In the case of Bhagwan Malharrao Bende vs. Sanjeev Divekar (Complaint No. CC006000000195744), the complainant above named has filed this complaint seeking directions from MahaRERA to the respondents to handover possession of the flat along with interest for the delayed possession 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 bearing no. 601 in Wing A of the respondent’s registered project known as “Sea Palace” bearing MahaRERA registration No. P51700005875 located at Thane
Facts of the case: It is the case of the complainant that he has booked the said flat No-1101 in the respondent’s project in the year 2010. The said flat was booked for a total consideration amount of Rs. 1,99,00,000/-. The registered agreement for sale was executed on 21-12- 2012. According to clause no. 53 of the said agreement the respondent was liable to handover possession of the said flat to him on or before 36 months from the date of commencement certificate. However, the respondent has failed to handover possession of the same to him.
The respondent stated that he has been at the mercy of Navi Mumbai Municipal Corporation (NMMC) to process his application for occupation certificate. He despite having finished the project in the year 2018 itself, has been suffering since, due to lack of clarity and fresh requirements raised by NMMC. Further, even the compliances sought by the NMMC vide its earlier letter dated 9-03-2018 have been completed and fulfilled and he has submitted revised/ amended/updated application for occupation certificate on 28-10-2020.
Further they mentioned, this was also subject to an extension due to occurrence of mitigating conditions more particularly stated in proviso to clause 53 thereof. Thus, the possession date was within 36 months from full commencement certificate i.e., 20-11-2011 which was subject to occurrence of any of the events stated in clause 53 of the said agreement.
Order: In an order dated 28th February 2022, On an analytic consideration of this complaint filed before the MahaRERA under section 18 of the RERA, the MahaRERA has noticed that admittedly there is a registered agreement for sale executed between the parties on 21-12-2012. According to the said agreement for sale, the respondent has agreed to handover possession of the said flat to the complainant within a period of 36 months from the date of commencement certificate. In this case the commencement certificate was issued on 12-11-2012 and hence the possession was to be handed over to the complainant on or before 12-11-2015.
In the present case, the MahaRERA is of the view that since the complainant is willing to continue in this project, his claim agitated under section 18 of the RERA can not be decided by MahaRERA at this stage when the project validity has lapsed on 31-12-2019.
In view of the aforesaid facts, the respondent is directed to approach MahaRERA for extension of the project period or take any other action to revive the project giving a definite time-line for its completion within a period of one month from the date of this order. The respondent is further directed to share the information of allottees with the complainant