13-Feb-2023 |
Ms. Deepika, Planning
Executive and Mrs. Asha, Chartered Accountant briefed about the facts of the
project.
Sh. R.S. Seshadri (AR), Sh.
Tommy Thomas (AR) and Sh. Hemant Gupta (AR) are present on behalf of the
promoter.
The applicant promoter has
submitted a representation dated 09.02.2023 along with a copy of the letter
issued by interim RERA bearing Memo No. HRERA/RD/2017/35/1049, dated 15.09.2017
wherein it has been clarified to the NAREDCO Haryana that promoter may register
his licensed (unlaunched) projects any time in future before he intends to
advertise, market, book, sell or offer for sale, or invite persons to purchase
in any manner any plot, apartment or building as the case may, in any real
estate project or part of it, in the planning area. The copy of the above
clarification is uploaded and available on official website of T&CP;
Department, Haryana.
Further section 4(1) of the
Act of 2016 requires every promoter to make an application to the authority for
registration of the real estate project in such form, manner within such time
and accompanied by such fee as may be prescribed. But no time limit for making
such application has been prescribed under the rules. The promoter has already
submitted an undertaking that after obtaining license in 2017, no sale,
advertisement or booking whatsoever has been made by the promoter till date and
the project has also been completed by obtaining CC from DTCP vide letter dated
21.10.2022 The Authority during the previous proceedings has taken a view to
seek opinion of AG, Haryana regarding applicability of late fees/penalty if any
for non-registration of project after obtaining license on 15.09.2017 which
otherwise does not fall in the category of ongoing project as in case of
ongoing project wherein no sales or booking have been made, the AG Haryana has
already opined that in such ongoing projects no late fee or penalty is
leviable. Therefore, a reconfirmation in case of above project wherein license
has been obtained after commencement of the Act and Rules and no sale or
booking has been made be also sought from AG Haryana and in case it is advised
that the same shall be applicable the promoter shall be liable to deposit the
same.
In view of the above the
Authority decided to grant registration to the project subject to submission of
an affidavit from the promoter to the effect that in case any future liability
arises on account of late fee, the same shall be deposited on demand without
demur. |
APPROVED AND READY FOR CERTIFICATE ISSUING PROCESS |
View Order |
02-Feb-2023 |
Ms. Deepika, Planning
Executive and Mrs. Asha, Chartered Accountant briefed about the facts of the
project.
Sh. Tommy Thomas
(GM-Corporate affairs), Sh. Hemant Gupta (GM- Finance) and Sh. Raj Kumar Sharma
are present on behalf of the promoter.
The license for the project
was received on 23.10.2017 and the promoter proceeded to develop the project
and finally obtained CC on 21.10.2022. As per provision of section 4 (1) of the
Act of 2016, the following has been provided
“Every promoter shall make an application
to the Authority for registration of the real estate project in such form,
manner, within such time and accompanied by such fee as may be prescribed”
In view of the above a
decision is to be taken regarding violation of section 4(1) by the promoter not
registering the project as prescribed. To come to a definite conclusion in the
matter, it is decided to seek the opinion of Advocate General, Haryana. A
detailed reference may be made in this regard to the AG, Haryana.
The matter is adjourned and
27.02.2023.On request of promoter, the Matter is preponed to 13.02.2023 for hearing. |
ADJOURNMENT |
View Order |