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Complaint No. CC005000000053896

M/s. SMP Namrata Associates ..Complainant
Mrs. Suvarna Santosh Nazrekar ..Respondent

MahaRERA Project Registration No. P52100013219

Coram: Dr. Vijay Satbir Singh, Hon’ble Member – 1/MahaRERA

Mr. Nicky Milani, CA, appeared for the complainant.
Adv. Ms.Leena appeared for the respondent.

(03rd September, 2020)
(Through Video Conferencing)

1. The complainant has filed this complaint seeking directions from

MahaRERA to terminate the Articles of Agreement and the amount
collected till date be allowed to be forfeited by the complainant and
they may be allowed to re-sale the flat under Section 11(5) of Real
Estate (Regulation and Development) Act, 2016 (hereinafter referred to
as the RERA) with respect to booking of flat bearing No.B-1105 of the
complainant’s project known as “Life 360 Phase 1” bearing MahaRERA
Registration No.P52100013219 at Kalewadi, Pimpri Chinchwad, Pune.

2. This complaint was heard on several occasions in the presence of the

concerned parties and the same was heard on 11th August, 2020 as per
the Standard Operating Procedure dated 12th June 2020 issued by
MahaRERA for hearing of complaints through Video Conferencing. Both
the parties have been issued prior intimation of the hearing and they
were also informed to submit their written submissions, if any.
Accordingly, both the parties appeared for the hearing. On that date the
advocate for the respondent stated that she wants to file her reply /
written submissions but was facing a problem of accessing the MahaRERA
website. Hence one week’s time was granted to the respondent to
upload the same. On request of the respondent the matter was
adjourned today for final hearing. Accordingly, both the parties
appeared through their representative / advocate and made their
submissions. The MahaRERA heard the arguments advanced by both the

3. It is the case of the complainant that it is the promoter who has sold the
said flat to the respondent allottee vide a registered agreement for sale
dated 29-08-2019 for a total consideration of Rs. 50,34,624/- out of
which the complainant has only paid Rs. 1,00,000/-. The complainant has
been following up with the respondent for the payment of the balance
amount but the respondent has failed to make the payment till date. The
complainant sent demand letters and demand cum interest letters to the
respondent on 30-08-2019, 03-10-2019, 05-11-2019, 2012-2019.
However, the respondent has not made any payments to the complainant
and has only paid the initial amount of Rs. 1,00,000/-. The respondent
however, sent a legal notice to the complainant in January, 2020 for non-
allotment of parking etc. Since the complainant has faced various
hardships due to the respondent and is facing financial hardship since it
has borrowed construction loan from HDFC Bank and is liable to pay
monthly EMI along with interest. Therefore the present complaint is filed
praying for cancelling the agreement of the respondent. The
complainant also prayed for permission to forfeit the amount paid by the
respondent. During the hearing the complainant has clarified that it is
ready to go ahead with the agreement for sale executed with the
respondent, if the respondent pays the interest for the delayed

4. The respondent allottee on the other hand has refuted the claim of the
complainant and stated that she was ready and willing to pay the
outstanding dues payable as per the terms and conditions of the
agreement for sale as her loan was sanctioned in the month of
December, 2019 itself. However, the complainant promoter has not given
car parking to her and it has also increased the GST amount from 5% to
7%. Hence she could not pay the outstanding dues to the complainant.
Further, the complainant being promoter cannot file a complaint against
the allottee as there is no provision under RERA to file such complaint.
However, she has stated that she is still ready and willing to pay the
outstanding dues but the direction be issued to the complainant to
waive off the interest amount raised by the complainant.

5. The MahaRERA has examined the arguments advanced by both the

parties as well as the record. In the present case the complainant
promoter has approached MahaRERA seeking cancellation / termination
of the agreement for sale executed with the respondent allottee due to
default made by the respondent for payment of outstanding dues in
accordance with the agreement for sale.

6. In this regard, the MahaRERA is of the view that since there is a

registered agreement for sale entered into between the complainant,
the respondent is an allottee of the project registered with MahaRERA.
In this regard, the provision of section 19(6) of the RERA is required to
be perused , which reads as under :

“11(6) Every allottee, who has entered into an agreement for sale to
take an apartment, plot or building as the case may be, under
section 13, shall be responsible to make necessary payments in the
manner and within the time as specified in the said agreement for
sale and shall pay at the proper time and place, the share of the
registration charges, municipal taxes, water and electricity charges,
maintenance charges, ground rent, and other charges, if any.”

In view of the aforesaid explicit provision of the RERA, the

MahaRERA is of the view that the respondent being an allottee is liable
to make payment in accordance with the terms and condition of the
agreement for sale failing which the promoter is entitled to terminate
the agreement for sale as per the provision of section 11 (5) of the
RERA. In this case, during the course of hearing respondent showed her
willingness to make the payment. Hence the MahaRERA directs the
respondent to make necessary payment to the complainant towards the
booking of the said flat within a period of one month failing which the
complainant would be entitled to terminate the agreement for sale in
accordance with the terms and conditions of the agreement for sale.

7. With regard to the payment of interest by the respondent, the

MahaRERA is of the view that in case of any default on the part of
allottee or the promoter, either party would be entitled to seek interest
for such a default as prescribed under section 18 of the RERA.
Accordingly, if the respondent has made any default in timely payment
as per the agreement for sale, she would be liable to pay interest for
the delayed payment at the rate of Marginal Cost Lending Rate (MCLR)
of SBI plus 2% as prescribed under RERA and the Rules made there

8. With these directions, the complaint stands disposed of.

(Dr.Vijay Satbir Singh)

Member – 1/MahaRERA