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In the matter of Atull Phull vs. M/s. Rajsanket Realty Ltd. and ICICI Bank Ltd (ComplaintNo. CC006000000195868), the complainant has filed this complaint seeking directions from MahaRERA to the respondent no.1 to refund the entire amount paid to the respondent along with interest under the provisions of the RERA Act in respect of the booking of the flat bearing no. 1701 in the respondent’s registered project known as “Rajinfinia Phase II Wing A Wing B Wing C” bearing MahaRERA registration No. P51800012243 located at Malad West, Mumbai.

Facts of the case: It is the case of the complainant that by registered agreement for sale dated 8/8/2013 executed between complainant and Sanket International Limited, complainant purchased flat no.1701 admeasuring 700 square feet on the 17th floor “B” Wing (Flat) in building named “Raj Infinia”   (Building)   for total consideration of Rs.1,50,20,700/- under subvention scheme. As per agreement, out of total consideration, complainant paid around 20% to respondent no.1 viz. Rs.18,13,332/- on or before date of execution of agreement and respondent no.2 has disbursed amount of Rs.1,24,56,333/-, viz. around 80% to respondent No.1 on 16/8/2013, all at once without ascertaining completion of construction of slabs on that date

The complainant stated that respondent no.1 has fraudulently failed to write the date for possession in agreement, and has unilaterally uploaded a revised completion date of project on MahaRERA website as 30/06/2023. The complainant stated that in view of all the above, he does not wish to continue with allotment in project and desires to withdraw immediately. As far as relief sought by the complainant towards refund along with interest for the delayed possession sought by the complainant, the MahaRERA has noticed that admittedly, there is a registered agreement for sale signed and executed by the complainant and the original promoter dated 08-08-2013, wherein no date of possession is mentioned. However, the complainant by relying upon the judgement and order of Hon’ble Apex Court as well as MahaRERA has stated that the reasonable period for completion of the project should be 3 years.

Since in the present case, they have executed the agreement for sale with the respondent on 08-08-2013, the date of possession should be 08-08-2016. Hence, he is alleging the violation of section 18 of the RERA by the respondent No.1 and hence seeking refund along with interest.

Order: In an order of 28th January 2022, the respondent no. 1 promoter is directed to refund the entire amount paid by the complainant along with interest at the rate prescribed by MahaRERA, i.e. Marginal Cost of funds based Lending Rate (MCLR) of the State Bank of India (SBI) plus 2 % within 3 months.

With regard to the payment of interest to the complainant, the MahaRERA further directs that the respondent promoter is entitled to claim the benefit of “moratorium period” as mentioned in the Notifications /Orders nos. 13 and 14 dated 2nd April, 2020 and 18th May, 2020 issued by the MahaRERA and the Notification/Order which may be issued in this regard from time to time.

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