BEFORE THE MAHARASHTRA REAL ESTATE REGUTATORY AUTHORITY,
                                               MUMBAI

                             COMPLAINT No: CC00600000005601 9



       Rovindro Lihitkor                                            ..... Comploinonts
                 Versus
       M/s Riel lnfrostruclure Pvi. Ltd & 3 Ors.                    ..   .. Respondents.



    MohoRERA Registrotion No. P517000101 53
    Corom: Hon'ble Dr. Vijoy Sotbir Singh, Member- l
    Comploinonts present in person o/w Adv. Amey Alhovole.
    Adv. Jitendro Bokliwol oppeored for Respondent I to 3.
    None oppeored for Respondent No. 4

                                              ORDER
                                         (O4tH April, 2019)



I      The comploinont hod filed this comploini 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 interest for
       the deloyed possession ond to give possession of his flot no.8/302' in the project
        known os "Jolly Aporlmenl" beoring MohoRERA Registrotion No. P51700010153
        ot Shohpur, Thone. The proiect is being developed by respondent number l
        (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 20105/2015 for o totol
        considerotion of Rs. 'l 2,07,500 /-. OuI of this, the comploinont hod poid o totol
        omounl of Rs. I |,75,000/-. 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 comploinont hos therefore
        cloimed interest for deloy under section l8 of RERA.
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3   The respondents no. I to 3 hove filed the reply on record of MohoRERA ond
    disputed the cloims of the comploinont, ond submitted lhoi there were internol
    disputes going on with odjoining londowner ond controctor/ developer due to
    which the proiect goi deloyed. They olso stoted thot though ihe possession
                                                       ,l9.
    dote is registered with MohoRERA wos December,          They were reody to
    hondover the possession in Morch 201 9. Respondents furiher submitted thot ihe
    flot hod been given lo the comploinont below the morket volue.

4   The MohoRERA heord the orguments mode by both the porties os well os their
    writien submissions. ln the present cose, odmittedly, the comploinonts hove
    booked the flot in the respondent's prolect in the yeor 2015 ond the ogreed
    dote of possession wos December 201 6. However, the proiect got deloyed ond
    the comploint could not get his flot till dote.


J   Focts of this cose show very cleorly the problems foced by respondents, os
    submitted in their reply, do noi foll in the cotegory of force Mojeure. The
    comploinoni is therefore entitled to the inierest for deloy. Even though the
    respondents chonged the doie of possession while registering the project with
    MohoRERA, the dote of possession written in the ogreement for sole is relevont
    to colculote the period of deloy.

6   ln view of obove discussions, ihe respondenl is directed to poy interest to
    comploinont on the money poiO t#J. him ot Morginol Cost Lending Rote
    (MCLR) plus 2% interest for the period of deloy with effect from Jonuory 2017 tll
    the dote of octuol possession under the provisions of Section l8 of the RERA
    ond ihe Rules mode there under.

7. With the obove direciions, the cose is disposed of.
                                                         (Dr. Vijoy o tbir Singh)
                                                         Member- 1 /MohoRERA

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