17-Aug-2021 |
Sh.
Ashish Kush, Planning Executive briefed the facts about the project.
Sh.
Nishit Khandelwal (Authorised Signatory), Ms. Asmita Mehrotra (Authorised
Signatory) and Ms. Pallavi Kalra (Authorised Signatory) are present on behalf
of the promoter.
The promoter M/s Advance India
Projects Ltd. who is a
change of Developer and Transfer of license (License Holder) applied for the registration
of real estate project namely “AIPL Autograph” located at Sector-66, Gurugram
under section 4 of the Real Estate (Regulations and Development) Act, 2016 vide
central receipt no. 19330/19702 dated 03.06.2021 and RPIN-335. The Temp I.D. of
REP – I (Part A-H) is RERA -GRG-PROJ-818-2021. The project area for registration
is same as that of the licensed area i.e. 6.1375 acres. License no – 112 of
2012 dated 27.10.2012. The application for registration was scrutinized and 1st
deficiency notice vide notice no. HARERA/GGM/RPIN/335 dated 11.06.2021 was
issued to the promoter with an opportunity of being heard on 23.06.2021. On
23.06.2021, Ms Asmita
Mehrotra (Authorise Signatory), Ms. Pallavi Kalia (Authorise Signatory), Sh.
Saikat Sardar (Authorise Signatory) were present on behalf of the promoter. AR
was submitted the reply in the hearing itself and the same needs to be examined
by the office. The agreement made with the lender, Vis a vis the banker
regarding escrow account and transfer of 70% amount in same and lien thereon
needs to be examined by Mr. Naresh Kumar (CA) and to give his findings and
recommendations. The AR also apprised
that service plan and estimates have also been submitted to the competent
authority for approval and is under their consideration and next
hearing is fixed for 06.07.2021. The reply dated 25.06.2021 is scrutinized but
deficiencies not removed by the promoter. On 06.07.2021, the authority directed
the promoter to remove the deficiencies and matter is fixed for 20.07.2021. On
06.07.2021, the promoter submitted the approval letter of service plans and
estimates. On 12.07.2021 and 14.07.2021 the promoter submitted the
representation regarding the late fee. On 20.07.2021, the promoter submitted
the reply and the authority decided to adjourn the matter for 27.07.2021. On
27.07.2021, the hearing was adjourned for 10.08.2021. The promoter submitted
the reply dated 27.07.2021 and 06.08.2021 after scrutiny of the reply some of
the deficiencies are remaining which are mentioned below:
Deficit
Fee- Rs 99,44,741/-. Kindly submit the clarification regarding the applicability
of late fee- Rs 99,76,941.
Fire
Scheme Approval needs to be submitted.
On
10.08.2021, the matter was adjourned for 12.08.2021. On 12.08.2021,
the matter was adjourned and fixed for 17.08.2021.
The authority decided to refer
the matter regarding the late fee and representation of the promoter for a
legal opinion from the committee consisting of legal experts namely Mr. Venkat
Rao, Advocate (independent member) and Mrs. Geeta Rathee Singh, Legal Officer
of the Authority.
The
legal officer of the Authority is of the view that the Authority is well within
its rights to communicate deficit fee on the promoter as the project falls
within the definition of ongoing project and the promoter failed to get it
registered within a period of 3 months from the date of commencement of the
Real Estate (Regulation and Development) Act, 2016 and as per the independent
report or the legal opinion submitted by Mr. Venkat Rao, Advocate submitted
that the project was required to be registered at the certain earlier point in
time but is seeking registration with a delay. Therefore, considering the facts
mentioned in the report, Mr. Venkat Rao, Advocate is of the view that even
though the deficit fee is chargeable, the authority may suitably consider
waiving off the requisite deficit fee.
Copy
of the legal opinion of the Law Officer of the Authority and independent 3rd
party i.e. Advocate Mr. Venkat Rao was handed over to the AR of the promoter.
The promoter may respond to the legal opinion within 7 days and also give an
undertaking that if after considering the response of the promoter the
Authority decides levying of standard fee for late submission of application of
registration the promoter shall deposit the requisite standard fee within 15
days of raising the demand. The project is covered in the definition of ongoing
project if strictly go by the definition of ongoing projects as per rule 2 (o)
of the Haryana Real Estate (Regulation and Development) Rules, 2017. The
original licence holder was to apply to the Authority for registration of the
ongoing project. Now the licence has been transferred in the name of Advance
India Projects Ltd. and shall be responsible for all compliances of all terms
and conditions of the said licence.
The
fire scheme has been submitted to the competent authority on 16.04.2021 and
copy of the same has also been submitted to the Authority. The Authority decided to grant two months’
time to the promoter for obtaining the fire scheme and submitting the same to
the Authority.
The
Authority decided to grant registration subject to conditions mentioned above
and deposit of Bank guarantee amounting to Rs. 50 lakhs along with an
undertaking to deposit the deficit if decided by the Authority after
considering the response of the promoter.
The matter to come up for
follow up on 19.10.2021.Member (Samir Kumar)Member (Vijay Kumar Goyal)Chairman (Dr. K.K. Khandelwal) |
APPROVED AND READY FOR CERTIFICATE ISSUING PROCESS |
View Order |
12-Aug-2021 |
Matter adjourned for 17.08.2021 |
ADJOURNMENT |
View Order |
10-Aug-2021 |
Matter adjourned for 12.08.2021 |
ADJOURNMENT |
View Order |
27-Jul-2021 |
Sh. Ashish Kush, Planning Executive briefed the
facts about the project.
Ms. Asmita Mehrotra, Authorised Signatory and Ms.
Pallavi Kalia, Authorised Signatory are present on behalf of the promoter.
The promoter M/s Advance India Projects Ltd. who is
a change of Developer and Transfer of license (License Holder) applied for the
registration of real estate project namely “AIPL Autograph” located at Sector-66,
Gurugram under section 4 of the Real Estate (Regulations and Development) Act,
2016 vide central receipt no. 19330/19702 dated 03.06.2021 and RPIN-335. The
Temp I.D. of REP – I (Part A-H) is RERA -GRG-PROJ-818-2021. The project area
for registration is same as that of the licensed area i.e. 6.1375 acres.
License no – 112 of 2012 dated 27.10.2012. The application for registration was
scrutinized and 1st deficiency notice vide notice no. HARERA/GGM/RPIN/335 dated
11.06.2021 was issued to the promoter with an opportunity of being heard on
23.06.2021. On 23.06.2021, Ms Asmita Mehrotra (Authorise Signatory), Ms.
Pallavi Kalia (Authorised Signatory), Sh. Saikat Sardar (Authorised Signatory)
were present on behalf of the promoter. AR was submitted the reply in the
hearing itself and the same needs to be examined by the office. The agreement
made with the lender, Vis a vis the banker regarding escrow account and
transfer of 70% amount in same and lien thereon needs to be examined by Mr.
Naresh Kumar (CA) and to give his findings and recommendations. The AR also apprised that service plan and
estimates have also been submitted to the competent authority for approval and
is under their consideration and next hearing is fixed for 06.07.2021. The
reply dated 25.06.2021 is scrutinized but deficiencies not removed by the
promoter. On 06.07.2021, the authority directed the promoter to remove the
deficiencies and matter is fixed for 20.07.2021. On 06.07.2021, the promoter
submitted the approval letter of service plans and estimates. On 12.07.2021 and
14.07.2021 the promoter submitted the representation regarding the late fee. On
20.07.2021, the promoter submitted the reply and the authority decided to
adjourn the matter for 27.07.2021. The promoter submitted another reply on
22.07.2021 which was scrutinized and the deficiencies are mentioned below:
1.
Deficit Fee-
Rs 99,44,741/-. Kindly submit the clarification regarding the applicability of
late fee- Rs 99,76,941.
2.
The annexures
in the online application are not uploaded as well as the correction needs to
be done in the online (A-H) application.
3.
DPI needs to
be revised.
4.
Fire Scheme
Approval needs to be submitted.
5.
Approvals /
NOC’s from various agencies for connecting external services like storm water
drainage needs to be submitted.
6.
Quarterly
schedule of physical progress unit-wise needs to be filled in DPI.
7.
Quarterly
schedule physical progress stagewise needs to be filled in DPI.
8.
Quarterly
schedule physical progress of infrastructure and services needs to be filled in
DPI.
The AR submits that the promoter
has fulfilled all the above deficiencies except for grant of fire scheme
approval and NOCs from various agencies like storm water drainage. Legal
opinion with regarding to charging of late fee from Sh.Venkat Rao, Advocate as
well as Mrs. Geeta Rathee Singh, LO, HARERA, GGM. However, the opinion from Sh.
Venkat Rao, Advocate is yet to be received and he has assured to give within
next 3 days.
In view of same the case is adjourned to
10.08.2021..Vijay Kumar Goyal (Member) Samir Kumar (Member)Dr. K.K. Khandelwal (Chairman) |
OBJECTION |
View Order |
20-Jul-2021 |
Sh. Ashish Kush, Planning Executive briefed the
facts about the project.
Mrs. Asmita Mehrotra (AR) and Ms. Pallavi Kalia
(AR) are present on behalf of the promoter.
The promoter M/s Advance India Projects
Ltd. who is a change of Developer and
Transfer of license (License Holder) applied for the registration
of real estate project namely “AIPL Autograph” located at Sector-66, Gurugram
under section 4 of the Real Estate (Regulations and Development) Act, 2016 vide
central receipt no. 19330/19702 dated 03.06.2021 and RPIN-335. The Temp I.D. of
REP – I (Part A-H) is RERA -GRG-PROJ-818-2021. The project area for
registration is same as that of the licensed area i.e. 6.1375 acres. License no
– 112 of 2012 dated 27.10.2012. The application for registration was
scrutinized and 1st deficiency notice vide notice no.
HARERA/GGM/RPIN/335 dated 11.06.2021 was issued to the promoter with an
opportunity of being heard on 23.06.2021. On 23.06.2021, Ms Asmita Mehrotra (Authorise
Signatory), Ms. Pallavi Kalia (Authorise Signatory), Sh. Saikat Sardar
(Authorise Signatory) were present on behalf of the promoter. AR was submitted
the reply in the hearing itself and the same needs to be examined by the
office. The agreement made with the lender, Vis a vis the banker regarding
escrow account and transfer of 70% amount in same and lien thereon needs to be
examined by Mr. Naresh Kumar (CA) and to give his findings and
recommendations. The AR also apprised
that service plan and estimates have also been submitted to the competent
authority for approval and is under their consideration and next
hearing is fixed for 06.07.2021. The reply dated 25.06.2021 is scrutinized but
deficiencies not removed by the promoter. On 06.07.2021, the authority directed
the promoter to remove the deficiencies and matter is fixed for 20.07.2021. On
06.07.2021, the promoter submitted the approval letter of service plans and
estimates. On 12.07.2021 and 14.07.2021 the promoter submitted the representation
regarding the late fee. Some of the deficiencies are pending which are
mentioned below:
1.
Deficit Fee- Rs 99,44,741/-. Kindly
submit the clarification regarding the applicability of late fee- Rs 99,76,941.
2.
The annexures in the online application
are not uploaded as well as the correction needs to be done in the online (A-H)
application.
3.
DPI needs to be revised.
4.
Fire Scheme Approval needs to be
submitted.
5.
Approval letter submitted. However,
Service Plans and Estimates for the area 6.1375 acres needs to be submitted.
6.
Project report needs to be revised.
7.
Approvals / NOC’s from various agencies
for connecting external services like storm water drainage needs to be
submitted.
8.
Quarterly schedule of physical progress
unit-wise needs to be filled in DPI.
9.
Quarterly schedule physical progress
stage-wise needs to be filled in DPI.
10.
Quarterly schedule physical progress of
infrastructure and services needs to be filled in DPI.
11.
Draft Allotment letter is not as per
the prescribed format.
12.
Draft Builder Buyer Agreement is not as
per the prescribed format.
13.
Pert Chart needs to be revised.
14. Interest
cost to financial institution needs to be clarified.
15. Affidavit
by the promoter keeping in view of section 4(2)(l)(D) of the HARERA Act, 2016
needs to be witnessed and details of all three accounts needs to be mentioned.
Reply submitted today which needs to be scrutinised by
the office. On the request of the AR the
matter is adjourned to 27.07.2021 for rectification of remaining deficiencies.Vijay Kumar Goyal (Member) Dr. K.K. Khandelwal (Chairman) |
OBJECTION |
View Order |
06-Jul-2021 |
Sh. Ashish Kush, Planning Executive briefed the facts
about the project.
Sh. Asmita Malhotra and Sh. Pallavi
Kalia are present on behalf of the promoter.
Originally license was issued in favour of Sh. Om Prakash, Sh. Jitender
Kumar and others in collaboration with Gupta Promoters Pvt. Ltd. for setting up
cyber park colony on the land measuring 6.1375 acres. License no. 112 of 2012
is transferred from Sh. Om Prakash and others to Advance India Projects Ltd.
and the permission to change the developer from Gupta Promoters Pvt. Ltd. to
Advance India Projects Ltd. is granted vide order no. LC-2403-JE(VA)/2020/12942
dated 02.06.2021.
The promoter M/s Advance India Projects Ltd.
who is a change of Developer and Transfer of license (License Holder) applied
for the registration of real estate project namely “AIPL Autograph” located at
Sector-66, Gurugram under section 4 of the Real Estate (Regulations and
Development) Act, 2016 vide central receipt no. 19330/19702 dated 03.06.2021
and RPIN-335. The Temp I.D. of REP – I (Part A-H) is RERA -GRG-PROJ-818-2021.
The project area for registration is same as that of the licensed area i.e.
6.1375 acres. License no – 112 of 2012 dated 27.10.2012. The application for
registration was scrutinized and 1st deficiency notice vide notice
no. HARERA/GGM/RPIN/335 dated 11.06.2021 was issued to the promoter with an
opportunity of being heard on 23.06.2021. On 23.06.2021, Ms Asmita Mehrotra
(Authorise Signatory), Ms. Pallavi Kalia (Authorise Signatory), Sh. Saikat
Sardar (Authorise Signatory) were present on behalf of the promoter. AR was
submitted the reply in the hearing itself and the same needs to be examined by
the office. The agreement made with the lender, Vis a vis the banker regarding
escrow account and transfer of 70% amount in same and lien thereon needs to be
examined by Mr. Naresh Kumar (CA) and to give his findings and
recommendations. The AR also apprised
that service plan and estimates have also been submitted to the competent
authority for approval and is under their consideration and next hearing is
fixed for 06.07.2021.
The
reply dated 25.06.2021 is scrutinized and some deficiencies as remaining which
are mentioned below:
1. Deficit Fee- Rs 99,44,741/-. Kindly submit the clarification regarding
the applicability of late fee- Rs 99,76,941.
2. The annexures in the online application are not uploaded as well as the
correction needs to be done in the online (A-H) application.
3. DPI needs to be revised.
4. Fire Scheme Approval needs to be submitted.
5. Approved Service Plan and Estimates for the area 6.1375 acres needs to
be submitted.
6. Project report needs to be revised.
7. Approvals / NOC’s from various agencies for connecting external services
like storm water drainage needs to be submitted.
8. Quarterly schedule of physical progress unitwise needs to be filled in
DPI.
9. Quarterly schedule physical progress stagewise needs to be filled in
DPI.
10. Quarterly schedule physical progress of infrastructure and services
needs to be filled in DPI.
11. Draft Allotment letter is not as per the prescribed format.
12. Draft Builder Buyer Agreement is not as per the prescribed format.
13. Pert Chart needs to be revised.
14. Interest cost to financial institution needs to be clarified.
15. Affidavit by the promoter keeping in view of section 4(2)(l)(D) of the
HARERA Act, 2016 needs to be witnessed and details of all three accounts needs
to be mentioned.
The
office has pointed that there is a matter of deficit fee of Rs. 99,44,741/-The
AR appearing on behalf of company submits that they are new entrant. Their
company has purchased the project on 20.07.2018 and they have taken COD
permission with change of license from DTCP on 02.06.2021 only and hence they
are not liable for deficit fee.
The
Authority decided to refer the matter regarding late fee and representation of
the promoter for a legal opinion from the committee consisting of legal experts
namely Mr. Venket Rao, Advocate (independent member) and Ms. Geeta Rathee
Singh, Legal Officer and Accounts Officer of the Authority.
The
committee to give its report within a week’s time.
The
matter to come up on 20.07.2021.Samir Kumar (Member)Vijay Kumar Goyal (Member) Dr. K.K. Khandelwal (Chairman) |
OBJECTION |
View Order |
23-Jun-2021 |
Sh. Ashish Kush Planning Executive briefed
the facts of the case.
Ms Asmita Mehrotra (Authorise
Signatory), Ms. Pallavi Kalia (Authorise Signatory), Sh. Saikat Sardar
(Authorise Signatory) are present on behalf of the promoter. The deficiencies
stand conveyed vide notice dated 17.06.2021 and AR is submitting the reply
today itself and the same needs to be examined by the office. The agreement
made with the lender, Vis a vis the banker regarding escrow account and
transfer of 70% amount in same and lien thereon needs to be examined by Mr.
Naresh Kumar (CA) and to give his findings and recommendations. The AR also apprised that service plan
and estimates have also been submitted to the competent authority for approval
and is under their consideration.
The matter to come up on 06.07.2021.
Dr. K.K. Khandelwal (Chairman)
Vijay Kumar Goyal (Member) |
EXAMINATION BY AUTHORITY |
View Order |