03-Jun-2024 |
Sh. Ashish
Kush, Planning Executive and Ms. Suruchi Pandey, Chartered Accountant briefed
about the facts of the case.
Sh.
Manik Sharma (AR), Sh. Bharat Vigmal (AR) and Sh. Abhijeet Singh (AR) are
present on behalf of the promoter.
The Authority had already approved the project in-principle on 25.09.2023
subject to imposition of penalty for violation of section 3 of the Act of 2016.
The show cause has already been issued to the promoter for the violation of
section 3 of the Act. The Authority decided to impose a penalty of Rs 25 lakhs
u/s 59 of the Act for the violation of section 3 of the Act. Further, as OC has
already been obtained vide memo No. ZP-545/SD(BS)/2018/23018 dated
02.08.2018 and possession of all units has been handed over to the allottees. Registration
of the project is hereby approved as proposed but the Registration Certificate
shall be issued after submission of the penalty. |
APPROVED AND READY FOR CERTIFICATE ISSUING PROCESS |
View Order |
27-May-2024 |
The matter is adjourned and to come up on 03.06.2024 |
ADJOURNMENT |
View Order |
25-Sep-2023 |
Sh. Ashish Kush, Planning Executive
and Ms. Asha, Chartered Accountant briefed about the facts of the case.
Sh. Abhijeet Singh (AR), Sh. Manik
Sharma (AR) and Sh. Bharat Vigmal (AR) are present on behalf of the promoter.
Sh. Arun Kumar Raina (Complainant)
is present in person and requests for early grant of registration and levy the
penalty for selling the units without registration of the project.
It is noted that OC for the for was
already obtained on 02.08.2018 after completing the construction work and units
also handed over to the allottees but grant of registration was held up for
want of BIP permission which has now been granted by DTCP vide No.
LC-1391-III/JE(DS)/2023/14921 dated 17.05.2023. Further regarding submission of
assurances and other documents required at the time of registration, since the
development works have been completed and sales have also been completed and
hence submission of those documents is exempted and the Authority decides
in-principle to grant registration subject to imposition of penalty under
section 63 of the Act, 2016 for violation of the provisions of Section 3 of the
Act of 2016. For the adjudicating quantum of penalty, a thirty days show cause
notice be issued to the promoter. Registration shall be issued after
realization of penalty amount as decided by the Authority on the next date of
hearing. |
ADJOURNMENT |
View Order |
28-Aug-2023 |
Sh. Ashish Kush, Planning Executive and Ms. Asha, Chartered Accountant
briefed about the facts of the case.
Sh. Manik Sharma (AR), Sh. Abhijeet Singh (AR) and Ms. Anisha Mitra (AR)
are present on behalf of the promoter.
The complainant Sh. Arun Kumar Raina was heard in person, and he re-iterated
his complaint with respect to grave and serious violation of section 3 of the
RERA Act, 2016 and submission of wrong/invalid structural stability certificate
before DTCP with respect to completion of the project. He further requested for
imposition of penalty and registration of the project at the earliest. Further,
the AR of the promoter requests for waive of deposit of documents pertaining to
submission of assurance for water supply, sewage and road etc. and also the bank
undertaking since the applicant promoter is only a BIP holder for 3.26706 acres
and after obtaining OC in respect of all the units, possession has already been
handed over. The main licensee M/s Haamid Real Estate Pvt. Ltd. is now
responsible for obtaining CC in respect of the colony and no other obligation
on the part of promoter applicant remains to be fulfilled. The AR is advised to
submit copy of final approvals as the services are already functional. The
request of the promoter for waiver of bank undertaking shall be examined and
decided on the next date including imposition of penalty for violation of
section 3 of the Act. The AR of the applicant promoter requests for four weeks’
time for submission of the deficit documents. Request is allowed.
The matter to come up on 25.09.2023. |
ADJOURNMENT |
View Order |
14-Aug-2023 |
The coram is not complete. The matter is adjourned and to come up on 28.08.2023. |
ADJOURNMENT |
View Order |
24-Jul-2023 |
Sh. Ashish Kush, Planning
Executive and Ms. Asha, Chartered Accountant briefed about the facts of the
case.
Sh. Abhijeet
Singh (AR), Sh. Manik Sharma (AR) and Sh. Bharat Vigmal (AR) are present on
behalf of the promoter.
The AR of the promoter
stated that they had applied for the OC before the commencement of RERA and their
OC has never been rejected. Hon’ble Chairman is of the view that if OC has been
applied before RERA and has not been rejected then the project is not an
ongoing project. Hon’ble Members are of the view that we may seek information
regarding sale of units after commencement of RERA if any, and to clarify as to
whether the 3rd party rights have been created prior to RERA only.
In view of the above, the promoter
is directed to submit the list of units alongwith complete details where if
any, sale has been done after the commencement of RERA but prior to
registration.
Further, regarding the
complaint, the Authority decided to call the complainant in the next hearing.
The intimation be sent to the Complainant in this regard.
The matter to come up on
14.08.2023. |
ADJOURNMENT |
View Order |
10-Jul-2023 |
Sh.
Ashish Kush, Planning Executive and Ms. Asha, Chartered Accountant briefed
about the facts of the case.
Sh. Abhijeet Singh (AR), Sh.
Manik Sharma (AR) and Sh. Bharat Vigmal (AR) are present on behalf of the promoter.
The
copy of the complaints received from Sh. Arun Kumar Raina have already been
handed over to the AR of the promoter during the last hearing. No reply has
been submitted by the promoter till date. The AR of the promoter is directed to
submit the reply. The matter to come up on 24.07.2023. |
ADJOURNMENT |
View Order |
26-Jun-2023 |
Sh.
Ashish Kush, Planning Executive and Ms. Asha, Chartered Accountant briefed
about the facts of the case.
Sh.
Manik Sharma (AR) and Sh. Bharat Vigmal (AR) are present on behalf of the
promoter.
It
has been brought to the notice of the Authority that there are 18 complaints
pending against this project filed by one Sh. Arun Kumar Raina received from
time to time. The complaints mainly refer to violation under section 3 of the
Act, 2016 and some other issues pertaining to the above project. It was decided
that the above complaints would be taken up with the registration proceedings.
Copies of the complaints be handed over to the AR of the promoter applicant to
submit a consolidated response within a period of 10 days.
The
matter to come up on 10.07.2023. |
ADJOURNMENT |
View Order |
07-Jun-2023 |
Sh.
Ashish Kush, Planning Executive and Ms. Asha, Chartered Accountant briefed
about the facts of the case.
Sh.
Manik Sharma (AR), Sh. Bharat Vigmal (AR) and Sh. Abhijeet Singh (AR) are
present on behalf of the promoter are present on behalf of the promoter.
The
AR of the promoter requested the Authority for the exemption of some
deficiencies as the OC has been obtained vide memo no. ZP-545/SD(BS)/2018/23018
dated 02.08.2018. The Authority directed the promoter to submit the detailed
reply in this regard.
The
AR of the promoter request one week time to submit the documents as desired by
the Authority.
On
the request of the AR of the promoter the matter is adjourned and now to come
up on 26.06.2023. |
ADJOURNMENT |
View Order |
05-Jun-2023 |
Coram is not complete. The matter is placed
before the authority and as per the directions of authority the matter is
adjourned to 07.06.2023. |
ADJOURNMENT |
View Order |
03-Apr-2023 |
Sh.
Ashish Kush, Planning Executive and Ms. Asha, Chartered Accountant briefed
about the facts of the case.
Sh.
Vineet Maheshwari (AS) and Sh. Bharat Vigmal (AR) are present on behalf of the
promoter.
The
deficiencies have already been conveyed to the promoter. The AR of the promoter
stated that they are in process of obtaining the final BIP from DTCP and
requested the Authority for the adjournment of two months. The Authority
allowed the same. The matter to come up on 05.06.2023. |
ADJOURNMENT |
View Order |
13-Mar-2023 |
Sh.
Ashish Kush, Planning Executive and Ms. Asha, Chartered Accountant briefed
about the facts of the case.
Ms.
Pragya Sharan (AR) is present on behalf of the promoter.
The
representative of the applicant seeks a short adjournment of three weeks.
The
matter to come up on 03.04.2023. |
ADJOURNMENT |
View Order |
13-Feb-2023 |
Sh.
Ashish Kush, Planning Executive and Ms. Asha, Chartered Accountant briefed
about the facts of the case.
Sh.
Vineet Maheshwari (AR) is present on behalf of the promoter.
The AR submits that COD permission has been received from DTCP and a copy
is being filed in the registry of the Authority along with other deficit
documents and seeks three weeks time for doing the needful. The request is
allowed.
The matter to come up on 13.03.2023. |
ADJOURNMENT |
View Order |
30-Jan-2023 |
The matter is adjourned to 13.02.2023. |
ADJOURNMENT |
View Order |
16-Jan-2023 |
The matter is adjourned to 30.01.2023. |
ADJOURNMENT |
View Order |
09-Jan-2023 |
The matter is adjourned to 16.01.2023. |
ADJOURNMENT |
View Order |
26-Dec-2022 |
The AR of the promoter is directed to remove the deficiencies and the matter is adjourned to 09.01.2023. |
OBJECTION |
View Order |
21-Nov-2022 |
Proceedings
dated: 21.11.2022.
Sh.
Ashish Kush, Planning Executive briefed about the facts of the case.
Sh.
Manik Sharma (AR) and Sh. Abhijeet Singh (AR) are present on behalf of the
promoter. The applied area of 3.26706 acres is a part of larger licensed area
admeasuring 27.471 acres and granted in favour of M/s Haamid Real Estates
Pvt. Ltd. & others wherein the applicant is neither a licensee nor a
collaborator and hence the matter of grant of COD/BIP is under consideration
of DTCP and the above application can be considered after its receipt. The AR
states that the OC of the portion of area with the applicant was applied even
before publication of the rules and stand obtained and hence requests for
exemption of the late fee being charged. However, the Authority has already
taken a view that the project is ongoing since no OC was obtained before
above publication of above rules and hence the applicant was required to
apply and seek the RC within three months of publication of above rules.
Since the same was not adhered to and hence the applicant is advised to
deposit the above deficit fee and other documents. AR seeks 4 weeks time for
its submission as the matter is before DTCP and the permission of COD/BIP is
required to be obtained by the licensee company.
The
matter to come up on 26.12.2022.
(Sanjeev Kumar Arora)
Member, HARERA, Gurugram
(Ashok Sangwan)
Member, HARERA, Gurugram
(Vijay Kumar Goyal)
Member, HARERA, Gurugram
(Dr. K.K. Khandelwal)
Chairman, HARERA, Gurugram
|
ADJOURNMENT |
View Order |
27-Oct-2022 |
The promoter is directed to rectify the deficiencies and submit the deficit fee if any. The matter is adjourned for 21.11.2022. |
ADJOURNMENT |
View Order |
26-Oct-2022 |
The coram is not complete. So the matter is adjourned for 27.10.2022. |
OBJECTION |
View Order |
11-Oct-2022 |
The major deficiencies are Final BIP
Permission,Non- Encumbrance,Fire Scheme approval. Deficit Fee- Rs
10,62,474/-. The authorized representative of the promoter is advised to
deposit the deficient fee as mentioned against each within 7 days otherwise
their matter will not be heard on the next date of hearing i.e.,
26.10.2022. The promoter is further
advised to rectify the deficiencies and submit the deficient document apart
from the filing of information in REP-I A to H format and detailed project
information. The matter to come up on
26.10.2022.
|
ADJOURNMENT |
View Order |
27-Sep-2022 |
Sh. JS Sindhu(EE/M)/Ashish Kush (PE)r Executive briefed about the facts of the project and following major deficiencies have pointed out i.e. (1). Deficit Fee- Rs 10,62,474/- (2). Final BIP approval. (3). Non- encumbrance certificate. (4). Fire scheme approval. ( 5). Builder buyer agreement as per prescribed format. (6). Allotment letter as per prescribed format. The matter is adjourned for 11.10.2022. |
ADJOURNMENT |
View Order |
23-May-2022 |
Proceedings
Dated: 23.05.2022
Ms.
Jyoti Yadav, Coordinator, Planning Branch briefed about the facts of the
project.
No
one appeared on behalf of the promoter.
The promoter has not
submitted the reply of the deficiencies which are conveyed to them nor
submitted the final approval of BIP permission. The matter is sine die till the final approval of BIP
permission is obtained from the competent authority. |
SINE DIE |
--- |
09-May-2022 |
Proceedings
Dated: 09.05.2022
No one is present on behalf of the promoter.
Keeping in view the brief facts of the case,
the promoter is directed to submit all the deficit documents and deficit fees
along with final approval of BIP which is a mandatory requirement for grant of
registration certificate. A notice be issued to the promoter for obtaining
final BIP approval of the part of the project developed by them.
Matter to come up on 23.05.2022. |
OBJECTION |
View Order |
18-Apr-2022 |
Proceedings
Dated: 18.04.2022
None
is present on behalf of the promoter. One last opportunity of 2 weeks’ time is
granted.
The matter to come up on 09.05.2022. |
OBJECTION |
View Order |
15-Mar-2022 |
Sh.
Abhijeet Singh (AR) and Sh. Manik Sharma (AR) are present on behalf of the
promoter. The reply to the deficiencies notice submitted by the applicant
promoter was scrutinized and still major deficiencies were noticed including non-obtaining
of the BIP permission in favour of the applicant promoter and other statutory
approvals requires to be submitted. The AR of the promoter clarifies that the
instant project applied for registration as ongoing project measuring 3.2 acres
only out of 27.47 acres Group Housing Complex licensed in favour of M/s Haamid
Real Estates Pvt. Ltd. in collaboration with DLF Homes Developers Ltd. However,
the remaining developers are not paying the share of their fee and hence final
grant of BIP permission is held up in DTCP. The AR is advised for taking up the
matter with T&CP; Department for early grant of BIP permission and
rectification of all other deficiencies already conveyed before the application
for registration to be further proceeded
The matter to come up on18.04.2022. |
OBJECTION |
View Order |
31-Jan-2022 |
The promoter is directed to
submit the deficit documents along with corrected online DPI and REP-I (Part
A-H). Matter adjourned for 15.03.2022. |
ADJOURNMENT |
View Order |
17-Jan-2022 |
Matter
adjourned for 31.01.2022 |
ADJOURNMENT |
View Order |
27-Dec-2021 |
Matter
adjourned for 17.01.2022. |
OBJECTION |
View Order |
13-Dec-2021 |
The promoter is directed to submit the deficit documents
along with online DPI.
The matter to come up on 27.12.2021. |
OBJECTION |
View Order |
09-Nov-2021 |
Ms. Jyoti Yadav, Coordinator, Planning Branch briefed about the facts of the project.Sh. Abhijeet Singh (AR), Sh. Manik Sharma (AR) are present on behalf of the promoter.The promoter is directed to obtain final approval of BIP permission from the competent authority. Nothing could be done in absence of patent material fact. In meanwhile the promoter is advised to rectify the remaining deficiencies which were already conveyed.The matter to come up on 13.12.2021. |
ADJOURNMENT |
View Order |
19-Oct-2021 |
Ms. Jyoti Yadav, Coordinator, Planning Branch briefed about the facts of the project.Sh. Abhijeet Singh (AR), Sh. Manik Sharma (AR) are present on behalf of the promoter.A comprehensive report is yet to come from DTCP regarding promoters and co-promoters. Nothing could be done in absence of patent material fact. The matter decided to come up on 09.11.2021. |
OBJECTION |
View Order |
05-Oct-2021 |
Proceedings Dated: 05.10.2021
Sh. Abhijeet Singh (AR), Sh. Vineet Maheshwari (AR)
and Sh. Manik Sharma (AR) are present on behalf of the promoter.
As
on today, the promoter has not submitted the reply of 1st deficiency
notice.
A
comprehensive report is yet to be come from DTCP, promoters and co-promoters.
Nothing can be
done
in absence of patent material fact.
The matter to come up on 19.10.2021. |
OBJECTION |
View Order |
21-Sep-2021 |
Proceedings Dated: 21.09.2021
Ms. Jyoti Yadav, Coordinator, Planning Branch briefed
about the facts of the project.
Sh. Abhijeet Singh (AR), Sh. Vineet Maheshwari (AR)
and Sh. Manik Sharma (AR) are present on behalf of the promoter.
The promoter has submitted an application on
14.09.2021 requesting the authority for the adjournment of hearing because the
concerned staff who is well conversant with the project is bed ridden with
illness. Therefore, the authority considers the request of the promoter to
grant week time for removal of deficiencies and defer the hearing schedule for
21.09.2021. the matter to come up on 05.10.2021 |
EXAMINATION BY AUTHORITY |
View Order |