In a recent case before the Rajasthan Real Estate Regulatory Authority (RERA), Jaipur, involving Mahendra Kothari, a show cause notice was issued for the non-submission of Quarterly Progress Reports (QPRs) on the RERA web portal. This article provides an in-depth analysis of the case, the legal framework involved, and the final order issued by the honorable member of the RERA.
File No.: F.3(1790)RJ/RERA/C/2021
Date of Order: 18.01.2023
Under the Real Estate (Regulation and Development) Act, 2016, and the Rajasthan Real Estate (Regulation and Development) Rules, 2017, promoters are required to submit QPRs on the RERA web portal to update project details for public viewing. Mahendra Kothari, the respondent in this case, was served a show cause notice under sections 35, 36, 37, and section 38 of the Act, along with section 7, 11(1), 61, and section 63, and Rule 16(1)(D) of the Rules, for non-compliance.
Allegations and Show Cause Notice:
The show cause notice highlighted that the respondent failed to submit the required QPRs within the stipulated timeframe. The notice presented the following allegations:
- Violation of section 11(1) of the Act read with rule 16(1)(D) of the Rules, which led to a request for penalties of up to 5 percent of the estimated project cost under section 61 of the Act.
- Non-compliance with the Authority's order dated 01.01.2021, and subsequent clarifications/amendments, which potentially warranted per-day penalties under section 63 of the Act.
- Alleged default in the submission of QPRs, raising the possibility of revoking the registration of the project under section 7(1)(a) of the Act.
During the hearing, no representative appeared on behalf of Mahendra Kothari. The advocate representing the Authority informed the court that all pending QPRs had been filed and uploaded on the web portal.
Order and Conclusion:
After considering the arguments presented and reviewing the case records, the honorable member of the RERA, Shri Shailendra Agarwal, concluded that the respondent had complied with the requirements by filing and uploading the pending QPRs. Consequently, the show cause notice was discharged, and the proceedings were dropped.
This case before the Rajasthan Real Estate Regulatory Authority highlighted the importance of complying with the legal provisions and submitting Quarterly Progress Reports (QPRs) on the RERA web portal. Promoters must adhere to their obligations under the Real Estate (Regulation and Development) Act, 2016, and the relevant rules to ensure transparency and accountability in the real estate 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(1790)RJ/RERA/C/2021 before the Rajasthan Real Estate Regulatory Authority
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