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In the case of Arif Elahi Shamsi vs. Mohit Malhotra and M/s. Dreamworld Landmarks LLP (Complaint No. CC005000000023121), the complainant above named has filed this complaint seeking reliefs from MahaRERA to direct the respondent to handover possession of the flat at the rate promised by the respondent along with interest on the excess amount taken by the respondent under the provisions of section 18 of the Real Estate (Regulation & Development) Act, 2016 (hereinafter referred to as ‘RERA’) in respect of the booking of a flat No C-1105, on 11th floor, in the respondent’s registered project known as “Godrej Prana” bearing MahaRERA registration No. P52100001372 at Undri, Dist. Pune. The complainant further seek reliefs against the respondent for violation of provision of section 13 of the RERA.

Facts of the case: It is the case of the complainant that he booked the said flat in the respondent’s project by signing the Allotment cum Booking form on 13/1/2015 and paid an amount of Rs 6,45,507/-at the time of booking. The said flat was booked for a total consideration amount of Rs. 50,41,060/-. Thereafter, he was informed by the respondent to get hold of the documents for inspection prior to signing of the agreement for sale.

The complainant has not sufficiently explained the reasons of delay as to why he has not taken any action against the respondent for non-execution of the agreement for sale and should not have waited till the project got completed and the completion certificate being obtained for his flat in the year 2018. Hence, the MahaRERA feels that the claim of the complainant is an afterthought and is filed at a belated stage.

True that the RERA legislation is enacted to protect the interest of the allottee by ensuring timely possession of the flats to give justice to the allottees who have put in their hard-earned monies. However, in the present case, the complainant has invested the money for booking of the said flat in the year 2015 and though the project was completed and completion certificate was obtained, he has failed to execute the agreement for sale and has now approached MahaRERA seeking possession of his flat at the rate fixed at the time of booking.

Further, the complainant has not explained as to under which provision of RERA, he is seeking such relief as sought by the complainant for fixation of the price could be considered by MahaRERA. Moreover, the section 13 of the RERA has a prospective effect and cannot be made applicable to booking done under the provisions of MOFA.

Order: In an order dated 4th August 2021, in the present case, the project is complete and the completion certificate has already been obtained in the year 2018 and even the respondent has showed its willingness to execute the agreement for sale in accordance with terms and conditions of the EOI (Expression of Interest) hence, the only direction the MahaRERA can grant, is under section 13 of the RERA to execute the agreement for sale.

In view of these facts , the MahaRERA directs both the parties to execute and register the agreement for sale in accordance with the EOI within a period of 30 days from the date of this order in accordance with the provision of EOI.

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