This brief explains a common order for 2 separate complaints, namely, [Sr.no.1] Mr. Sunil Joishar (Complaint No.:CC006000000055609), and [Sr.no.2] Mr. Prakash Gala (Complaint No.:CC006000000055610), against a common respondent, Shagun Reality.
The above two allottees/complaints hove filed these complaints seeking directions from MahaRERA to the respondent to execute registered agreement for sale under Section-13 of the RERAAct with the complainants in respect of booking of their respective flats in the respondent’s project known as “Pant Nagar lndrayani CHS Ltd” in the Building No.13 and bearing MahaRERA Registration No. P51800012189 to Ghatkopar, Mumbai.
Facts of the case: During the hearing, the complainants have argued that they have booked their respective flats in the respondent’s project in the year 2009 and 2010. The complainant Mr. Sunil Joishor paid l0% amount and Mr. Prakash Gala has paid a 100% amount towards the cost of the said flat. The respondent has issued allotment letters for booking of the said flats. However, till date the respondent has not executed registered agreement for sale wilh the complainants. Hence the present complaints have been filed.
The MahaRERA has examined the arguments advanced by the complainants as well as the record. In the present case, the complainants are seeking relief under Section-13 of the RERA Act, 2016 for execution of registered agreement for sale in respect of booking of their respective flots. The complainants have contended that they have paid an amount of 10% or more towards the cost of their respective flats and the respondent has not executed registered agreement for sale wilh the complainants. The allotment letters dated 21-12-2009 shows that the respondent had agreed to sell the flats to the complaints.
Order: In an order dated 22nd November 2018, in the present case the allotment letter issued by the respondent shows that he has agreed to sale the said flats to the complainants and by occurring l0% or more amount from the complainants allottees has agreed to execute registered the agreements for sale with the complainants. But, till date he has not yet executed the registered agreement for sole with the complaining of agreed upon in the allotment letters issued to them.
Considering the aforesaid facts, The MahaRERA directs the respondent to execute registered agreements for sale with the complainants as per the provision of section 13 of the RERA Act,20l6 and the Rules and Regulations and in accordance with the allotment letters issued in favour of the complainants.