Before The Maharashtra Real Estate Regulatory Authority Mumbai
Before The Maharashtra Real Estate Regulatory Authority Mumbai
Before The Maharashtra Real Estate Regulatory Authority Mumbai
COMPLAINT NO.CC006000000057725
Sneha Sachhanand Tejwani ..Complainant
Versus
Niraj Kakad Constructions ..Respondent
MahaRERA Regn. No. P51800010010
Coram:
Hon’ble Shri Madhav Kulkarni.
Adjudicating Officer, MahaRERA.
Appearance:
Complainants: Adv Mahesh
Kukreja
Respondents :Adv Mohini Thorat
O R D E R
(Dated 21.09.2020)
1. The complainant an allottee who had booked a flat with the
2. The complainant has alleged that she booked flat no. 601 on 6th
floor, in the project of the respondent Devi Kakad Solitaire at
respondent informed that he had obtained IOD and CC in
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respect of properties CTS no. 213, 213/1, 213/2 and 213/3. The
price of flat no. 601 was agreed at Rs.1.65 cr. Agreement was
i.e. more than 85% of the consideration value. Only Rs.11 lakhs
approached respondent in September, 2017, she found that only
not comply.
came up before me on 23.07.2019. It was adjourned for plea
working at Mumbai and Pune Offices in alternative weeks and
due to huge pendency in this office and due to lockdown
decided now.
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4. The respondent has alleged that the complaint is false.
Complainant and her family repaid loan of Rs.79 lakhs at
different points of time and it was adjusted towards sale
lakhs. Respondent is entitled for extension of time under clause
aware of the termination of agreement. By an Order dated
apprehension of the buyers, about provisions of RERA and slow
down in the business. The complaint therefore, deserves to be
dismissed.
POINTS FINDINGS
1 Is the complainant allottee and respondent Affirmative
promoter?
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2 If yes, has the respondent failed to deliver Affirmative
possession as per agreement, without there
being circumstances beyond his control?
REASONS
6. Point Nos. 1 to 3 - Complainant has placed on record copy of
affirmative.
6 months grace period. It means that with the grace period,
date for delivery of possession was end of February, 2018. The
complainant. Rs.73 lakhs were paid at the time of agreement.
before taking possession. Thus till the end of February, 2018
26.05.2016.
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8. The property card shows that property belonged to Sindhi
flat to the complainant and had received payment of Rs.73
Now award of the arbitrator has gone against the respondent.
held the leasehold rights of the properties and they were in
agreement nowhere shows that there was any dispute with the
land owners. In fact respondent had received 85% of the
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expecting possession of the flat by February, 2018 was quite
10. There is notice dated 01.12.2016 issued by Jagiasias informing
Jagasi’s is not placed on record by the respondent for the
arbitration award has gone against him. The notice issued by
agreement. Thus it was the respondent who was at fault in not
11. The respondent alleges that his business was affected due to
disbursal amount by the financer and glut in the market. The
year 2020, Respondent is still not in a positon to handover
possession. There are no justifying reasons for the delay and
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12. In view of the discussion above, complainant is entitled for
O R D E R
2) Subject to Order of Hon’ble of High Court in the arbitration
together with interest @10.40 p.a. from the date of payments till
final realization.
harassment suffered.
4) Respondent to pay Rs.20,000/- to the complainant as costs of
this complaint.
5) Complainant to execute Cancellation Deed at the cost of the
respondent.
6) Charge of above amount is kept on the flat booked by
complainant.
of this Order.
Madhav Digitally signed by
Madhav Vitthal Kulkarni
Vitthal
Kulkarni
Date: 2020.09.22
16:50:59 +05'30'
(Madhav Kulkarni)
Adjudicating Officer
Mumbai
MahaRERA
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Date : 21.09.2020