Mr. Dilip Purshotam Shirke Vs Kumar Builders Consortium

Decided On	26 Oct 2017
Appellant	Mr. Dilip Purshotam Shirke
Respondent	Kumar Builders Consortium
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Summary

Case Summary

The Complainant has filed this complaint and requested to direct the respondent to handover the possession of his booked flat within 3 months. He contends that the respondent didn’t complete the project by the end of December, 2016 as agreed in their consent terms in the decree of the civil court, Pune. Therefore, he claiming for compensation @10%p.a. on the amounts received by them.

The complainant also alleges that the respondent did not mention the decree passed in RCS No.5780/12 by the civil judge Pune as well as about CC/13/30 to 35 decided by the state consumer forum while registering their project with MahaRERA and they did not produce the commencement certificate.

Conclusion by MahaRERA

In view of the matter, the Authority said :

The copy of the decree is placed on record by the complainant himself. It shows that the respondent is agreed with the mentioned date of possession, in case of their failure to handover the possession they shall pay the compensation of Rs.10,000/- per month till delivery of possession. Therefore, he is bound by the decree.
Once the issue is decided by the civil court, it may not be pursued further. Hence, the complainant cannot seek the same relief and on this ground his complaint is not maintainable under RERA.
It is admitted.
From the fact and circumstances of the case in this there is no point to adjudicate this complaint. Therefore,the complainant should bear this cost and should pay Rs.10,000/- to the respondent towards their cost of complaint.

Hence, the complaint is dismissed.