Account Verifications
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This brief explains a common order for 7 separate complaints by a common complainant, namely, Cupid Construction LLP (Complaint No. CC005000000053998 and others) against 7 respondents. The complainant- promoter above named has filed these 7 separate complaints against respondents-allottees seeking reliefs from MahaRERA to direct the respondent to recover the pending amount along with interest under the provisions of section 18 of the Real Estate (Regulation & Development) Act, 2016 (hereinafter referred to as ‘RERA’) in respect of the respondent’s registered project known as “Shreeniwas Q Homes” bearing MahaRERA registration No. P52100011776 at Dist. Pune.

Facts of the case: It is the case of the complainant that he is a promoter of the said project which received the commencement certificate from the competent authority on 14.05.2013. The complainant entered into agreement for sale in respect of the respondents’ apartments. The agreed consideration towards the apartment as per clause 3 of the agreement towards which the respondents have paid as consideration and the amount paid collectively towards stamp duty, registration charges, service tax and VAT.

It further stated that it has also received the Occupancy Certificate dated 28.03.2019 from the competent authority. Furthermore, Form-4 has also been uploaded by the complainant on the MahaRERA web portal. It made various attempts to recover the balance amount due with the respondents allottees in complaints at sr. nos. 1 to 6 vide demand letters but no positive response was received from them.

Aggrieved by the delay in payments by the respondents, the complainant has filed these complaints before MahaRERA. Hence, the complainant wishes to recover the pending amount along with interest. Accordingly, the complainant prays to direct the respondents to pay the outstanding amount to the complainant along with interest u/s 19(5) and 19(6) of The Real Estate (Regulation and Development) Act, 2016 18 of the Maharashtra Real Estate (Regulation and Development)(Registration of real estate projects, Registration of real estate agents, rates of interest and disclosures on website)Rules, 2017, from the date from which such payment accrued.

With regard to the complaint at , the complainant has stated that it has filed the said complaint on 30- 06-2021 as review application against the order dated 9-06-2021 passed by the MahaRERA in complaint No. CC005000000033519 filed by the respondents allottees.

So far as the other complaints are concerned, the MahaRERA has noticed that the complainant promoter is mainly seeking directions to the respondents allottees at sr.nos. 1 to 5 to comply with the provisions of section 19(6) and 19(7) of the RERA and pay the outstanding dues as per the terms and conditions of the agreements for sale entered into between both the parties. However, the record prima facie shows that the complainant has not uploaded any documentary proofs along with its complaints to substantiate its claim that the respondents allottees have defaulted in making timely payments in accordance with the terms and conditions of the agreement for sale. On the contrary, the respondents at sr.nos. 3 and 5 have submitted the payments receipts duly issued by the partners of the complainant firm in the name of another entity named “Darode Jog Associates”. The said fact has not been rebutted by the complainant by submitting any documentary proof / rejoinder on record of MahaRERA.

Order: In a common order dated 6th August 2021, the facts show that there is some mis-communication between the parties and the matter requires re-conciliation of their accounts. The complainant though is seeking relief under sections 19(6) and 19(7) of the RERA , in absence of any cogent documentary evidence on record of MahaRERA to substantiate such claim under the provisions of RERA, the MahaRERA cannot proceed to grant any relief in favour of the complainant.

In view of these facts, the MahaRERA directs the parties in complaints at sr.nos.1 to 5 to exchange their books of accounts including the payments details mentioned in the agreements for sale within a period of 15 days from the date of receipts of this order and try to resolve the dispute amicably, as the MahaRERA cannot decide the dispute with respect to payment as same has to be adhered to as per the terms and condition of the agreement.

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