MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY, MUMBAI. No. MahaRERA/VIVWARR ANT 110706/2023. Datez2/th )une 2023. To, The Collector, Mumbai Suburban, Office of Collector, Administrative Building, 9th floor, Govemment Colony, Opp. Chetana College, Bandra (East), Mumbai-40O 051 Sub: Execution of the warrant under Section a0(1) of RERA in Complaint No' CC006000000110770 filed by Mrs Rajni Seru & Mr Rohit Seru Vs' Neeleshwar Developers s in Project No. P51800021643. Sil, I am forwarding the recovery warrant under Section a0(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 ry's 77/2 of Maharashka Realization of Land Revenue Rules 1957. When the Revenue Recovery Certificate is under the provision of Revenue Recovery Act 1890. No. MahaRERA/VIVWARR ANTfioTo6/2023. ,u,", 27tt' june 2023. L Name and address of the Mrs Rajni Seru firm: - Mr Rohit Seru 2602, Anmol Prestige, S V Road, OPP Patel Petrol Pump, Goregaon West, Near Hyundai Service Centre, Mumbai Suburban - 400062. Mobile 51e.- +91- 9820627943 Email ID: - rohitseru@hotmail.com 2 The sum to be recovered. Interest for the delayed possession to the complainant from 0U05/2017 tilt the actual date of Possession alongwith OC. 3. The provision of law under Recovery warrant ry's 40(1) of Real which the R.R.C. is sent to Estate (Regulation and recover the sum as in arrears of Development) Act, 2016 and Rule 3 Land Revenue, of Maharashtra Real Estate (Regulation and Development) (Recovery of Interest, PenaltY, Compensation, Fine payable, Forms of Complaints and Appeals, etc.) Rules,2017. 4 No. & Date of order under Complaint No.: CC006000000110770 which amount is ordered to be Final Order dated: 11th September recovered. 2020 5 Full name and address of the Neeleshwar Developers defaulter with name of the H 602, KRISHNAVASANT, building, room no., road name, KANDIVALI EAST, SAGAR village name/towr1 taluka, COMPLEX VILLAGE, Mumbai Dist. Pin Code No. Suburban - 400101. DINESH ISHWARLAL DESAI - Partner H-702, KRISHNA VASANT SAGAR COMPLEX, THAKUR ROAD, OPP MIRAJ CINEMA, THAKUR VILLAGE, Mumbai - 400101. JAYESH ISHWARLAL DESAI Partner H.801, KRISHNA VASANT SAGAR COMPLEX, THAKUR ROAD, OPP MIRAJ CINEMA, THAKUR VILLAGE, Mumbai - 400101. NITESH RANCHHODDAS PATANI (PARTNER) - Authorized Signatory & Contact Person H 602, KRISHNA BUILDING, VASANTSAGAR COMPLEX, THAKUR VILLAGE KANDIVALI EAST, Mumbai - 400101. Mobile No.- +91.- 9820084591 Email ID: - niteshpatani@yahoo.com 6 Full details of the property of The Project known as "|AI AMBE defaulter against which the SRA CHS LTD" situated at Plot process may be executed. Bearing No / CTS no / Survey Number/Final Plot no. SURVEY NO 1 PRT CTS LTD at NEW LINK ROAD, JOGESHWARI WEST, Mumbai Suburban - 400102. a) Housing project which is duly registered under the RERA Act bearing Registration No. P51800021643. 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 a) Name of the building mentioned in 6 above still arrears Hous{Building. remain, then the b) Room No. properties/offices or any other c) Name of the villag{town movable or immovable properties d) Road nam{gally name of the defaulters be attached and e) Sr. NolI No. of the auctioned. In order to ascertain property unsold inventory and other f) Area of the property in properties of defaulters, you may square meters adopt the procedure similar to g) CTS No. of the property which laid down under Order 21 area of the property. Rule 4l CPC - namely to exa mine the judgement debtor to disclose his property and produce its property card, failing which he can be sent to jail for 3 months. (Dr. Vasant Prabhu) Mumbai Secretary Date: 27h |une 2023 MahaRER& Mumbai MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY, MUMBAI. No. MahaRERA/VIVWARR A'NT10T06/2023. Date. 27th June 2021. 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 Interest, Penalty, CompensatiorL Fine payable, Forms of Complaints and Appeal, etc.) Rules, 2077. Complaint No.: CC006000000110770 Project No: P51800021643 Mrs Rajni Seru Mr Rohit Seru --- Complainants. Versus Neeleshwar Developers --- Respondent. To, The Collector, Mumbai Suburbary Office of Collector, Administrative Building, 9th floor, Government Colony, Opp. Chetana College, Bandra (East), Mumbai4OO 051 Whereas the above-named complainant has filed the above complaint No. CC006000000110770, and the Authority/Adjudicating Officer passed the enclosed order wherein the Respondent was directed to pay interest to the complainants from 1st May, 2017 for every month till the actual date of possession on the actual amount paid by the complainants at the rate of Marginal Cost Lending Rate (MCLR) of SBI plus 2% as prescribed under the provisions of section 18 of The Real Estate (Regulation and Development) Act, 2016 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 a0(1) of Real Estate (Regulation and Development) Act, 2016 and Rule 3 of Maharashtra Real Estate (Regulation and Development) (Recovery of Interest, Penalty, Compensatiory 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 inJorma tion is: 1) Name of complainant with hic addreEs: Mrs Rajni Seru Mr Rohit Seru 2602, Anmol Prestige, S V Road, Opp Patel Petrol Pump, Goregaon Wes! Near Hyundai Service Centre, Mumbai Suburban- 4OOO52. Mobile 11s.- +91- 9820627943 Email ID: - rohitseru@hotmail.com 2l Name of resp ondents/ promoters/ director/ pattners with their addresses: Neeleshwar Developers H 602, KRISHNAVASANT, KANDIVALI EAST, SAGAR COMPLEX VILLAGE, Mumbai Suburban - 400101. DINESH ISHWARLAL DESAI - Partner H-702, KRISHNA VASANT SAGAR COMPLEX, THAKUR ROAD, OPP MIRAJ CINEMA, THAKUR VILLAGE, Mumbai - 400101. JAYESH ISHWARLAL DESAI - Partner H-801, KRISHNA VASANT SAGAR COMPLEL THAKUR ROAD, OPP MIRAI CINEMA, THAKUR VILLAGE, Mumbai - 400101. NITESH RANCHHODDAS PATANI (PARTNER) - Authorized Sigrratory & Contact Person H 602, KRISHNA BUILDING, VASANTSAGAR COMPLEX, THAKUR VILLAGE KANDIVALI EAST, Mumbai - 400101. Mobile N1s.- +91- 9820084591 Email ID: - nitesh atani ahoo.com 3l Name of the proiect & its location: The Project known as ")AI AMBE SRA CHS LTD" situated at Plot Bearing No / CTS no / Survey Number/Final Plot no. SURVEY NO 1 PRT CTS LTD at NEW LINK ROAD, JOGESHWARI WEST, Mumbai Suburban - 400102. a) Housing project which is duly registered under the RERA Act bearing Registration No. P518ffi021643. 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 and should not be attached so that the project can be completed. 4) Particulars of immovable property and any other movable and immovable property: a) If 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. 5) Amount to be refunded: Interest for the delayed possession to the complainant from 0A05/2077 till the actual date of possession along with OC. 6) Enclosures: i) Final order dated llttt September 2020. ii) Order of Non-compliance dated 25h April2023. iii) Email of the complainant. (Dr. Vasant Prabhu) Mumbai Secretary 9a1e /Ttnlune 2023 MahaRERA, Mumbai BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY, MUMBAI NON-COM PLIANCE APPLICATION In COM PLAINT NO: CCOO6OOOOOOLIOTT O Mrs Rajni Seru Mr Rohit Seru .... Complainants Versus Neeleshwar Developers Respondent MahaRERA Registration I{o. P51800021643 Coram: Dr. Vasant Prabhu, Secretary MahaRERA Adv. Godfrey Pimenta appeared for the Complainant. None appeared for the Respondent;. 1 l Order 25th April 2023 (Th rou gh Video Confereniing) 1. The complainants abovenamed ha9 filed the present application for non-compliance of the MahaRERA Order issued on ll/09/202O in the above Complaint No: CC006000000110770 (hereinafter referred to as the said complaint), by the respondent. 2. In the said complaint filed by the complainants, the respondent was directed to pay interest to the complainants from 1st May, 2Ot7 for every month till the actual date of possession on the actual amount paid by the complainants at the rate of Marginal Cost Lending Rate (MCLR) of SBI plus 2o/o as prescribed under the Page I of 3 provisions of section 18 of The Real Estate (Regulation and Development) Act, 2016 and the Rules made there under. 3. On the said non-compliance application, the hearing was held through video conferencing as per the MahaRERA Circular no. 27l2O2O and MahaRERA Order No. 15/2020. 4. During the hearing, the complainant submitted that the respondent has failed to comply with the order issued by the MahaRERA authority and has not paid interest for delayed possession to the complainant to date as per the said order' The complainant therefore sought the issuance of a recovery warrant against the respondent under section 40(1) of 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 arguments of the complainant, it is pertinent to note that the respondent has failed to comply with the order issued by the MahaRERA authority to date and has not paid the interest for the delayed possession as per the said order. Hence, any further time granted to the respondent would lead to injustice to the complainant. Hence, the complainant is entitled to seek issuance of a recovery warrant against the respondent for recovery of the said amount. 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,2077, in the project of the respondent' 8. In view of the above, the application of non-compliance stands disposed of. (Dr. Vasant Prabhu) Secretary, MahaRERA Page 3 of 3