The Rajasthan Real Estate Regulatory Authority, Jaipur, recently issued an order in response to a complaint and a suo moto case involving a real estate project called 'Virasat Affluence-2'. The complainant, Swatantra Kumar Jain, filed a complaint under Section 31 of the Real Estate (Regulation and Development) Act, 2016 (RERA Act), against Vaibhav Jain for the non-registration of the project. Additionally, the Authority initiated a suo moto case against Swish Infraheights LLP, the developer of the project. The order, dated 09.01.2023, provides a comprehensive analysis of the case and its outcome.
Background and Allegations
Complaint No. RAJ-RERA-C-2021-4490 was filed by Swatantra Kumar Jain against Vaibhav Jain, accusing him of constructing the project 'Virasat Affluence-2' without obtaining approval from the Jaipur Development Authority and without registering it with the Rajasthan Real Estate Regulatory Authority. The complainant sought penalties for the respondent's non-compliance with the RERA Act, which mandates the registration of real estate projects.
Counterarguments and Supporting Evidence
In response to the complaint, the respondent's counsel argued that the complainant was not an aggrieved person and therefore the complaint was not maintainable. They referred to a previous order by the Authority, dated 22.08.2022, which stated that projects completed after the commencement of the RERA Act but before any advertising, marketing, booking, sale, or invitation to purchase are exempt from registration.
The respondent's counsel presented evidence that the building plans for 'Virasat Affluence-2' were approved by the competent authority on 27.12.2013. They further argued that the completion certificate and occupancy certificate, issued by an empanelled architect authorized by the State Government, were valid and in compliance with the RERA Act. They highlighted that no booking or sale took place before the completion of the project on 28.05.2018.
After considering the arguments and reviewing the evidence, the Authority made several key findings. First, they acknowledged that the building plans for the project were indeed approved by the competent authority in 2013. They also recognized that the completion certificate and occupancy certificate were issued by an empanelled architect, who, according to the State Government, acted as the competent authority for approving plans and issuing certificates.
The Authority referred to their previous order, dated 22.08.2022, which stated that projects completed before any advertisement, marketing, booking, sale, or offer for sale are exempt from registration under the RERA Act. Based on the evidence presented by the respondent, the Authority concluded that 'Virasat Affluence-2' fell under this exemption and did not require registration.
In conclusion, the Rajasthan Real Estate Regulatory Authority dismissed the complaint filed by Swatantra Kumar Jain and dropped the proceedings initiated suo moto against Swish Infraheights LLP. The Authority accepted the completion certificate and occupancy certificate issued by the empanelled architect as valid, considering them to be issued by a competent authority. Based on their previous order and the evidence provided, the Authority determined that the project 'Virasat Affluence-2' was exempt from registration under the RERA Act.
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 Complaint No. RAJ-RERA-C-2021-4490 and File No. F.5(2411)RJ/RERA/C/2021 before the Rajasthan Real Estate Regulatory Authority
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