BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY
                                   MUMBAI
                    Complaint No. CCo06ooooooo89695
Mr. Rajesh Kumar singh and Mrs. Seema      Singh            .... complainants
      Versus
M/s. R.5. Enterprises                                      .... Respondent
Project Registration No, P52ooooo7221

Coram: Hon'ble Dr. Viiay Satbir Sin8h, Member - r/MahaRERA
Adv. S. P. Shaikh appeared for the complainant.
Adv. Tanmay Ketkar appeared for the respondent.


                               INTERIM ORDER
                              (t5th January, zozo)

      The complainants have filed this complaint seeking directions from the
      MahaRERA to the respondent to handover possession of his residential
      unit and to pay interest for delayed possession under Section-l8 of the
      Real Estate (Regulation and Development) Act, 2016 (hereinafter referred
     to as'tRERA") in respect of booking of a flat in the respondent's project
      known as "Vankavnis" bearing MahaRERA registration No. P52ooooo7221
      situated at Ulwe, Dist. Raigarh. The complainants further prayed for
      refund of the additional amount paid to the respondent along with
     compensation towards less area provided to him.


  2. This complaint was heard on several occasions and the same was heard
     finally today. The complainants submitted that, they have booked the flat
     in the respondent's proiect in the year 2oi7. The parties entered into
     registered agreement for sale on 21/o2/2o17. As per the said agreement for
     sale, the respondent was liable to handover possession of the said flat on
     or before March 2018. However, the respondent has failed to handover
     the possession till date. The complainants stated that, till date he has paid
     around 982 towards the consideration amount of the said flat. The
     complainants further stated that, they have paid an amount of Rs.
     3,75,oool- towards the development charges to the respondent.
     However, the respondent is still demanding additional Rs. 2,oo,ooo/-

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  towards the same. The complainants further stated that, at the time of
  bookin& the area promised by the respondent was 579 sq. ft. including
  the balcony. But, on perusal of the information uploaded by the
  respondent on Maha RERA website, the area of the flat is shown as 504.J2
  sq. ft. which is a redu(tion of around 75 sq. ft. as earlier promised by the
  respondent. The complainants have filed this complaint seeking directions
  for payment of interest and compensation towards the reduced area.


J. The respondent disputed the claim of the complainants and stated that,
   the project is already complete and the occupancy certificate was
   obtained in the month ofJanuary 2019. The complainants have filed this
   complaint in the month of -,une, 2019. Further, the respondent showed
   his willingness to handover the possession of the flat to the complainants
   subiect to the payment of outstanding dues by the complainants. The
   respondent further stated that, the payment ofthe development charges
   as alleged by the complainants have not been paid in the account which
  has been maintained for this particular proiect. The respondent also
  disputed the claim regarding the lesser area granted to the complainants.
  The respondent therefore prayed for dismissal of this complaint.


4. The MahaRERA has examined the arguments advanced by both the
   parties, and is of the view that, the complainants have paid substantial
   amount towards the saidflatand are seeking compensation claimingthat,
  the respondent has reduced the area of theirflat and also sought interest
  for delay. ln the present case, since the complainants are seeking
   compensation as well as refund of additional amount paid by them to the
   respondent u/s r8(3) of th€ RERA, the complaint stands transferred to Ld.
  Adjudicating officer- Mumbai, MahaRERA for adiudging the
   compensation and passing appropriate decision.



                                                             ,!"<\
                                                   (Dr. Viiay S bir Singh)
                                                  Member - r/MahaRER/A


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