Respondents Ordered to Comply with MahaRERA Orders or Pay Penalty

This is the brief of a common order for 3 separate complaints, namely, [Sr.no.1] Mr. Parag Mangaldas Khatri and Mrs. Varsha Khatri (Non- Execution Application in Complaint No. CC006000000054891), [Sr.no.2] Mr. Parag Mangaldas Khatri Mr. Manesh Mangldas Khatri (Non- Execution Application in Complaint No. CC006000000054899), [Sr.no.3] Mr. Nikunj S. Desai and Mrs. Binisha Naik (Non- Execution Application in Complaint No. CC006000000054857), against common respondents, M/s. Shreeji Developers, Mr. Mohd Zaid A. Mukhi, Mr. Umesh Pravinchandra Bhat, and Mrs. Niru Umesh Bhat.

The complainants above named had filed the aforesaid 3 separate complaints mainly seeking reliefs under section 18 of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as RERA) for possession of their flats along with interest for the delayed possession from the agreed date of possession mentioned in the agreements for sale till the actual date of possession in this project registered by the respondent. The said complaints were disposed of by MahaRERA via a common order dated 31-08-2018 with directions to the respondent to pay interest to the complainants on the actual amount paid by the complainants from 1-05-2017 till the actual date of possession.

Facts of the cases: During the course of hearing, the complainants have submitted that these are the 2nd non- execution applications filed against the respondent for not complying with the order dated 31-08-2018 as well as the written undertaking given by the respondent on 8-01- 2020 before the MahaRERA, whereby the respondent has agreed to comply with the order dated 31-08- 2018. The complainants further submitted that by the said order dated 31- 08-2018, the respondent was directed to pay interest for the delayed possession on the actual amount paid by them from 1-05-2017 till the actual date of possession at the rate prescribed under section 18 of the RERA and the relevant Rules made there under.

Despite the said directions, the respondent has failed to make the payment of interest. Hence, these applications are filed seeking compliance of the said order dated 31- 08- 2018 by imposing penalty on the respondent under section 63 of the RERA for non-compliance of the order / directions issued by the MahaRERA. The complainants further prayed for enforcement of the said order dated 31- 08- 2018 and to initiate recovery proceedings against the respondent to recover interest from the respondent as per the provision of section 40 of the RERA.

Admittedly, both the orders passed by the MahaRERA on 31-08-2018 and 08-01-2020 have attained finality as no appeals have been preferred against the same and also same were passed considering the merits of the case. It shows that the respondents-promoters are in continuous default at their end despite accepting monies from the complainants since the year 2013 itself.

Order: In an order dated 8th February 2022, the respondents are directed to comply with the order dated 31-08- 2018 and 08-01-2020 passed by the MahaRERA within a period of 4 weeks from the date of this order.Failing which, the respondent shall be liable to pay a penalty of Rs. 5,000/- towards penalty for non-compliance of orders

passed by MahaRERA as per provisions of section 63 of the RERA for every day of default till actual compliance of the said order dated 31-08-2018.

The MahaRERA further directs that on failure of the respondent to pay the interest amount to the complainants within stipulated timeline given by the MahaRERA, these non-execution applications be referred to Secretary/ MahaRERA for issuance of warrant under section 40 (1) of the RERA read along with Rule 3 of Maharashtra Real Estate (Regulation and Development)