Real Estate Agent Exam Results
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This brief explains a common order for 7 separate complaints, namely, [Sr.no.1] Prakash Johare (Complaint No. CC005000000054004), and [Sr.no.2] Amit Srivastav and Namita Tawde (Complaint No. CC005000000054006), [Sr.no.3] Vijay Mangeshkar (Complaint No. CC005000000054033), [Sr.no.4] Vartika Gokhale Bhatia (Complaint No. CC005000000054077), [Sr.no.5] Sachin Parhad (Complaint No. CC005000000064417), [Sr.no.6] Nitesh Kumar (Complaint No. CC005000000064647), [Sr.no.7] Ravi Soman and Pooja Soman (Complaint No. CC005000000064673), against a common respondent,
S.S.G Realty and Infra LLP.

The complainants above named have filed these 7 separate complaints seeking reliefs from MahaRERA to direct the respondent for various reliefs towards refund/ possession along with interest and compensation 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 their respective flats in the respondent’s registered project known as “Suburbia Estate Phase 1” bearing MahaRERA registration No. P52100002391 at Village Lonikand, Dist. Pune.

Facts of the cases: It is the case of the complainants that the respondent represented to them that it shall offer them a flat in this project and assured that the building shall be constructed and completed as per the sanctioned building plans. The complainants stated that it was represented, promised and assured that the respondent shall hand over the possession of the flats within 30 months from the date of receipt of the plinth commencement certificate and also assured that the flats will be as per the complainants’ needs and to their satisfaction. Hence, relying on the respondent’s positive representations, promises and assurances, the complainants agreed to purchase and the respondent agreed to sell the flats alongwith adjacent terrace and the amenities and facilities on terms and conditions which are embodied in their registered agreements for Sale.

The complainants further came to know that the respondent has sought extension of registration of project and mentioned the revised proposed date of completion as 10/08/2019. Further, the extended date of completion of the project on the website is 09/08/2020. Further the complainants were recently surprised to see that the respondent has mentioned on the MahaRERA website that there is a litigation related to the project which fact was not disclosed to the complainants before.

Further the complainants were recently surprised to see that the respondent has mentioned on the MahaRERA website that there is a litigation related to the project which fact was not disclosed to the complainants before. Hence, the inordinate delay has led further to increasing financial burden and anxiety and hence, the complainants at SR Nos. 1 to 6 now wish to withdraw from the project and take back the amounts paid by them to the respondent along with the interest as prescribed by the statute plus the amounts paid towards stamp duty, registration charges, etc. Even the complainant at Sr. No. 7 seeks to have interest for the delayed possession as provided under section 18 of the RERA in view of the said delay.

Order: In a combined order dated 11th August 2021, in view of above facts and discussion, the respondent is directed to refund the entire amount paid by the complainants at Sr. No. 1 to 6 towards the consideration of their flats along with interest at the rate of SBI’s Highest Marginal Cost Lending Rate (MCLR) plus 2% as prescribed under the provisions of section-18 of the RERA and the Rules made there under from the date of payments till the actual realisation of the said amount to the complainants. Till final realisation of the money to the complainants , the charge on the flats would remain with the complainants.

.The respondent is also directed to pay interest for the delayed possession to the complainant at Sr. No. 7 from the agreed date of possession mentioned in the agreement for sale for every month till the actual date of possession with occupancy certificate on the actual amount paid by the said complainant.

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