| 05-May-2025 |
Proceedings dated: 05.05.2025.
Mr. Shashank Sharma, Associate Engineer Executive
and Mrs. Asha, Chartered Accountant briefed about the facts of the case.
Sh. Siddharth Sapra (AR) and Sh. Deepak
Arora (AR) are present on behalf of promoter and states that deficit fee
amouting to Rs 73,49,680/- has been submitted in the Authority on 02.05.2025.
Further, NEC, LTSR along with other relevant documents are being submitted
today in the Authority. The AR requests for the waiver of late fees as the
project has been transferred to M/s Ametek India Pvt. Ltd. from M/s Revital
Realty Pvt. Ltd. by DTCP, Haryana only on 12.09.2024 and hence levy of late
fees prior to above transfer may not be charged from the new applicant promoter.
The affordable group housing project namely
“The Valley” being developed by M/s Revital Realty Pvt. Ltd. located at
Sector–78, Gurugram had been registered with the Authority vide RC no 20 of
2018 dated 23.10.2018 valid up to 30.04.2023 (Including 6 months Covid
extension). A complaint regarding the delay in construction of the project had
been received in the Authority on 09.04.2024 and accordingly Authority had
taken the Suo-motu cognizance against the promoter. During the course of
Suo-motu hearings, it has come to the notice of the Authority that the Joint
development rights/Marketing rights permission of the said project has been
transferred to M/s Ametek India Pvt. Ltd. by DTCP vide memo no
LC-3012-III-JE(RK)/2024/28728 dated 12.09.2024.
Accordingly, in complaince of the
provisions of Section 15(1) of the Act of 2016 the public notice with regard to
the change of developer was published in three newspapers dated 14.01.2025
against which no objections were received in the Authority. However, in view of
the interest of existing allottees in the project, the promoter i.e., M/s
Ametek India Pvt. Ltd. (Joint Development Right/Marketing Right holder) was
directed to apply for continuation of registration u/s 7(3) of the Act, 2016 to
keep the registration remain in force, so that the said project may be
completed. In compliance of the same, the promoter has applied for continuation
of registration u/s 7(3) on 26.03.2025.
The promoter states that they had taken the
project from M/s Revital Realty Pvt. Ltd. as per the order of DTCP dated
12.09.2024 and the late fee for applying continuation of registration of the
said project is the liability of earlier developer i.e., M/s Revital Realty
Pvt. Ltd. Further, promoter states that the cash flow of the entire project
will be impacted if they have to pay the late fees now being an Affordable
Group Housing Project sold through public draw at a price fixed by State
Government.
The Authority has noted the following:-
1)
The
said project is an Affordable Group Housing Project.
2)
The
project has got the license from DTCP in 2018 and the same has been registered
with the Authority vide RC no 20 of 2018 dated 23.10.2018 valid up to
30.04.2023.
3)
The
project has been lapsed and there was no significant construction done at the
site by the promoter namely M/s Revital Realty Pvt. Ltd. which is now under NCLT.
Near about 10% of work has been done in the entire project.4)
Further,
Joint development rights/Marketing rights permission of the said project has
been transferred to M/s Ametek India Pvt. Ltd. by DTCP to develop the project
vide order dated 12.09.2024.5)
Rate
for allocating the flats in the project has been fixed by the DTCP under
Affordable Housing Policy and is through public draw.6)
The
lapsed project has been revived by the new developer i.e., M/s Ametek India
Pvt. Ltd. so that the project may be completed and all existing allottees can
get their units which otherwise are lying incomplete.7) The
new developer further undertakes to deliver the units to the existing allottees
of the project at the rate of allotment only.Keeping in view of the above and the
interest of allottees of the project, the delay for completion of the said
project is not counted on the part of new developer i.e., M/s Ametek India Pvt.
Ltd. as per the Joint development rights/Marketing rights permission by DTCP to
complete the lapsed project. The Authority further decides that promoter shall
submit the remaining late fees amounting to Rs 1,35,16,144/- in 4 equated
instalments i.e., Rs 33,79,036/- as per table given below within a period of 2
years failing which the continuation of registration certificate is liable to
be revoked in addition to other penal action as per the provisons of the Act of
2016. The promoter will submit an affidavit through its directors regarding
submission of late fee as above. Further, change of name of project from “The
Valley” to “The First Acre” is hereby allowed.Further,
requisite BG/DD of Rs. 25 lakhs shall be submitted as a security amount for the
submission of approved fire scheme within four months from the issuance of continuation of registration
certificate. This is without prejudice to the rights of the allottees under
section 14 of the Act, 2016. It is pointed out that the deferement of late fees
is being made as a special case in view of the peculiar circumstances of the
present matter & shall not be taken as a precedent.
S.No.
Amount
to be paid by promoter
Due
date of payment
1
Rs.
33,79,036/-
07.11.2025
2
Rs.
33,79,036/-
07.05.2026
3
Rs.
33,79,036/-
07.11.2026
4
Rs.
33,79,036/-
07.05.2027
Approved as above. The RC shall be issued
subject to the submission of above remaining documents and requisite
BG/DD. |
CONTINUING APPROVED |
View Order |
| 21-Apr-2025 |
Proceedings dated: 21.04.2025.
Mr. Shashank Sharma, Associate Engineer Executive and Mrs.
Asha, Chartered Accountant briefed about the facts of the case.
Sh. Siddharth Sapra (AR), Sh. Amit Sharma (AR) and Sh.
Deepak Arora (AR) are present on behalf of promoter and states that they intend
to change the project name from “The Valley” to “The First Acre” and further
states that reply to the remaining deficiencies will be submitted within next 3
days. The AR requests for the waiver of late fees as the project has been
transferred to M/s Ametek India Pvt. Ltd. from M/s Revital Realty Pvt. Ltd. by
DTCP, Haryana.
Heard. The Authority decided that promoter shall submit
remaining deficiencies along with the deficit fee of Rs 2,08,70,824/-
(including late fees of Rs. 1,35,21,144/-) as the promoter is responsible for
the development of project as per the Joint development rights/Marketing rights
holder permission from DTCP vide memo no LC-3012-III-JE(RK)/2024/28728 dated
12.09.2024. Further, the
promoter shall issue public notice for two weeks in three prominent newspapers
(2 English and 1 Hindi) for inviting objections if any, regarding application
for grant of continuation of the project registration under section 7(3) and
change of name of project from
“The Valley” to “The First Acre”.
Concerned AEE and CA is directed to visit the project site and submit the
construction status of the project.
The matter to come up on 05.05.2025. |
EXAMINATION BY AUTHORITY |
View Order |