Appeals-ATOO6OOOOOO0s33l7 ^{& AT006000000093905} BEFORE THE MAHARASHTRA ^{R.EAL ESTATE} APPELLATE TRIBUNAL ^MUMBAI APPEAL NO. AT0005000000053317 ^{0F 2021} IN coMPLATNT NO,CC006000000195842 ^{0F 2021} Sukhadia (1) Abhishek Anuj l Sukhadia (2) Chhaya Anuj l having address al C-2162, ^{Textils Society,} l Marg, Bombay Dyeing Lane, Off. ^VS. l

025.

l ,.,Appellants Prabhadevi, l4umbai-400 -vs-

M/s Pragatej Builders l Ltd'

Developers Pvt. I having address at ^{A1202, K.K. Towers,} l Parel, G.D. Ambedkar ^lYarg, l

012.

l ..,Respondent Mumbai- 400 WITH AppEAL NO, AT0006000000093905 ^{0F 2022} IN coMPLATNT NO.CC006000000195842 ^{0F 2021} M/s Pragatei Builders l Ltd. l Developers Pvt, having address at ^{Flat No.B, First Floor,} l Plot No.185, lagdish ^{Building, 15th floor,} l

071.

...Appellant Chembur ^{(E), [4umbai-400} ]

-VS.-

(1) Abhishek Anuj Sukhadia l (2) Chhaya Anuj Sukhadia l having address al C-2162, ^{Textila Society,} l Bombay Dyeing Lane, Off. ^{VS, lYarg,} l Prabhadevi, Mumbai-400 ^025. l ...Respondents Appeals-AT005000000053317 ^& AT006000000093905 Adv. Mr Faran Khan ^for Appellants ^{in Appeal No.AT-53317 and for} Respo n de nts i n Appea I No. AT- 93 9 05.

Adu. Mr. Vishal Gaikwad for ^{Respondents in Appeal No'AT-53317 and} for Appellant in Appea^{I No.93905.}

CORAM : SHRIRAM ^R. JAGTAP, ^{MEMBER (J) &}

S.S. SANDHU, MEMBER ^(A)

DATE : 7th February,2023.

(THROUGH VIDEO CONFERENCTNG)

JUDGMENT (J.)]

[PER ^{: SHRIRAM R. JAGTAP, MEMBER} Captioned Appeals emanate ^{from order daled 27'7.2021} passed by the learned Chairperson, MahaRERA ^{(for short'Authority),} whereby the learned Authority ^{has awarded interest to allottees from} t.L.2020 till handing over ^{possession of the subject apaftment.}

For ^the sake of convenience ^{parties to the appeals} hereinafter will be referred to ^{as allottees and promoter. Since both} appeals are arising out of ^{same order and pafties are same, therefore,} both appeals are being disposed ^{of by a common judgment.}

27 Brief facts necessary for deciding ^{the appeals are that,} allottees have ^{purchased apartment bearing No.901 in the project of} promoter known as "Vishnuchandra Sky", situated at ^{Wadala, Mumbai} for a total consideration of ^{Rs.2,02,40,000/- and they have paid a sum} of Rs.1,59,40,000/- to ^{promoter. This is a slum rehabilitation project.}

Appeals-AT006OO00O0053317 & ATO06000O00093905 This project consists of rehab component and sale component. ^An agreement for sale came to be executed ^{by and between allottees and the promoter} on 22.3.2014, whereby ^{the promoter committed to hand} over ^possession of the subject ^flat to allottees by December ^{2015 with} grace period of 6 months. The ^promoter has also allotted two car parking spaces on podlum/under stilt of the building.

3l Since the ^promoter had failed to deliver ^{possession of the} subject apartment to allottees in ^{accordance with the terms of the} agreement for sale, allottees had ^{filed complaint bearing} No.CC006000000 023778 ^of 2018 and ^{had sought reliefs of interest on} account of delayed ^possession and directions ^{to the promoter to hand} over ^possession of the subject ^{flat to allottees at the earliest.}

41 The promoter had appeared in the said complaint and remonstrated the complaint contending that the ^{project could not be} completed due to certain financial lssues. The ^{promoter had further} submitted that now he arranged ^{flnance and committed to hand over} possession of the subject apaftment by 31'r December 2019. After hearing allottees and ^promoter, the ^{learned Authority was pleased to} pass order on the complaint. For better appreciation and understanding of the observations of the ^learned Authority, relevant ^{portion of the}

order dated 4.7.2018 is reproduced ^{as under-}

Appeals-AToo6OoooOOO53317 & ^{AT0060oo000093905} "3.The complainants submitted ^{that at this stage, they are} interested in having ^{the proiect completed and will} therefore not ^{insist that the Respondent pay them interest} for the delayed possession ^{as on date, provided, the} Respondent completes ^{the project by committing to a} reasonable timeline. ^{Fufthe, they submitted that if they} do