29-May-2023 |
PENDING |
|
|
--- |
--- |
24-Apr-2023 |
PENDING |
THE MATTER IS ADJOURNED FOR 29.05.2023. |
VIJAY KUMAR GOYAL ASHOK SANGWAN SANJEEV KUMAR ARORA |
View Order |
28-Apr-2023 |
27-Mar-2023 |
PENDING |
THE MATTER IS ADJOURNED FOR 24.04.2023. |
VIJAY KUMAR GOYAL ASHOK SANGWAN SANJEEV KUMAR ARORA |
--- |
--- |
20-Feb-2023 |
PENDING |
THE MATTER IS ADJOURNED FOR 27.03.2023. |
ASHOK SANGWAN SANJEEV KUMAR ARORA |
View Order |
20-Feb-2023 |
16-Jan-2023 |
PENDING |
THE MATTER IS ADJOURNED FOR 20.02.2023. |
VIJAY KUMAR GOYAL ASHOK SANGWAN SANJEEV KUMAR ARORA |
View Order |
07-Feb-2023 |
21-Dec-2022 |
PENDING |
THE MATTER IS ADJOURNED FOR 16.01.2023. |
VIJAY KUMAR GOYAL ASHOK SANGWAN SANJEEV KUMAR ARORA |
View Order |
21-Dec-2022 |
15-Nov-2022 |
PENDING |
THE MATTER IS ADJOURNED FOR 21.12.2022. |
VIJAY KUMAR GOYAL ASHOK SANGWAN SANJEEV KUMAR ARORA |
View Order |
18-Nov-2022 |
18-Oct-2022 |
PENDING |
The matter is adjourned for 15.11.2022 at 3.00 PM. |
K K KHANDELWAL VIJAY KUMAR GOYAL ASHOK SANGWAN SANJEEV KUMAR ARORA |
View Order |
27-Oct-2022 |
28-Sep-2022 |
PENDING |
Mr. Naresh Kumar briefed about the project. Mr Suresh Sareen (President)
and other member of governing body are present on behalf of home buyer
association. Sh. Md. Allimuddin (Director) Sh Shahid Khan (Manager) on behalf
of the promoter are also present in the meeting.
1.
The authority after going through the facts and circumstances of the
project observes with pain and anguish that the promoter has miserably failed
to complete the project. Rather, from the last more than four years no work
has progressed on site. The allottees
are feeling cheated and disturbed about the commitment being made by the
promoter time and again regarding recommencing the hold up construction work.
2.
This is a project where 274 units have been sold out of which 196 units
are part of tower A to tower D and 78 units are in tower E and F where even
the foundation has not been laid. The
work in towers A to D is also 15-20 percent complete.
3.
The promoter was asked to submit certain information which is required by
the authority for adjudging the viability of the project and also to take a
decision regarding proceedings under section 7 for revocation of registration
of the project and also to discharge its functions and duties under section 8
of the Act, 2016.
4.
Sh. Allimuddin, Director of the promoter company was given an opportunity
of hearing in response to the show cause notice dated 22.08.2022 and also to
furnish his explanation as why the information sought by the authority vide
notice ibid has not been supplied. He
was having no satisfactory answer for not submitting the requisite
information as detailed out in para 12 (a to r) of the show cause
notice. The authority has observed it
very seriously and exercising the powers under section 63 of the Act, 2016 hereby
decides to issue a show cause notice as why penalty of Rs. 50,000/-per day be
not imposed on him during the period of default continued for submitting the
information i.e. 22nd of September, 2022 the time period permitted
by the authority to submit requisite information which may cumulative up to
5% of the cost of the project as determined by the authority. The promoter is further directed to submit
the information within a week from today i.e. 28.9.2022 and in case he
further defaults the liability to a
penalty for every day of default may further be enhanced by the authority.
5.
The promoter is directed to submit the information as mentioned above in
an affidavit form and all documents authenticated by the Chartered Accountant
along with unique document identification number (UDIN).
6.
Due to lack of complete information the proceedings seems to have been
paralyzed by the promoter by not furnishing the information and the authority
further decides to order forensic audit of the account of the project wherein
at least the following information shall be called out by the forensic
auditor in addition to other irregularities which may come to his knowledge
during forensic audit:
i)
Details of the units sold by
the promoter along with address and mobile number of the allottees is to be
obtained by the forensic auditor on behalf of the authority.
ii)
Total amount to be collected
from the allottees,
iii)
The amount collected in respect
of the units allottee-wise and how the same was utilized.
iv)
Total amount due of each unit
allottee wise,
v)
Details of the unsold units
whether there is any charge or mortgage on the unsold unit.
vi)
Details of all charges of
mortgage, loan and receivable.
7.
Due diligence about the project.
8.
Details of statutory dues payable to the DTCP in respect of the EDC,
license fee or any other dues.
9.
Details of cost of construction incurred so far for which details will be
provided by the promoter and obtained by the forensic auditor.
10.
Cost to be incurred for completing the balance work for obtaining
occupation certificate for towers A to D.
feasibility of transferring of units to the allottees in tower E &
F (78 units) as informed.
11.
Total liability of the creditors on this project. Viability of project
keeping in view the financial in-flow and out-flow from the project.
12.
Chain of shareholders and directors since inception.
13.
Comments of last three years audited balance sheet of the company and
stand alone project.
14.
The authority hereby directs the promoter to provide net-worth
certificate of all the directors of the promoter company of this project duly
certified by CA along with unique document identification number (UDIN)
15.
M/s APRA Associates is appointed as forensic auditor. The forensic auditor to return the report
within 10 days from the date of assigning work. The forensic auditor shall be
paid a fee amounting to Rs. 2,50,000/- recoverable from the promoter as a
charge on the project.
16.
The authority further restrains the promoter and its directors and
collaborators from further creating any 3rd party right on the
unsold inventory. The project land and unsold inventory of the project are
attached and a public notice in this regard be issued by the concerned
planning executive in at least two news-papers one Hindi and one English having
circulation in Gurugram area.
17.
the bank accounts of the project are frozen and intimation be sent to the
concerned bank as per the registration certificate.
18.
The matter regarding revocation of registration in response to the show
cause notice will be decided by the authority after obtaining forensic report
and the requisite information as has been sought from the promoter.
19.
Comments of the forensic auditor regarding viability of the project
submitted by the promoter will also be given by the forensic auditor.
20.
Copy of resolution submitted by the Arete buyer association regarding
certified true copy of the resolution passed at the general body meeting of
the arete flat buyer association held on 18th day of September,
2022 at 11.00 am at Ahinsa Residency, Sector-47, Sohna Road, Gurugram taken
on record.
The Matter to come up on 18.10.2022.
|
K K KHANDELWAL VIJAY KUMAR GOYAL |
--- |
--- |
22-Aug-2022 |
FIRST HEARING |
Mr.
Naresh Kumar briefed about the project. Mr Suresh Sareen (President) and other
member of governing body are present on behalf of home buyer association. Sh.
Venket Rao (counsel), Sh. Md. Allimuddin (Director) on behalf of the promoter are
also present in the meeting. The following are the outcome of the meeting:-
1. The
association had requested to takeover the project under section 8 of the Real
Estate (Regulation and Development) Act, 2016.
2.
Further, an enquiry regarding
resolution plan it transpired that:
i.
There was no plan available with
the association of home buyer and need some time to prepare the same
ii.
Regarding the member of
association, total no. of allottee 256 out of which only 67 were the member of
home buyer association. Hence, it is directed that at least 2/3 of the total
no. of allottees should be given their consent for taking over the project.
iii.
The association should approach to
the developer for obtaining the list of allottees to increase the strength of
the allottees.
iv.
The home buyer association further directed
to convey the annual general meeting and pass the necessary resolution in this
regard.
3.
The developer submitted that, they
have been successful in meeting with leading Investor/developer who wants
infused fund for the development and completion of the project. On further
inquiry, the terms of agreement and term sheet, the developer said that they
had In- Principal agreement with the
investor/developer and finalize term sheet along with detail resolution plan would
be submitted with in 30 days.
4.
The authority directed to home
buyers association and the promoter to submit a concrete resolution plan with
the authority for it concurrence with in 30 days.
5.
The authority directs the promoter
to provide the list of allottee along with contact details to the home buyer
association.
6.
The report submitted before the
authority for further taking appropriate decision.
7.
The Matter to come up on
26.09.2022. |
K K KHANDELWAL VIJAY KUMAR GOYAL |
View Order |
12-Sep-2022 |