BEFORE THE MAHARASHTRA REAt ESTATE REGUTATORY AUTHORITY,
MUMBAI
COMPIAINT No: CC006000000055283
Mrs. Sondhyo Agorwol & Mr. Sourobh Agorwol Comploinonts
Yersus
M/s. Neelkomol Reollors (Suburban) Pvt. L'td. Respondenl
N ohoRERA Registrotion No - P51700003433
Corom: Hon'ble Dr. VUoy Solbir Singh. Member-l
Mr. Romesh Probhu CA oppeored for the comploinonis.
Adv. Sushont Chovon o/w Mrs. Vidyo Shetty oppeored for the respondenl
ORDER
(l2ih Novemiler,20lS)
The obove cornploint hos been filed by the olloltees in the projeci
registered with MohoRERA beoring No. P51700003433 known os "DB Ozone"
ol Miro Rood, Thone, under Section-18 of the Mohoroshtro Reol Eslole
(Regulotion ond Development) Acl, 2016. The comploinonls ore seeking
directions from lhis Authorily to the respondenl to pqy interest for the
deloyed period of possession in respect of booking of their flot in the soid
project. As per the registered ogreement {or soe doied 25-01-2OlO
executed belween them, the respondent wos lioble 10 hondover
possession of the flot to lhe comploinonts on 3l-12-2014. wilh groce period
of l2 monlhs i.e. 3l-12-2015. However, lhe respondent has foiled to
hondover the possession of the f ot 1o ihe comploinonts so for. Hence the
presen't comploinl hos been filed.
2. During the heorings, the concerned porties sought time to settle the motter
ornicobly. However, in spite of severol meelings, they foiled to reoch ony
muluolly occeploble solution. The motler wos heord finolly on I r October,
2018 ond the some wos closed for order. The respondenl wos orolly
direcied to file wriiten submission. if ony, on record. Accordingly, lhe
Q*?-
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respondent filed o wrilten submission on record of MohoRERA The some is
token on record.
on the
3. The respondent roised the issue of mointoinobility of this comploint
ground thot lhe ogreement hod been registered under the provisions of
MOFA Act {still in force),ond lhe preseni comploint is governed by
provisions of MOFA ond not RERA Act, 201 6
4. The respondeni further clorified thot the project wos o port of Rentol
Housing Scheme of MMRDA, hoving o tolol number of 25 buildings
within
the jurisdiction of Miro Bhoyondor Municipol Corporotion ot Thone District'
The construction work of lhe soid proiect storted ofter obtoinlng the
commencement certificote in lhe yeor20l0 ond is going on in phose-wise
monner. As per clouse No. 29 of the ogreemenl for so e executed between
lhem. 'lhe ogreed dote of possession with groce period wos December
2015. The soid clouse olso mentioned thot lhe dote could be extended
if
the projecl got deloyed due lo non-ovoilobility of steel/construction
moteriol. wor, civil commotion or on ocl of God, ony notice /order /rule
/nolificotion of the Government/MBMC/Public outhority/courl/tribunol,
economic downlurn or ony event beyond the control of the developer or
force mojeure etc., The project could nol be completed due to following
teosons.
o) Due lo economic downlurn/crises, the flots could not be sold in ihe
morkel ond hence, lhey could nol generote the required funds for
conslruction PUrPose.
b) There wos on undue deloy in ovoilobility of sond on lime for
construction of lhe soid proiect os the sond mining wos bonned in oll
coosiol regulqled oreos ocross the Stote of Mohoroshiro. Even the
quorrylng of s'tone wos simultoneously bonned in the entire Stole by
the Environment Minisfry, which resulled into non-ovoilobilily ol slone
g.*2/
for conslruclion os per the order possed by the Hon'ble High Court in
P L No. 138 of 2006. The soid bon wos lifled on y in the month of
Februcry, 2014 bythe order of Noliono Green Tribunol.
c) The Stote Environmenl lmpoct Assessment Aulhorily (SEIAA) is nol
providing ony cleoronce for stone quorry ond hos stopped issuing
permissions'to stone-crushing units.
d) The respondenl sioled thot he hod given lhe dote of 3i-12-20i9 os
the revised complelion dole under MqhoRERA to cover lhe
unforeseen deloy in view of the extenslon provision being restricted
under lhe RERA Act. Since the project got deloyed, the respondenl
is reody ond willing to refund the omount poid by the comploinonts
till dote wilh interest. Hence, the respondent requested to dismiss the
present comploints on the ground of moinloinotltility.
5 The obove issues os conlended by the respondenl in response to
the comploinl ore discussed os under.
i) Jurisdlction.
The comploinqnls ore o lollees in lhe ongoing project which is
registered with MohoRERA under Seclion-3 of lhe RERA Act. 2016.
project continues lill the
The jurisdicllon of this Authority on such
project gets compleled fully and obligotion of the promoter
regording the project gel fully dischorged. This Authority,
therefore, hos the jurisdiciion lo hear lhe comploinonts'
grievonces concerning the project.
ii) Economic downlurn.
The respondent's orgumenis thot the projeci got deloyed due to
economic downturn does not come under the clouse of force
mojeure. As o promoter, hoving sound knowledge, in lhe reol
estote seclor, the respondent wos fully owore of the morkei risks
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when he Lounched lhe projecl ond signed lhe qgreement with
the home buyers. Moreover, the nolion's economy os o whole hos
shown consislenl growth over the lost so mony yeors withoul ony
mojor incidents of recession or inflotion.
rir) Bon on sond mining ond quorrying of slones.
Anolher foctor which the respondeni hos poinled out is thot, the
projecl gol deloyed becouse of bon on sond ond s'tone minlng.
However, lhe soid bon wos ploced in the yeor 2007 ond some was
lifted in the yeor 2014. ln this cose,'the ogreement wos executed
between the respondent ond the ollottees in 2013 ond the
respondenl wos very well owore ol oll these constroints.
Therefore, he connol moke this foctor os on excuse for the deloy
in completion of his project.
iv) Dole of complelion mentioned in lhe regisholion with MohqRERA.
The respondeni further stoied thal the revised dote of complelion
os mentioned in MohoRERA regislrolion of 3l-12-2019 should be
considered os dote of possession qnd no relief should be granled
to lhe comploinqnls. connot be occepted os the date of
This
completion mentioned in MahoRERA regislrotion connot re-write
'the dote in the ogreemenl for sole signed by both the porlies.
6. lt cleor from the obove discussion lhot the reosons cited by the
is very
respondent for lhe deloy in completion ol the project, do not moke
sotisfoclory explonotion. Since the respondeni promoter hos foiled to
hondover possession of the soid fot lo the comploinonts on the ogreed
dote of possession mentioned in the ogreemenl for sole, the comploinonts
ore eniilled to relief under lhe provisions of seclion-18 of the RERA Act,
2016.
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7. According to Section-l8of the RERA Act, 2016, if the promoter foilstohond
over the possession of the flot/oportmenl/building to the buyers by the
dote specifled in the ogreement. lhe ollotee gets optlon eilher lo continue
in the proiect or withdrow from it. n lhe present cose, the comploinonl is
willing io conlinue in the soid proiect. Hence the comploinonts ore entitled
to gel interest on the omount pqid by them tor eYery month of deloy till the
possession is honded over to the comploinonts The poyrneni of interest on
the money invested by the home buyers is not the penalty, bul, o type of
compensotlon for deloy os hos been clorified by the Hon'ble High Court of
Judico'iure ol Bomboy in the iudgment doted 6th December. 2017 possed
in W.P. No. 2737 ol 2017. The respondent is lioble to poy interest for the
period of deloy in occordonce with the terms ond condilions of
ogreement.
8. ln view ol obove focls ond discussion, the respondent is directed to poy
interest to the comploinonts from l'r Jonuory, 2016 till the ocluol dote of
possession wilh occuponcy certificote ol lhe role of Morginol Cost Lending
Rote (MCLR) plus 2 % os prescribed under the provisions of Section-18 of the
Reol Estote (Regulotion ond Development) Act, 2016 ond the Rules mode
there under.
9. With lhe obove directions, the comploint stonds disposed of
(Dr. VUoy Solbir Singh)
Member '1. MohoRERA