हिंदी
HARERA Gurugram serves notices against the Real Estate Promoters and Real Estate Agents for violating the provisions of the RERA Act
Chandigarh, January 30: An odd trend has been observed that promoters are advertising/marketing/selling the units in their real estate projects, online as well as offline without getting the projects registered with the Authority under Section 3 of the Real Estate (Regulation and Development) Act, 2016 which states that No promoter shall advertise, market, book, sell or offer for sale, or invite persons to purchase in any manner any plot, apartment or building, as the case maybe, in any real estate project or part of it, in any planning area, without registering the real estate project with the Real Estate Regulatory Authority.
The Real Estate Act makes it mandatory for all commercial and residential real estate projects where the land is over 500 square metres, or eight apartments, to register with the Real Estate Regulatory (RERA) for launching a project, in order to provide greater transparency in project-marketing and execution. It has been observed that promoters such as ‘M/s Adani M2K Projects LLP’ and various others despite falling within this category and having similar specifications of their property are not getting their projects registered but oppositely are involved in illegal derelictions.
Dr. K.K. Khandelwal, Chairman, Haryana Real Estate Regulatory Authority (HRERA), Gurugram has expressed his displeasure and dissatisfaction on observing such malicious and unprofessional conduct of the promoters and is of the view that such promoters must be meticulously punished.
Furthermore, it has been observed that not only the promoters but Real Estate Agents are also getting involved in such unscrupulous activities. They not only try to sell the unregistered projects but also do not get themselves registered with the Authority. The Act itself mandates that no real estate agent can participate in advertisement/market/sale of any project without getting himself or his association registered with the Real Estate Authority under sections 9 and 10 of the Real Estate (Regulation and Development) Act, 2016 which states that 9 (1) No real estate agent shall facilitate the sale or purchase of or act on behalf of any person to facilitate the sale or purchase of any plot, apartment or building, as the case may be, in a real estate project or part of it, being the part of the real estate project registered under section 3, being sold by the promoter in any planning area, without obtaining registration under this section. 9(2) Every real estate agent shall make an application to the Authority for registration in such form, manner, within such time and accompanied by such fee and documents as may be prescribed.
Real Estate Agents are an important part of the Real Estate sector being the third stakeholder of the industry, who acts as a link between the promoter and the buyers/consumers. He is the one who represents the promoter and reach out to the general public in order to ease the sale of apartment or plot as the case may be and exhibits the faith and trust to the buyers so that they can invest their hard earned money with the hope of owning a dream home. Likewise it is pertinent for the agent to be the true and legitimate representative of the promoter legally registered with the Authority and who, later, can be held responsible if any inappropriate information is given to the buyers related to the project.
It has come to the notice of the Authority that the promoter M/s Adani M2K Projects LLP has neither applied for registration nor submitted the requisite documents containing details of the property being built by him. This clearly invites criminal proceedings against him for non-compliance of the directions regarding registration of the project under Section 59(2) of the RERA Act.
The Authority served a show cause notice upon the promoter and directed to produce records pertaining to the property they have sold as required under Section 3 and also under Section 59(1) of the RERA Act which empowers the Authority as under If any promoter contravenes the provisions of section 3, he shall be liable to a penalty which may extend up to ten percent of the estimated cost of the real estate project as determined by the Authority.
Consequently, the Authority bench headed by Dr. K.K. Khandelwal, Chairman and Samir Kumar, Member took a serious view and issued notice to the concerned promoter and ‘Naveen Associates’ (Real Estate Agent) for violation of section 3 and sections 9 & 10 respectively, of the Real Estate (Regulation and Development) Act, 2016. The Authority also directed to initiate penal proceedings against them wherein the penalty of violations may go upto Rs. 12 crores against the promoter and Rs. 2.7 crores against the real estate Agent.
