BOX
Didn’t provide facilities as per plans
Gupta Property Developers Private Limited, Baddi, Solan district, has been fined for failing to meet its obligations of providing facilities, as required under the sanctioned plans, to allottees in New Town Baddi.
Tribune News Service
Shimla, November 3
The state Real Estate Regulatory Authority (RERA) has imposed a penalty of Rs 25 lakh on a property developer for failing to provide promised facilities.
The fine has been imposed on Gupta Property Developers Private Limited, Baddi, Solan district, for failing to meet their obligations in providing basic facilities to allottees in the New Town Baddi as required under the sanctioned plans. The penalty has been imposed under Sections 61, 69 read with Section 38 of the Real Estate (Regulation and Development) Act, 2016, on the respondent promoter for failing to meet his obligations.
If he fails to provide these facilities in the next three months to the satisfaction of a competent officer under the TCP Act, then the penalty will be increased to Rs 50 lakh.
Taking a decision on complaints, the RERA ordered a refund of Rs 9,08,980 to Sandeep Kumar and Rs 11,28,000 to Adit Kansal along with interest. The promoter was directed to obtain all NOCs to ensure that all allottees are in a position to get individual domestic electricity connection within the next three months.
Sandeep Kumar had booked two residential flats by making full and final payment of Rs 9,08,980 to the developer for both flats and Adit Kansal had booked a shop in the project by making full and final payment of Rs 11.28 lakh. Both allottees had filed a complaint before the RERA for the refund of money paid by them.
The regulatory authority felt that in addition to the specific points raised by both complainants, there were other issues of common areas and civic facilities which were needed to be looked into. “The authority carried out the site inspection and observed that the respondent promoter had collected money from poor home buyers but failed to provide some common facilities, as required under the sanctioned plans,” said an official spokesperson.
The developer has collected huge money from the low income group allottees, but has not completed the common facilities and the services provided are of very poor quality, he said. Even the lifts provided in the residential buildings are not fully functional. The green areas have not been developed, as per the sanctioned plan.
The respondent promoter has been directed to ensure all such facilities like green areas, provision of main gate at suitable location, cleanliness and hygiene of the entire complex, internal and external painting of all blocks and common areas in the complex.
The promoter has also been directed to make operational all lifts in all blocks, complete the club house with all facilities, improve the sewage treatment plant and construct a rain water harvesting tank. Directions have also been issued to ensure registration of conveyance deeds in favour of all such allottees who have paid full amount, within five months from issue of this order, besides barring him from selling or allotting any flats or shops in this project, till the compliance of this order.
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