U.P. RERA in its 59th meeting held on 19th March, 2021 held under the
chairmanship of Hon’ble Chairman Shri Rajive Kumar, and attended by Sh.
Balvinder Kumar Member, Sh. Bhanu Pratap Singh Member, Smt. Kalpana Mishra Member, Sh. Rajesh Kumar Tyagi Secretary, Sh. Anand Shukla Legal Advisor and other senior officers and consultants of the Authority took the following important decisions:
1.Imposing of penalty under Sec-63 of the RERA for the
non-compliance of the orders of the Authority
The Authority has decided to impose penalties under Sec-63 of RERA upon the following promoters for non-compliance of the orders of the Authority:
The Authority has directed these promoters to ensure compliance of its orders and deposit the amount of penalty within a month, failing which the amount of penalty shall be recovered as arrears of land revenue.
2.Revocation of registration of Ansal API Pocket 4 Sec O Sushant Golf
City project of Ansal API
U.P. RERA had issued a show-cause notice to the promoter u/s 7 of RERA for revocation of registration of its project Ansal API Pocket 4 Sec O Sushant Golf City UPRERAPRJ7090 on 1st May 2019 on the grounds of violation of the terms and conditions of the registration, the provisions of the RERA Act and U.P. RERA Rules and terms and conditions of the agreement with the homebuyers. The Authority, after considering the reply of the promoter dated 31st May 2019 had passed an interim order on 09th July, 2019 keeping the final decision on the show-cause notice on hold for a period of 4 months subject to the compliance of all the 9 conditions specified in the above mentioned order.
The promoter did not comply with the order and hence the Authority vide its notice dated 05th September, 2020, directed the promoter to submit the compliance report of its order. The Authority after considering the reply of the promoter Ansal API dated 14th October, 2020 and its oral submissions, decided to revoke the registration of this project with immediate effect for the reasons of following glaring irregularities:
● Irregularities committed in the sale of units under the project
● The money was collected from the allottees without first obtaining a
sanctioned map of the project which is proof of a fraudulent trading
● No work has been done by the promoter over the previous 9 years, that
is since the year 2011.
● The promoter has diverted an amount of Rs. 16.03 crore collected from
the allottees of the project.
● Necessary compliances including the QPR of the project were not done
on the website of the Authority.
● The promoter has not complied with the orders passed by the benches
of the Authority on the complaints of the allottees.
Further to this order, the Authority has barred the promoter from accessing the registration page of the project on the website of the Authority has frozen the escrow account of the project in HDFC Bank, Hazratganj and has constituted a Project Monitoring and Advisory Committee under Sh. Bhanu Pratap Singh Member U.P. RERA for facilitating the remaining work of the project as per section 8 of RERA. The Authority has taken this step for effective protection of the interests of the homebuyers and ensure compliance of the provisions of RERA Act. This is the 3rd project of Ansal API whose registration has been revoked by the Authority.
3. U.P. RERA decides to give choice of physical hearing to the parties
The Authority has been hearing the complaints through virtual mode under
the e-courts system keeping in view the need of containment of Covid-19
pandemic in line with the directions of the Government of India and the State Government with respect to the protection of health of the general public. The Authority has henceforth decided to provide the opportunity of physical hearing to the concerned parties on their request w.e.f. 1st May, 2021 subject to strict compliance of Covid-19 protocol as applicable. The parties shall not be permitted to change the option of physical hearing after having opted for the same.