Complaint No. CC005000000208224


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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY
AUTHORITY, MUMBAI

Complaint No. CC005000000208224

Rajanikant Janardan Kajave


...Complainant

Versus

Gagan Realtors LLP


... Respondent


MahaRERA Project Registration No. P52100001819


Coram: Shri. Mahesh Pathak, Hon’ble Member – I/MahaRERA

Ld. Adv. Sagar Dixit appeared for the complainant.
Ld. Adv. Ganesh Padir appeared for the respondent.

ORDER
(Thursday, 11th January 2024)

(Through Video Conferencing)


1. The complainant above named has filed this online complaint before the
MahaRERA on 08-02-2023, mainly seeking directions from the MahaRERA to
the respondent to handover the possession along with interest and
compensation on account of delay under the provisions of section 18 of the
Real Estate (Regulation & Development) Act, 2016 (hereinafter referred to as
‘RERA’) in respect of the booking of a flat no. 402, “B” wing, area admeasuring

65. 64 sq. mtrs. carpet area in the respondent’s registered project known as
“Gagan Signet” bearing MahaRERA registration no. P52100001819 located at
Kondhwa Budruk, Pune.

2. This complaint was heard on several occasions and the same was finally heard
on 26-09-2023 as per the Standard Operating Procedure dated 12-06-2020
issued by the MahaRERA for hearing of complaints through Video
Conferencing. Both the parties have been issued prior intimation of this


Complaint No. CC005000000208224


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hearing. Accordingly, both the parties appeared for the said hearing and made
their submissions.

3. After hearing the arguments of both the parties, the following Roznama was
recorded–
“Both the parties are present. Both the parties confirm that the matter is
likely to be amicably settled between the complainant and the respondent.
Therefore, one week’s time is granted to both sides to enable such a settlement.
Accordingly, this matter is likely to be disposed of as settled suitably after
one week i.e. 3-10-2023, when the complainant uploads an application to that
effect on the MahaRERA website.”

4. In the present case, the MahaRERA has noticed that the complainant has
uploaded an application on record of MahaRERA on 13-10-2023 stating that
the settlement proposal given by the respondent is not proper and hence he
rejected the same. The complainant has requested to decide this complaint on
merits. The complainant has also uploaded further submissions on record of
MahaRERA on 21-10-2023 and 04-11-2023 stating that although the OC is
received for the project , the respondent has neither issued any final demand
letter to him nor has handed over possession of the said flat to him. The
complainant further stated that he is ready and willing to pay the balance
amount and to take the possession. However, the respondent is not handing
over the possession of the said flat to him.

5. In view of these facts, since both the parties have failed to settle the matter
amicably, the MahaRERA has no other alternative but to decide this complaint
on merits by granting an opportunity of hearing to the respondent.

6. In view of the above, the following order is passed:-
a. The roznama dated 26-09-2023 is hereby recalled; and this matter is restored


Complaint No. CC005000000208224


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for hearing on merits.
b. The complainant is directed to serve the copy of this complaint to the
respondent within a period of one week from the date of this

INTERIM ORDER

if not
done so far.
c. On receipt of the same, the respondent is directed to file its reply to this
complaint within a period of 2 week, if not done so far.
d. The Registry of this Bench is directed to list this matter for next hearing strictly
as per seniority.
e. The Registry of this Bench is also directed to intimate this

INTERIM ORDER

to both
the parties to ensure its necessary compliance within the stipulated time period.
.


(Mahesh Pathak)
Member – 1/MahaRERA