1)

ii)

1l-03-2019

Mr. Kishor Kalwani & Anr.Vs.

M/s. Runwal Greens Wings 5 - 8

... Appellant/s.

1

2

... Respondents.

None for the appellant. Advocate [Vls. Garima Agrawal i/by

Wadia Gandhy & Co. for the Respondent is present.

On 0'l .02.2019 neither appellant nor their advocate was present.

Today also appellant and his advocate are absent. Respondent

and their advocate are present. They produced some papers on

record along with affidavit on behalf of Respondent No.1. Ld.

Advocate for the Respondent submitted that appellants have

amicably settled the matter and they intend to withdraw the

matter. Considering the papers including application for

withdrawal at Exh."A" and other papers it appears that

appellants are not attending the matter as the dispute isamicably settled between the parties. ln such circumstances, I

allow the application for withdrawal vide Exh."A" and proceed to

pass the following order .

ORDER

i) Appeal No. 4T006000000010682 stands withdrawn inview of application for withdrawal at Exh."A" and

possession letter at Exh."B".

No order as to costs. ,t-oj-\3 '(SUMA . KOLHE)JUDICIAL MEMBER,

Maharashtra Real EstateAppellate Tribunal,(MahaRERA)

Mumbai.

MAHARASHTRA REAL ESTATE APPELLATE TRIBUNALAPPEAL NO. AT006000000010682

GORAM : SUMANT M. KOLHE. Member (J.)

DATE : MARCH'11.2019.

Appeal Under Section 44 of RERA ACT 2016.ORDER

IBEF'OI{E ]'HE MAHARASFITRA REAL ESTATE APPELLATE

TRIBU}.IAI-

AppEAL NO AT 0060000(X)0106tt2 0F 2018

Kishor Kalwani & Anr.

V/s

Propel Developers Pvt. Ltd. & Anr.

. Appellants

Respondents

I, Sandesh Raghunath Patil, adult, Indian inhabitant, being Authorised

Signatory of the Respondent No. I having office at 4th Floor, Runwal &

Ornkar Esquare, Opp.Sion -Chunabhatti Signal, Sion (E), Mumbai- 400022

, do hereby solernnly affinn and state as under:

I say that I am well versed with the facts and circumstances

surrounding the present case based on records maintained by the

Respondent No. l. I deny each and every allegation, contention and

insinuation made in the captioned proceedings and nothing therein

should be deemed to be admitted by the Respondent No. 1 for want of

denial.

I say that the captioned Appeal has been filed by the Appellants to

challenge the Order dated 3l't July,2018 ("said Order") passed by

the Learned Chairperson of the Maharashtra Real Estate Regulatory

Authority, on the grounds specified therein.

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1 I say that by letter dated 29th January, 2019 Appellants have

undertaken to unconditionally withdraw the captioned Appeal. A

}op, of the letter dated 29fl' January, 2019 is annexed hereto and

rnarked as Exhibit "A".

I further say that the Respondent No. 1 vide their letter dated 19th

February, 2019 has handed over the physical possession of the subject

Flat No. 602 in'Redwood' in Respondent No. l's 'Runwal Greens'

project. A copy of the letter dated lgth February,2019 is annexed

hereto and marked as Exhibit "B".

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AFFIDAVIT ON BEHALF OF THE RESPONDENT NO. 1

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In light thereof, the Appellant has taken possession of the subject flat

and also undertaken to unconditionally withdraw the present

complaint.

In the above circumstances, I hunrbly pray that the letters dated 29th

January,2019 and lgth Februarv,2019 be taken on record and

appropriate orders be passecl on the' lrasis thereof-.

Solernnly affirmed at Mumbai-/'

This . . /./.:... day of March 20 I e

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/g-)ru'Advocates for Respondent No. I

For Wadia Ghandy & Co Beforo Mo

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Date- 29101 lz0L9From,

Mr. Kishor Kalwani,Mr. Hemant Kalwani,KALWANI BHAWAN,

PLOT NO. 318,4TH ROAD,

SARDARPURA,

JODHPUR.

To,

The Hon'ble President,Maharashtra Real Estate Appellate Tribunal,

Near Kalaghoda,Fort, Mumbai.

Respected Sir,

Ref:- Appeal No , 4T006000000010682 of 2018 filed by us (Appellants)

against M/s. Propel Developers Pvt. Ltd. viz (the Respondent)-

Sub: - Withdrawal of APPeal

With refererice to the above, we would like to state as under.

1, We have filed the captioned Appeal against the Respondent abovenamed to challenge the order

dated 31st July 201-8, passed by Hon'ble Maha RERA authority in RERA Compliant No.

CC00600000044489. We hereby confirm and place on record that we have mutually and amicably

resolved and scttled all our respective disprttes, difference and grievances with the Respondent,

Hence, we hereby willingly, unconditionally and rrrevocably desirous of withdrawing the captioned

Appea l.

2. We further state & declare that there are no grievances, disputes or difference of any nature are

pending between us, in respect of the Flat No 6A2, T-7, Building "REDWOOD" situated at Project

,,Runwal Greens" Mulund Goregaon Link Road, Nahur (W), Mumbai- 400 078 therefore we wish to

withdraw the captioned appeal immediately and accordingly we hereby request your Honour to

kindly dispose of our above mentioned appeal as withdrawn forthwith'

Yours Sincerely,

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G-r--(-l--' b

Mr. Kishor Kalwani

TRUE GOPY

7PutnsrWadia GWY & Co-

ACvocates, Sollcltors &. NotariesN. M. Warlio Buitding,

123. Maha;nct Qqncihi RoadFort, lv'lutttbai- 400 023'

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POSSESSION LETTER

Dated: 19t' February, 2079To,

MR. KISHOR KALWANIMR. HEMANT KALWANIKALWANT BHAWAN, pLor No. 318,4th RoAD,SARDARPURA, JODHPUR.

Refr Occupation Certificate ('OC") dated 17th March, 2018 granted by MunicipalCorporation of Greater Mumbai ("MCGM") in respect of residential building known

as "REDWOOD" in the project known as "Runwal Greens" being constructed onthe plot of land bearing crs Nos, 68tA/7,681/A/8 & GB1,/A/9 situated at ViilageNahur, Goregaon Mulund Link Road, Bhandup (W) Mumbai - 400 078

Sub: Handrng over possession of the Flat bearing no. 502, ("Said Flat") situated on 6'h

floor of the residential building known as "REDWOOD" ("Said Building").

Dear Sir / Madam,

We are pleased to inform you that we have received OC from MCGM as referredhereinabove and in pursuance thereof, we are handing over physical possession of the Said

Flat to you on the conditions as mentioned hereunder:

1. We confirm having received the entire consideration and other charges from you inrespect of the Said Flat in terms of the Agreement for Sale dated 27s November,20L3

{"said Agreement") and nothing is due and payable by you.

Z. You have personally visited and inspected the Said Flat, said Building/Tower and theamenities and facilities in the Real Estate Project (as defined in the said Agreement)and have accorded your complete satisfaction forthe same and you have no grievances

or claims of any nature whatsoever.

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f'3. You will use the Said Flat for residential purpose only,

4. You accept the terms of the Fit-Out Guidelines which have been handed over to you \ (

and your labourers/contractors shall also strictly follow the same

PURCHASER Page 1 of6

RUNWAL GROUPHead Offlce :

Runwal & Omkar Esquare,4th Floor, Off. Eastern Express Highway, Opp. Sion-Chunabhatti Signal, Sion (E), Mumbai - 4OOOZ2.Tet.:02261162C

Site Office :

Runwal Greens, Next to Wockhardt (Fortis) Hospital, Mulund-Goregaon Link Road, Mulund (West), Mumbai - 4OO07B. fel,:022 6123 70r

Toll Free : 1800 102 3939 . Emall : customBr.caretart]nwal.com o Wehslte: w rilnwalnreans rn in . r:lN. il7nlnoirH?nlADrraaa'

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5. You have agreed to observe and comply with the following

(i) Any internalwork in the Said Flat including making of furniture and fixtures and/or interior decorations shall be at your own costs, charges and expenses andstrictly in accordance with the terms and conditions of the said Agreement andalso subject to the compliance of all statutory Laws, rules and regulations;

(ii) To quietly and peacefully carry out the furniture work in the Said Flat and shallnot at any time cause any nuisance or disturbance or hindrance or obstruction tothe neighboring occupants and/or any other occupants of the building orotherwise.

(iii) Not to make any addition or any alteration to the architectural elevation,structure, projection of the building or to change the outside colour scheme orcoating of the same;

(iv) Not to partition the Said Flat or remove/demolish the existing partition or not toamalgamate, merge the Said Flat with other(s) or adjoining flat(s);

(v) Not to make any change in any of the externalwindows or doors of the Said Flatby way of shifting, altering, changing the colour or in any other way whatsoever;

(vi) Not to provide external grills over the windows which will affect the elevation ofthe building;

(vii) Not to affix any fixtures or grills on the exterior of the Said Flat for the purposes

of drying clothes or for any other purpose and not to have any laundry dryingoutside the Said Flat.

(viii) Not to keep any plants in pots or any other objects on the outer sill of thewindows or on the parapets or chhajjas/ terrace/ balconies of/ or appurtenant tothe Said Flat and not to do anything which may cause discoloration ordisfiguration or any damage to the building;

(ix) Not to cover any chhajjas/ terrace/ balconies or construct any structure or poles

or pergolas or trellies on the chhajjas/ terrace/ balconies of/ or appurtenant tothe Said Flat;

RCHASER Page 2 of 6 DEVELOPER

RUNWAL GROUPHead Office:Runwal & Omkar Esquare,4th Floor, Off, Eastem Express Hlghway, Opp. Sion-Chunabhatti Signat, Sion (E), Mumbai - 4O}OZ2. Tel.: 022 61j6 2C

Site Office :

Runwal Greens, Next to Wockhardt (Fortis) Hospital, Mulund-Goregaon Link Road, Mulund (West), Mumbai - 400078, Tel.z 022 6123 7otToll Free : '1800 102 3939 . Emall : customet carefdrrrnwnl.cnm o Wahsl0a. u&n! rrrarralaraah. ^^ i^ .

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(r) Not to chisel or break or cause any damage to the columns, beams, walls, slabs,chha.iias, R,c.C. or other structural members in the building etc. as providedt h e rein;

(xi) Not to carry out any alteration in the said Flat and/or the building by way ofbreaking any walls, beams, columns, chhajjas so as to arter the externarappearance of the said Flat, nor to cause or create any slabs on voids provided inthe building;

(xii) Not to make any other structural additions or alterations of a temporary orpermanent nature, in or to the Said Flat;

(xiii) Not to damage the water proofing layers in the bathrooms, dry balconies,flowerbeds, niches and chhajjas while doing interior works or otherwise of the5a id FlaU

(xiv) Not to break or damage the final coat of waterproofing or damage the brick batlayer either in the bathrooms, dry barconies, flowerbeds, niches, chhajjas of thesaid Flat. ln the event, any change/sis/ are done or caused to be done by you inthe Said Flat which causes leakage to the flat below the Said Flat or otherwise,you shall be liable or responsible for the same and you shall make good the losssuffered and/or sustained by us/occupant ofsuch affected flau

(xv) Your workmen and agents will not do any work of interior decoration,renovation, furniture making or any other allied work between 7:00 p.M. till 9:00A.M. in the Said Flat and no nuisance shall be caused at any time in the buildingand at the time of any work your workmen/agent,/contractor or their employees,etc. will wear identity card and the same be will be produced as and whendemanded by any occupant in the building;

(xvi) To make suitable arrangements for removal of debris. ln case debris are notremoved, you authorise and entitle us to remove the same and debit Rs. L0,000/- (Rupees Ten Thousand Only) for each Lorry Trip for removal of such debris andsame shall be initially adjusted against the Security Deposit paid by you and incase if the expenses exceed more than the security deposit, then, the same shallbe paid by you immediately on receipt of the necessary intimation/invoice fromthe Developer.

(xvii) To store dirt, rubbish, refuse, garbage, etc. only in the designated places

xviii) To pay maintenance charges in respect of the said Flat in a timely manner

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PURCHASER Page 3 of6

RUNWAL GROUPHead Office :

Runvral & Omkar Esquaro, 4th Floor, Off. Eastern Express Highway, opp. sion-chunabhatti signal, sion (E), Mumbai - 4ooo22.Tet.:0226116 20(Site OfficeRunwal Greens, Next to wockhardt (Fortis) Hospital, Mulund-Goregaon Link Road, Mulund (west), Mumbai - 4ooo7g. Tet,: 0226123 700Toll Froa : 1800 102 3939 . Emall : custnmarearcfa')rrrnwal .^m . \ rahcito! ,,^r^...r,^,.,6r^ i- . ^rr,.

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(xix) To pay maintenance charges for common access road, street lights, commonrecreation space, passages, electricity and telephone cables, water lines, gaspipelines, drainage lines, sewerage lines, sewerage treatment plant and othercommon amenities and conveniences in the layout of the Larger Land (as definedin the said Agreement) to the Developer in a timely manner. once the saidBuilding is conveyed to the Society, the Society shall collect the aforesaidmaintenance charges from you every quarter in advance and hand over the sameto the Developer till the Larger Land is conveyed to the Apex Body (as defined inthe said Agreement).

6. You have physically inspected, checked and verified the Said Flat and have fullysatisfied yourself about the accuracy of the carpet area, height, quality of construction,flooring, painting, plastering, electrical fitting, fixture, plumbing, sanitary work and allother amenities and specifications as provided in the Said Flat and that the same are inaccordance with the terms of the said Agreement executed between ourselves andyourselves.

7, You will not store any goods in the common areas

8. While carrying out the furniture / interiors in the Said Flat, in case the Developer suffersany loss, cost, damages or expenses (including advocate fee) of any nature due to anyof your acts/ deeds, you shall indemnify and keep the Developer indemnified from timeto time and at all times in future forsuch loss, costs, expenses, etc.

9. You agree and confirm that in the event ygu, or any flat purchasers of the said Building,make any internal structural / non-structural changes to any flat in the said Building,the Developer shall stand discharged of all their expressed and implied warranties withrespect to the construction issues of the said Building.

10. You have agreed that you will not carry out any work by which structure or RCC

changes are made in the Said Flat or any part thereof and in case the Developer findsany unauthorized work or extension, covering any area is being carried out in the Said

Flat, the Developer is entitled to stop the same immediately without any notice to you

and you will solely and exclusively be liable for such act, losses and damages. ln case

any action is initiated by any authority including MCGM for such changes/ alterations,you will be solely liable for the same.

11. You shall not raise any objection or protest on account of any disturbance or nuisance

of whatsoever nature due to construction activities going on around the Said Flat orbuildi ng

RCHASER Page 4 of6

RUNWAL GROUPHead Office :

Runwal &OmkarEsquare,4thFloor,Off.EasternExpressHighway,Opp.sion-Chunabhani signal,sion(E),Mumbai -40oo2z.Tet.:022611620(Site Office :

Runwal Greens, Next lo wockhardt (Fortis) Hospital, Murund-Goregaon Link Road, MurundRUNWALw

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Tnll Frae ' lnnn 1n2 30la r trnail . ^r,cl^66? ^..6ar.,.^r..^r -^a - t.r^L-r.(West), Mumbai - 400078. Tet.: 022 6123 700

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12. You wirl not cause any damage to the buirding or any other frat, common area by anyact of omission or commission. In case of any damage caused to other flats you will besolely responsible for the same and shall rectify the damage or shall compensate theconcerned party for such damage.

13' You will not use the Said Flat for any illegal or immoral purpose. you will not change theuser thereof without our consent and permission and/or the consent of the socieiy andalso the BMC and/or any other concerned authority, as the case may be.

14. You will be admitted as member of the socrety, as and when formed.

15' You (or your nominee) will not sell, transfer, mortgage, license, sublet, rent or disposeoff the Said Flat or create third party right or interest therein without obtaining priorwritten permission/NoC from the Developer, till formation of Co-operative Society; andupon formation of the Society, permission of the society shall be sought by you.

15. You have paid an adhoc sum of Rs. 1,75,500/- (Rupees one Lakh seventy_FiveThousand And Five Hundred only) towards maintenance charges for a period of (1g)months. The adjustment of the aforementioned maintenance charges has commencedfrom 17'h March, 2018. The said maintenance charges does not include property taxand same is payable by you separately as and when demanded by the Develop"1. o1. th"competent authority. lf the said maintenance charges available with the Developer islesser/shorter than the expenses incurred towards maintenance then you shall beliable to proportionately contribute to such shortfall. Any delay in payment of theaforementioned shortfall on the stipulated due date will attract interest at the rate of27% (twenty one percent) p.a, till the date of payment apart fromdisconnection/discontinuation of common services till such time the payment,including restoration charges, are paid. The Developer shall be under no obligation tocarry out any maintenance in the building if adequate maintenance charges are notavailable andf or not paid by you.

17. You shall adhere, observe and perform all the guidelines, bye-laws, rules, regulations,instructions, directions as may be issued, from time to time, by the Developer or theSociety (to be formed) or the competent authorities,

18. You shall unconditionally comply with the terms and conditions as enumerated in theregistered Agreement/s for Sale dated 27th November, 2013 read with SupplementaryAgreement, if any

RCHASER Page 5 of6

RUNWAL GROUPHead Office :

Runwal & omkar Esquare, 4th Floor, off. Eastern Express Hlghway, opp. sion-chunabhatti signal, sion (E), Mumbai - 4ooo22.Tet,:0226116 2000Site OfficeRunwal Greens, Next to Wockhardt (Fortis) Hospital, Mulun d-Goregaon Link Road, Mulund (West), Mumbai _ 400078. Tet.: 022 6123 7000Toll Free : 1800 102 3939 . Email : ct,stomer.c2rctAntnwat

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19' The Developer has kept you informed from time to time about the factors which havecaused passage of time in handing over possession of the Said Flat and you are satisfiedthat the said passage of time has been caused due to factors mentioned in clause L7 ofthe said Agreement. ln view of the satisfactory explanation given from time to time,you have agreed to unconditionally accept the possession of the Said Flat and herebydischarge the Developer from the obligation of handing over the possession on orbefore the date mentioned in Clause 17 of the Agreement. ln light of the aforesaid, youhave agreed that you will not claim and/or demand any interest, fine, penalty,damages, etc., if at all, now & in future, from the Developer towards such delay inhanding over possession of the Said Flat.

20' You will indemnify and keep the Developer indemnified from time to time and at alltimes in future against any loss, cost, damage, expenses, etc. (including advocate fee)that the Developer may incur or suffer or is likely to incur or suffer for any act ofomission or commission on your part.

21. Notwithstanding anything to the contrary, any breach on your part will entitle theDeveloper or the Society (to be formed), as the case may be, to take such action againstyou as we deem fit, entirely at your risk, cost and consequences.

ln token of acceptance of the above, you are requested to sign herein below

Thanking you,'Yours Faithfully,

Pvt. Ltd.

Auth

l/We have read and understood the contents mentioned above and accept the same andhave taken possession of the Said Flat along with keys.

On this day of 2019.

1. MR. KISHOR KALWANI-

2. MR. HEMANT KALWANI-

PURCHASER Page 6 of6 DEVELOPER

RUNWAL GROUPHead Office :

Runwal & omkar Esquare, 4th Floor, ofi. Eastern Express.Highway, opp. sion-chunabhatti signal, sion (E), Mumbai - 4ooo22.Tet,: o226116 2000Site Offi-ce

Runwal Greens' Next to wockhardt (Fortis) Hospital, Mulund-Goregaon Link Road, Mulund (west), Mumbai - 400076. Tel,: 022 6123 7000Toll Froo: 1800 102 3939 .

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RUNWAI.wWlh vou. alwevt... CU slomgr.cargtorunwel.cnm . wehslta. wuv ntnrurln.oonc ^^ l^ . atN. ilTntnorlurnraDT^.7....

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Dated: 19th February , ZOL)

To,

MR. KISHOR KALWANII

MR. HEMANT KALWANI

KALWANT BHAWAN, PLOT NO. 318,4Ih ROAD,SARDARPIJRA, JODHPUR.

Sub: car Park Allotment for Flat No. T7-602 in the Building - REDWOOD

Ref: With Reference to Agreement for Sale Dated 276 November, 2013 for subject flat.

Dear Sir,

This is with reference to your A8reement for sale Dated 27'h November, 2013 in respect of your Flat No.T7'602 in the building known as REDWoOD at the project "RUNWAL GREENS,, which is situated atMulund - Goregaon Link Road, Next to Fortis Hospital, Mulund, Mumbai - 40007g, we are pleased toallot you 1 (one) car parking bearing no. "P4- 59". This is the only letter issued to you for parkingallotment and all earlier letters f correspondences, etc if issued in subject matter siands forthwithca ncelled.

All rest terms & conditions of agreement as referred above shall remain unchanged & binding.

Thanking You,Yours Faithfully,

For PROPEL DEVELOPERS pW. LTD

TRUE COPY

",blrbPYP*tn",Wadia Glvndy & Co.

Advocates, Solicttors &. NotariesN" n4. Wadia Ruilcling,

123, Mahafina Gariditi. RaadFort, Muntbai - 400 02.1.

l/We Confirm

MR. KISHOR KALWANI.

MR. HEMANT KALWANI.

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RUNWALwxpWh v^.t .tqv.

RUNWAL GROUPHead Office :

Runwal &omkarEsquare'4thFloor,off.EasternExpressHighway,opp.sion-chunabhatli signal,sion(E),Mumbai -4ooo22.Tel,:02261162000

Site Offlce :

Runwal Greons' Next to wockhardt (Fortis) Hospital, Mulund-Goregaon Link Road, Mulund (west), Mumbai - 4ooo78. tat..t 0226123 7000,Toll Free : 1800 102 3939 t Emall : customer.care16)rrrnwal nnm r lA/chcrf6! \r/rr^., r,rn,.,.rAr6a^c ^^ i^ . ^r^r. r r7^.^orru.n <c6ran?....

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BEFORE THE MAHARASHTRA REAL ESTATEAPPELLATE TRIBUNAL, MUMBAI BENCH,

MUMBAI

AppEAL NO. AT 006000000010682 0F 2018

Kishor Kalwani & Anr.

V/s

Propel Developers Pvt. Ltd.

Appellants

Respondent

AFFIDAVIT ON BEHALF OF THERESPONDENT

Datecl this .. .l.l.t"day of March 2019

M/s. Wadia Ghandy & Co.Advocates for the Respondent,

N.M. Wadia Building,123, M.G. Road, Foft,Munibai - 400 001

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