24-Jan-2022 |
Sh.
Ashish Kush, briefed about the facts of the case.
Sh.
B.B. Sahu joined the proceedings through VC on behalf of the promoter.
The
project pertains to the TOD. The building plans of the project was firstly
approved vide Memo no. ZP-661/JD(BS)/2013/33412 dated 13.03.2013. On the basis
of TOD, the revision of building plans was approved vide
ZP-661/JD(RD)/2020/7824 dated 11.05.2020.
The
cases pertain to TOD are subject to the clarification of the DTCP, Haryana.
However, the above project is to be registered as a whole not in the phase. As
well as the promoter submitted the consent of 2/3rd of the
allottees.
The
total no. of units in the project are 351. The total no. of units sold are 270
out of which the individual identity is 227. However, the promoter submitted
the consent from 181 allottees after examining the consent of allottees it was
found that the no. of consent is 155 as per the individual identity. The 2/3rd
consent is 151 as the sold units as per individual identity is 227.
The
promoter submitted the consent of more than 2/3rd allottees as per
the requirement.
Some
of the information in respect of sold units needs to be updated as explained to
the ARs during proceedings. Rest information is complete. The Authority decided
to grant registration. Three set of hard copies for authentication be submitted
by the promoter within three days.Member (Vijay Kumar Goyal)Chairman (Dr. K.K. Khandelwal) |
APPROVED AND READY FOR CERTIFICATE ISSUING PROCESS |
View Order |
19-Jan-2022 |
Proceedings
dated: 19.01.2022
Sh.
Ashish Kush, briefed about the facts of the case.
Sh.
B.B. Sahu joined the proceedings through VC on behalf of the promoter. It was
informed that requisite affidavit and balance written consent of 2/3rd
allottees have been submitted today at the registry. Office to examine and may
put up on 24.01.2022.
The
matter to come up on 24.01.2022.Member (Vijay Kumar Goyal)Chairman (Dr. K.K. Khandelwal) |
ADJOURNMENT |
View Order |
17-Jan-2022 |
The matter is Adjourned to 19.01.2022. |
ADJOURNMENT |
View Order |
10-Jan-2022 |
Sh.
Ashish Kush, briefed about the facts of the case.
Ms.
Hema Kashyap (Manager) and Sh. B.B. Sahu (Manager) are present on behalf of the
promoter.
The
promoter stated that they have obtained the consent of another 40 allottees in
addition to the consent of 119 allottees submitted earlier. The authority
directed the promoter to submit the corrected online DPI and an affidavit
giving details of allottees and details of those allottees who have given their
consent regarding the sale of the project.
The
matter to come up on 17.01.2022.Member (Vijay Kumar Goyal)Chairman (Dr. K.K. Khandelwal) |
ADJOURNMENT |
View Order |
20-Dec-2021 |
Sh. Ashish Kush,
briefed about the facts of the case.
Ms. Hema Kashyap
(Manager) and Sh. B.B. Sahu (Manager) are present on behalf of the promoter.
The promoter
submitted that they will produce written consent of 2/3 allottees who have been
allotted units prior to amendment of building plans on account of TOD after
coming of RERA.
The matter to
come up on 10.01.2022.Member (Vijay Kumar Goyal)Chairman (Dr. K.K. Khandelwal) |
ADJOURNMENT |
View Order |
27-Jul-2021 |
Sh. Ashish Kush, Planning Executive briefed the
facts about the project.
Sh. B.B.Sahu (Manager) and Sh. Parmod Sharma
(Executive) are present on behalf of the promoter.
The license for development of commercial project
was issued in favour of M/s French Buildmart Pvt. Ltd. for an area measuring
2.0229 acres in sector-66, Gurugram. However, M/s Capital Skyscraper Pvt. Ltd.
a subsidiary company of licensee applied for the RERA registration and the same
was granted by the Interim RERA, Panchkula on 01.01.2018. In view of the same
sale of 268 units was also made by M/s Capital Skyscraper Pvt. Ltd., who
otherwise was neither licensee nor the collaborator neither the BIP Holder.
However, the sale was affected in view of registration in their name by Interim
RERA, Panchkula. Now, the licensee M/s
French Buildmart Pvt. Ltd. has applied for in their name and agreed to add an addendum to
the Builder Buyer Agreement/ Allotment letter that without infringing any
rights of the existing allottees the licensee will settle all the issues/
disputes on the existing and prospective allottees and will deliver the
possession of units to the allottees as per the BBA.
On 23.06.2021, the authority directed the promoter
to submit the requisite approvals/ NOC’s from various departments like storm
water drainage, sewerage disposal and a draft of addendum of BBA shall be
submitted before next date of hearing i.e 13.07.2021.
Reply submitted by the promoter on 12.07.2021. The
promoter submitted the approvals/ NOC’s from various departments like storm
water drainage, sewerage disposal. As well as the intimation to the allottees
regarding the change of developer of the project with the update of
construction.
Online information has not been filled up by the
promoter despite various opportunities. This project also involves TOD benefits
by the promoter and a reference regarding TOD projects has already been sent to
DTCP Haryana. Meanwhile the promoter may complete the online information and
other deficiencies. On the request of the promoter matter is fixed for
20.07.2021. On 20.07.2021, the matter was adjourned for 27.07.2021.
The matter was discussed in detail. In view of the
back-drop/history of the project namely the ‘’Cityscape’ the below noted facts
have been observed:
i.
That earlier
the project was got registered in the name of M/s Capital Skyscraper, an
independent company which has no legal entity in the capacity of either a
licensee or promoter as no license was issued in its name. The Panchkula
Authority granted registration certificate dated 01.01.2018 vide No. 02 of 2018.
Overlooking the above material fact.
ii.
The
registration was granted for a period upto 31.12.2018, which has expired since
then. A period of more than 1 year 9 months has elapsed and registration has
already expired.
iii.
Now, the
original license holder French Buildmart Pvt. Ltd. through its AR Sh. Bhim
Bahadur Sahu resident of D-275, Krishna Park, Khanpur, New Delhi (Aadhaar Card
attached) has applied for amendment in registration of the project after a
lapse of more than 1 year 9 months in the name of new company i.e. M/s French
Buildmart Pvt. Ltd.
iv.
The promoter
submitted an undertaking stating that the M/s French Buildmart Pvt. Ltd. will
be liable for settle all issues / disputes, if any, of the existing and
prospective customers/ allottees and pay all outstanding dues to the government
authorities as and when demanded.
Taking into consideration the registration granted
earlier vide registration no. 02 of 2018 dated 01.01.2018 for the commercial
project admeasuring 2.0229 acres in favour of M/s Capital Skyscraper Pvt. Ltd.
stands cancelled and now the authority has decided to fix the matter for
20.12.2021. |
ADJOURNMENT |
View Order |
20-Jul-2021 |
Sh. Ashish Kush, Planning Executive briefed the
facts about the project.
Sh. B.B. Sahu (AR) and Mrs. Hema_Kashyap
(Manager) are present on behalf of the promoter.
The license for development of commercial project
was issued in favour of M/s French Buildmart Pvt. Ltd. for an area measuring
2.0229 acres in sector-66, Gurugram. However, M/s Capital Skyscraper Pvt. Ltd.
a subsidiary company of licensee applied for the RERA registration and the same
was granted by the Interim RERA, Panchkula on 01.01.2018. In view of the same
sale of 268 units was also made by M/s Capital Skyscraper Pvt. Ltd., who
otherwise was neither licensee nor the collaborator neither the BIP Holder.
However, the sale was affected in view of registration in their name by Interim
RERA, Panchkula. Now, the licensee M/s
French Buildmart Pvt. Ltd. has applied for registration in their name and
agreed to add an addendum to the Builder Buyer Agreement/ Allotment letter that
without infringing any rights of the existing allottees the licensee will
settle all the issues/ disputes on the existing and prospective allottees and
will deliver the possession of units to the allottees as per the BBA.
In the last hearing the authority directed the
promoter to submit the requisite approvals/ NOC’s from various departments like
storm water drainage, sewerage disposal and a draft of addendum of BBA shall be
submitted before next date of hearing.
Reply submitted by the promoter on 12.07.2021. The
promoter submitted the approvals/ NOC’s from various departments like storm
water drainage, sewerage disposal. As well as the intimation to the allottees
regarding the change of developer of the project with the update of construction.
Online information has not been filled up by the
promoter despite various opportunities. This project also involves TOD benefits
by the promoter and a reference regarding TOD projects has already been sent to
DTCP Haryana. Meanwhile the promoter may complete the online information and
other deficiencies. On the request of the promoter matter fixed for 20.07.2021.
The matter to come up on 27.07.2021.Vijay Kumar Goyal (Member)Dr. K.K. Khandelwal (Chairman) |
ADJOURNMENT |
View Order |
13-Jul-2021 |
Sh. Ashish Kush Planning Executive briefed the
facts of the case.
Ms. Hema Kashyap (Manager) and Mr. B.B. Sahu (AR) are
present on behalf of the promoter.
The license for development of commercial project was
issued in favour of M/s French Buildmart Pvt. Ltd. for an area measuring 2.0229
acres in sector-66, Gurugram. However, M/s Capital Skyscraper Pvt. Ltd. a
subsidiary company of licensee applied for the RERA registration and the same
was granted by the Interim RERA, Panchkula on 01.01.2018. In view of the same
sale of 268 units was also made by M/s Capital Skyscraper Pvt. Ltd., who
otherwise was neither licensee nor the collaborator neither the BIP Holder.
However, the sale was affected in view of registration in their name by Interim
RERA, Panchkula. Now, the licensee M/s
French Buildmart Pvt. Ltd. has applied for registration in their name and
agreed to add an addendum to the Builder Buyer Agreement/ Allotment letter that
without infringing any rights of the existing allottees the licensee will
settle all the issues/ disputes on the existing and prospective allottees and
will deliver the possession of units to the allottees as per the BBA.
In the last hearing the authority directed the
promoter to submit the requisite approvals/ NOC’s from various departments like
storm water drainage, sewerage disposal and a draft of addendum of BBA shall be
submitted before next date of hearing.
Reply submitted by the promoter on 12.07.2021. The
promoter submitted the approvals/ NOC’s from various departments like storm water
drainage, sewerage disposal. As well as the intimation to the allottees
regarding the change of developer of the project with the update of
construction.
Online information has not been filled up by the
promote despite various opportunities. This project also involves TOD benefits
by the promoter and a reference regarding TOD projects has already been sent to
DTCP Haryana. Meanwhile the promoter may complete the online information and
other deficiencies. On the request of the promoter matter fixed for 20.07.2021.Vijay Kumar Goyal (Member)Samir Kumar (Member)Dr. K.K. Khandelwal (Chairman) |
OBJECTION |
View Order |
23-Jun-2021 |
Sh. Ashish Kush Planning Executive briefed
the facts of the case.
Ms. Hema Kashyap (Manager) is present
on behalf of the promoter. The license for development of commercial
project was issued in favour of M/s French Buildmart Pvt. Ltd. for an area
measuring 2.0229 acres in sector-66, Gurugram. However, M/s Capital Skyscraper
Pvt. Ltd. a subsidiary company of licensee applied for the RERA registration
and the same was granted by the Interim RERA, Panchkula on 01.01.2018. In view
of the same sale of 268 units was also made by M/s Capital Skyscraper Pvt.
Ltd., who otherwise was neither licensee nor the collaborator neither the BIP
Holder. However, the sale was affected in view of registration in their name by
Interim RERA, Panchkula. Now, the
licensee M/s French Buildmart Pvt. Ltd. has applied for registration in their name
and agreed to add an addendum to the Builder Buyer Agreement/ Allotment letter
that without infringing any rights of the existing allottees the licensee will
settle all the issues/ disputes on the existing and prospective allottees and
will deliver the possession of units to the allottees as per the BBA. A draft
of addendum of BBA shall be submitted before next date of hearing.
However, a few requisite approvals/
NOC’s from various departments like storm water drainage, sewerage disposal etc.
are still pending and AR assures to submit the same within 15 days. In view of
same the matter is adjourned to 13.07.2021.
Dr. K.K. Khandelwal (Chairman)
Vijay Kumar Goyal (Member) |
ADJOURNMENT |
View Order |
10-May-2021 |
Due to COVID-19 Pandemic, the
matter is adjourned for 23.06.2021. |
ADJOURNMENT |
View Order |
05-Apr-2021 |
Sh. B.B Sahu (Director) and Ms. Hema Kashyap
(Manager) are present on behalf of the promoter. Deficiencies have already been
conveyed to the promoter. The promoter requested for some more time to submit
the deficit documents. The authority has accepted the request of the promoter.
The matter is to come up on 10.05.2021. |
ADJOURNMENT |
View Order |
15-Mar-2021 |
Sh. BB Sahu (Director)
and Ms. Hema Kashyap (Manager) are present on behalf of the promoter. The
Authority directed the promoter to submit the deficit documents mentioned below
within 15 days.
1.
The annexures in the online are
not uploaded as well as the correction needs to be done in the online (A-H).
2.
DPI not filled Properly.
3.
Renewal of license no. 43 of
2010 needs to be submitted.
4.
Two third consent of the
allottees for the revised building plan and change of promoter needs to be
submitted.
5.
Draft Allotment letter is not
as per the prescribed format.
6.
Draft Builder Buyer Agreement
is not as per the prescribed format.
7.
Approved service estimate plan
needs to be provided to check the calculation of internal development works.
8.
Quarterly schedule of estimated
expenditure needs to be clarified and corrected.
9.
Quarterly schedule of sources
of funds needs to be clarified and corrected.
10.
Quarterly schedule of net cash
flow needs to be corrected.
The Authority
also decided to issue the show cause notice. Next date of hearing is 05.04.2021. |
ADJOURNMENT |
View Order |
08-Mar-2021 |
The Coram is not complete. Hearing is adjourned and matter is fixed for 15.03.2021. |
ADJOURNMENT |
View Order |
01-Feb-2021 |
The license No.
43 of 2010 dated 08.06.2020 was issued for the development of the commercial
project in the name of M/s French Buildmart Pvt. Ltd. having an area
admeasuring 2.0229 acres situated in Sector 66, Gurugram.
M/s Capital
Skyscraper Pvt. Ltd. registered the project in its name in the Interim RERA,
Panchkula vide registration No. 02 of 2018 dated 01.01.2018 having the validity
till 31.12.2018.
The Capital
Skyscraper Pvt. Ltd. Sold the units in the projects as registered by the
Authority in its name. M/s Capital Skyscraper Pvt. Ltd. was neither the license
holder nor the collaborator in the project. There was no Beneficial Interest Permission
in the name of M/s Capital Skyscraper Pvt. Ltd. The registration in the name of
M/s Capital Skyscraper Pvt. Ltd. was irregular. As project is an ongoing
project, the sales of units prior to come into force of RERA were made by M/s
Capital Skyscraper Pvt. Ltd. Now there are two options either there should be Beneficial
Interest Permission in the name of M/s Capital Skyscraper Pvt. Ltd. or the
initial registration certificate be withdrawn and now registration shall be
done in the name of license holder (M/s French Buildmart Pvt. Ltd.). The second
option amounts to requirement of compliances under section 15 of the Act. There
are 351 total units in the project out of which 235 were sold. M/s French
Buildmart Pvt. Ltd shall step into the shoes of M/s Capital Skyscraper Pvt.
Ltd. The agreements already executed between M/s Capital Skyscraper Pvt. Ltd. and
allottees shall be concurred by M/s French Buildmart Pvt. Ltd. It is understood
that 68 allotees have given their consent whereas requirement is of 2/3
allottees i.e. 156. Alternatively, the copy of the agreements available with
the promoter be confirmed by the new promoter and photocopy be sent along with
a board resolution of M/s French Buildmart Pvt. Ltd to the allottees. The intending promoter shall be required to
independently complied all the pending obligation under the provisions of this
Act or rules and regulations made thereunder, and the pending obligations as
per the agreement for sale entered into by the erstwhile promoter with the
allottees.
Since there is
change of developer from M/s Capital Skyscraper Pvt. Ltd. to M/s French
Buildmart Pvt. Ltd (license holder) as such a public notice be got issued so
that all the buyers may come to know about the developer. Besides this the
deficiencies be conveyed and a show cause notice for rejection be issued. The
next date of hearing is fixed for 08.03.2021. |
ADJOURNMENT |
View Order |
12-Jan-2021 |
The coram is not complete. The hearing is adjourned and matter is fixed for 01.02.2021. |
ADJOURNMENT |
View Order |
23-Dec-2020 |
The hearing is adjourned and matter is fixed for 12.01.2021. |
ADJOURNMENT |
View Order |
09-Dec-2020 |
The coram is in not complete. The hearing is adjourned and matter is fixed for 23.12.2020. |
ADJOURNMENT |
View Order |
04-Dec-2020 |
The hearing is adjourned and matter is fixed for 09.12.2020. |
ADJOURNMENT |
View Order |
13-Nov-2020 |
The hearing is adjourned and matter is fixed for 04.12.2020. |
ADJOURNMENT |
View Order |
13-Oct-2020 |
The promoter requested for a period of 30 days time to remove the deficiencies. The Authority has decided to grant the same. Next date of hearing is 13.11.2020. |
EXAMINATION BY AUTHORITY |
View Order |