In a recent case before the Rajasthan Real Estate Regulatory Authority (RERA), Jaipur, Hamsa Builders Developers LLP faced charges of non-compliance with reporting requirements under the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as 'the Act'). The case, filed under File No. F.3(1794)RJ/RERA/C/2021, involved allegations of Hamsa Builders Developers LLP's failure to submit Quarterly Progress Reports (QPRs) on the RERA web portal within the specified timeframes.
Background of the Case
Under the Act and the Rajasthan Real Estate (Regulation and Development) Rules, 2017 (hereinafter referred to as 'the Rules'), it is mandatory for promoters to upload QPRs on the RERA web portal. These reports serve as a means to update project details for public viewing and ensure transparency in the real estate sector. Hamsa Builders Developers LLP, the respondent in this case, was issued a show cause notice under sections 35, 36, 37, and 38 of the Act, along with section 7, 11(1), 61, and 63, and Rule 16(1)(D) of the Rules.
The show cause notice, which referenced previous orders and clarifications issued by the Authority, highlighted Hamsa Builders Developers LLP's non-compliance with the reporting requirements. It directed the respondent to explain why penalties, including a potential penalty of up to 5 percent of the estimated project cost under section 61 of the Act, should not be imposed. Additionally, the notice sought to address the possibility of a per-day penalty under section 63 of the Act and the revocation of the project's registration under section 7(1)(a) of the Act.
Proceedings and Arguments
The matter was brought before Shri Shailendra Agarwal, Hon’ble Member of the Rajasthan Real Estate Regulatory Authority, on the date of the order, January 11, 2023. Advocate Garvit Agarwal, appearing on behalf of the Authority, presented the case, while Advocate Mitesh Rathore, representing Hamsa Builders Developers LLP, argued on behalf of the respondent.
Advocate Mitesh Rathore, appearing on behalf of Hamsa Builders Developers LLP, submitted that all the pending QPRs had been filed and uploaded on the web portal of the Authority. Based on this assertion, the advocate pleaded for the discharge of the notice and the termination of the proceedings against Hamsa Builders Developers LLP.
Decision and Discharge of Notice
After a careful review of the case records and online information, the Authority verified that Hamsa Builders Developers LLP had indeed filed and uploaded all the pending QPRs on the web portal. In light of the respondent's compliance with the reporting requirements, the Authority decided to discharge the notice issued and drop the proceedings against Hamsa Builders Developers LLP.
The Rajasthan Real Estate Regulatory Authority, Jaipur, presided over the case between the Authority and Hamsa Builders Developers LLP, involving the non-compliance of reporting requirements under the Real Estate (Regulation and Development) Act, 2016. Hamsa Builders Developers LLP was accused of failing to submit Quarterly Progress Reports (QPRs) on the RERA web portal within the specified timeframes. However, during the hearing, Advocate Mitesh Rathore presented evidence of the submission of all pending QPRs on behalf of Hamsa Builders Developers LLP.
Upon considering the compliance demonstrated by Hamsa Builders Developers LLP, the Authority discharged the notice issued and dropped the proceedings. This case serves as a reminder to real estate promoters of the importance of adhering to reporting requirements to ensure transparency and accountability in the sector.
Note: The information provided in this article about Rajasthan Real Estate Regulatory Authority (RRERA) is for informational purposes only. It is not intended as legal or professional advice and readers should consult qualified professionals for advice specific to their circumstances. The information provided in this article is based on the File No. F.3(1794)RJ/RERA/C/2021 before the Rajasthan Real Estate Regulatory Authority
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