In a recent case, the Rajasthan Real Estate Regulatory Authority (RERA), Jaipur, filed a complaint against Akshat Apartments Pvt. Ltd. for their failure to comply with the provisions of the Real Estate (Regulation and Development) Act, 2016. The case, registered under file number F.3(2069)RJ/RERA/C/2022, involved the non-submission of Quarterly Progress Reports (QPRs) on the RERA web portal. This article provides an in-depth analysis of the case, including the legal background, proceedings, and the final outcome.
The Real Estate (Regulation and Development) Act, 2016, commonly known as RERA, was enacted by the Indian government to regulate the real estate sector and protect the interests of homebuyers. The Act mandates that developers and promoters provide transparent and up-to-date information about their projects through the submission of QPRs on the RERA web portal. Failure to comply with these requirements can lead to penalties and even the revocation of project registration.
In this particular case, the Rajasthan RERA issued a show cause notice to Akshat Apartments Pvt. Ltd. under sections 35, 36, 37, and 38 of the Act, along with other relevant provisions of the Rajasthan Real Estate (Regulation and Development) Rules, 2017. The notice highlighted the respondent's failure to submit the required QPRs within the stipulated timeframe.
The show cause notice outlined three main issues that the respondent needed to address:
- Penalty Imposition: The respondent was asked to explain why a penalty of up to 5 percent of the estimated project cost should not be imposed on them for violating section 11(1) of the Act and rule 16(1)(D) of the Rules.
- Per-day Penalty: The notice also demanded an explanation for the non-compliance with the Authority's previous order dated 01.01.2021 and subsequent amendments. The respondent was warned of the potential imposition of a per-day penalty under section 63 of the Act.
- Project Registration Revocation: The respondent was required to provide reasons why the registration of their project should not be revoked under section 7(1)(a) of the Act due to their alleged default in submitting QPRs as per the Act and Rules.
Proceedings and Outcome:
The case was brought before Shri Shailendra Agarwal, Hon'ble Member of the Rajasthan RERA. During the hearing, no representative appeared on behalf of Akshat Apartments Pvt. Ltd. However, the advocate representing the Authority informed the Court that the completion certificate, issued by the empanelled architect, and all pending QPRs had been filed and uploaded on the RERA web portal. The advocate requested that the proceedings against the respondent be dropped.
After reviewing the case records and considering the arguments presented by the advocate, Shri Shailendra Agarwal confirmed the compliance of the respondent. Therefore, the notice was discharged, and the proceedings were dropped.
The case between the Rajasthan RERA and Akshat Apartments Pvt. Ltd. highlights the importance of complying with the provisions of the Real Estate (Regulation and Development) Act, 2016. The Act aims to ensure transparency and protect the rights of homebuyers in the real estate sector. In this particular instance, the respondent failed to submit Quarterly Progress Reports on the RERA web portal within the prescribed time limit. However, after the completion certificate and pending QPRs were filed and uploaded on the portal, the notice was discharged, and the proceedings were dropped. This case serves as a reminder to real estate developers and promoters to adhere to the regulatory requirements set forth by RERA.
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(2069)RJ/RERA/C/2022 before the Rajasthan Real Estate Regulatory Authority
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