Gurugram, April 16
The Real Estate Regulatory Authority (RERA) court of Gurugram has imposed a penalty of Rs 6.25 lakh on a real estate promoter, Vatika Limited, for violating the builder buyer agreement (BBA) provisions laid under Section 13 of the Real Estate (Regulation and Development) Act of 2016. The RERA court order passed by SK Arora has come as a major relief for five complainants.
The order stated, “The authority establishes the violation of Section 13 of the Real Estate (Regulation and Development) Act of 2016 on part of Vatika Limited and hereby imposes a penalty of Rs 1,00,000 in each complaint under Section 61.”
It further directed the promoter to execute the registered buyer’s agreement as per the model agreement provided in the Real Estate Regulation and Development Rules-2017 within 30 days from the order, failing which the authority shall be bound to invoke penal action under Section 63.
Section 13 states that a promoter shall not accept a sum of more than 10 per cent of the total cost of an apartment, plot or a building as an advance payment or an application fee from a person without first entering into a written agreement for sale with such person and register the said agreement for sale. “Whereas, in the instant matter, the respondent (Vatika Limited) has taken 100 per cent of the consideration without executing the BBA,” order said.
The court also imposed a penalty of Rs 25,000 in each complainant to be paid within 30 days from the date of this order for non-compliance with the RERA's directions vide its order dated February 23, 2024.
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