M3m Escala RERA details

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.

The matter is adjourned and to come up on 03.06.2024

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.

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.

The coram is not complete. The matter is adjourned and to come up on 28.08.2023.

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.

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.

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.

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.

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.

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.

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.

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.

The matter is adjourned to 13.02.2023.

The matter is adjourned to 30.01.2023.

The matter is adjourned to 16.01.2023.

The AR of the promoter is directed to remove the deficiencies and the matter is adjourned to 09.01.2023.

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

The promoter is directed to rectify the deficiencies and submit the deficit fee if any. The matter is adjourned for 21.11.2022.

The coram is not complete. So the matter is adjourned for 27.10.2022.

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.

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.

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.

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.

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.

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.

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.

Matter adjourned for 31.01.2022

Matter adjourned for 17.01.2022.

The promoter is directed to submit the deficit documents along with online DPI. The matter to come up on 27.12.2021.

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.

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.

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.

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