu) Mumbai Secretary Date: 16th |une 2023 MahaRERA, Mumbai BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHOR.ITY, MUMBAI NON.COMPLIANCE APPLICATION In complaint No. ccoo6ooooooos5485 SANTOSH CHHATRABHU] KACHAVE SUNITA SANTOSH KACHAVE ...Complainant/s Versus RIEL INFRASTRUCTURE PVT. LTD PREM HARESH BHANUSHALI HARESH R BHANUSHALI SUDHIR D TELAVANE ...Respondent/s MahaRERA Registration No. P517OOOlO153 Coram: Dr. Vasant Prabhu, Secretary, MahaRERA Complainant appeared in person. None appeared for the Respondent. Order 7th )uly 2022 (Through Video Conferencing) 1. The complainant above named has filed the present application for non-compliance of the MahaRERA Order dated O4|O4/2O79 issued in the above Complaint No. CC006000000055485 (hereinafter referred to as the said complaint), by the Respondent. 2. In the said complaint filed by the Complainant, the respondent was directed to pay interest to complainants on the money paid to him at Marginal Cost Lending Rate (MCLR) plus 2olo interest for Page 1of 3 the period of delay with effect from January 2Ol7 till the date of actual possession under the provisions of Section 18 of the RERA and the Rules made there under. 3. On the said non-compliance applications, the hearing was held through video conferencing as per the MahaRERA Circular no. 27/2020 and MahaRERA Order No. 15/2020. 4. During the hearing, the complainant submitted that the MahaRERA authority had disposed the complaint in April 2019 directing the respondent to pay interest for delayed possession to the complainant. However, the respondent has failed to comply with the said order. Hence the complainant prayed for the issuance of a warrant against the respondent under section 40(1) of the RERA. 5. The respondent did not appear for the hearing even though the notice of hearing was duly served upon it. 6. After hearing the complainant, it is clear that, the respondent has failed to comply with the order to date and has failed to pay interest for the delayed possession to the complainant. Hence no further time can be granted to the respondent. Hence the complalnant is entitled to seek issuance of a warrant against the respondent as per the provisions of the RERA. 7. Therefore, the MahaRERA has no alternative but to proceed with action under section 40(1) of RERA against the Respondent' It is therefore, directed to issue a recovery warrant under section Page 2 of 3 40(1) of RERA read along with Rule 3 of the Maharashtra Real Estate (Regulation & development) (Recovery of Interest, Penalty, Compensation, Fine Payable, Forms of Complaint & Appeals etc.) rules,2017, in the said project of the Respondent. 8. In view of the above, the present application stands disposed of. (Dr. Vasant Prabhu) Secretary, MahaRERA Page 3 of 3 BETORE THE MAHARASHTRA REAL ESTATE REGUTAIORY AUTHORITY, MUMBAI COMPLAINT No: CCff)60(M00055485 Mr, Sontosh Chholrobhui Kochove & Anr. -...- Comploinonts Versus M/s Riel infrostructure Pvt. Lld & 3 Ors. Respondenls MohoRERA Regisirotion No, P51 /000101 53 Corom: Hon'ble Dr. vijoy Sotbir Singh. Member-1 Adv. Amey Alhovole oppeored for comploinonl- Adv. Jitendro Bokliwol oppeored for Respondenl I to 3 None oppeored for Respondent No. 4 ORDER (Q+tir April. 2019) The comploinonts hove filed this comploint under section l8 of the Reol Estote (Regulotion ond Development) Act,2016 (hereinofier referred 1o os RERA) seeking direclions {rom MohoRERA to ihe respondent, moinly 1o poy inlerest for lhe deloyed possession ond lo give possession of iheir flot no. 8/201 , in the project known os "Jolly Apodmenl" beoring MohoRERA Regislrotion No. P51700010153 ol Shohpur, Thone. The project is being developed by respondent number I (M/s Riel lnfrosiruclure Pvt- Ltd.) 2 The comploinonls orgued thot lhey hod purchosed ihe soid flot in lhe respondenl's prolect vide Agreement for Sole B/A7 12015 for o totol considerotion of Rs. 10,.I3,500/-. Out of this. the conrploinonts hod poid o totol omount of Rs. 12,07,500/-. The stipr-,rloted dole oi possession in the ogreement wos December 2016. However, the respondent foiled to complete the projecl ond hondover the possession of lhe floi till dote. The comploinonis hove therefore cloimed interesl for deloy under seciron I8 of RERA drYlt 3. The respondenls no. I lo 3 hove filed the reply on record of MohoRERA ond dispuled the cloims of the comploinonts, ond submitled lhot there were inlernol dispules going on wilh odjoining londowner ond controclor/ developer due 1o which the proiect got deloyed. They olso sloted thot though the possession dote is regislered with MohoRERA wos December. 19. They were reody 'to hondover the possession in Morch 2019. Respondents turlher submilled thol the flot hod been given lo the comploinonts below the morkel volue. 4 The MohoRERA heord the orgumenls mode by both the porlies os well os lheir wrilien submissions. ln the presenl cose, odmitledly, the comploinonls hove booked the floi in lhe respondent's proiect in lhe yeor 201 5 ond the ogreed dote of possession wos December 201 6. However, the project got deloyed ond lhey could not gel their flot lili dole. 5 Focts of this cose show very cleorly lhe problems foced by respondents, os submitted in lheir reply, do noi foll in the cotegory of force Moieure' The comploinonts ore lherefore enlitled to the in'terest for deloy' Even though the respondents chonged the dole of possession while regislering the projecl wilh MohoRERA, the dote of possession wrii'len in the ogreement for sole is relevont lo colculote lhe period of deloy. 6 ln view of obove discussions, the respondeni is direcied to poy inleresl to comptoinonts on the money poid io him ol Morginol Cost Lending Rote (MCLR) plus 2% inlerest for ihe period of deloy wilh effect from Jonuory 2olTlillthedoteofoctuolpossessionunderlheprovisionsofSectionlSof the RERA ond the Rules mode there under. 7. Wiih the obove directions. ihe cose is disposed oi wa-.,L-- {Dr. Vijoy Solbir Srngh) Member-/MohoRERA