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refund of the amount with interest and compensation as the
A wing(2nd floor) in the project of the respondent Celestial on
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said project in the year 2014 through a broker, when they were in
need of permanent residential premises. The price of the flat
clause 12 of the agreement. Complainants have paid in all
Respondent had represented that he had acquired all necessary
adjourned for evidence to 14.11.2019 and then for final hearing
working at Mumbai and Pune Offices in alternative weeks and
due to huge pendency in this office and due to lockdown
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conditions due to Corona Pandemic, this matter is being
decided now.
4. In his reply, the respondent has alleged that the complaint is
complete the construction as far as possible on or before
31.12.2017 and soon thereafter, they had to apply for obtaining
Occupancy Certificate. Thus no date for possession is fixed in
As per clause no. 33 the agreement was subject to MOFA
space is required to be provided in the project above 4000 sq.
mtrs. Respondent applied for CC in February, 2018 and received
approval on 11.04.2019. The period of 27 months needs to be
Present complaint deserves to be referred to larger bench and
POINTS FINDINGS
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1 Are the complainants allottees and Affirmative
respondent promoter?
2 If yes, has the respondents failed to deliver Affirmative
possession of the flat to the complainants as
per agreement, without there being
circumstances beyond his control?
3 Are the complainants entitled to the reliefs Affirmative
claimed?
4 What Order? As per order
REASONS
about the project undertaken by respondent in the year 2014.
under complainants booked flat no. 203 in the project Celestial.
made initial payment of Rs,5 lakhs on 24.12.2014. Copy of
7. The price of the flat was agreed at Rs,.1,13,40,000/-. Under the
agreement, payment of Rs.5 lakhs vide cheque dated 16.12.2014
received Rs.43,65,900/- i.e. more than 1/3rd of the price agreed.
What it means, is that complainants were sure about good
progress in the project, otherwise, they would not have parted
with so much amount. As per clause 12 of the agreement, the
promoter was to complete construction as far as possible on or
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before 31.12.2017 and soon thereafter, to apply for obtaining
normal expectation. It is also well settled that promoter must
deliver possession within a period of 2 to 3 years since booking by
allottee.
8. The respondent is taking shelter behind the words in the clause
“as far as possible”. The initial paras of the agreement, read
that M/s. R. R. Paints Pvt. Ltd. were the owners of the land. They
Then the development rights came to be granted to the
Certificate was issued. Now let us turn to the contentions of the
/ 10% amenities space is required to be provided to MCGM for
all projects above 4000 sq. meters. The agreement in question
does show that R. R. Paints owned land 8642.70 sq. meters. Out
of it 949.5 sq. meters were acquired by MCGM for DP road in
10. The question that arises is what was respondent doing about the
made payments corresponding to 5th and 6th slab in February,
2015, that corresponding to 7th slab in March corresponding to
brick work in May, corresponding to 8th slab in July
There is nothing on record to show that stop work notice was
construction by 31.12.2017.
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11. The Commencement Certificate dated 11.04.2019 is of village
Bhandup and agreement is of the land at Kanjur. Whether it is
the delay in completing the project. He cannot use. misleading
words “as far as possible” to justify the delay without much
complainants. The glut in the market is no defence especially
loss are the parts of the business. Respondent cannot justify
the affirmative.
12. Complainants have paid in all Rs.99,90,881/-. They have placed
complainants will be entitled to refund of stamp duty as per rules.
with interest as provided under Rule 18 of Maharashtra Rules.
Complainants are entitled to Rs. 1 lakh for the mental agony
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suffered by them. I therefore, answer point no. 3 in the
O R D E R
the stamp duty which is refundable as per rules, together with
interest @10.40 p.a. from the date of payments till final
realization.
3) Respondent to pay Rs. One lakh to the complainants towards
4) Respondent to pay Rs.20,000/- to the complainants as costs of
this complaint.
5) Complainants to execute Cancellation Deed at the cost of the
respondent.
6) Charge of above amount is kept on the flat booked by
complainants.
Digitally signed by
Madhav Vitthal Madhav Vitthal Kulkarni
Kulkarni Date: 2020.09.20
12:54:34 +05'30'
(Madhav Kulkarni)
Adjudicating Officer
Mumbai
MahaRERA
Date : 18.09.2020