RERA puts 63 developers on final notice for violations

Kuldip Bhatia

Ludhiana, July 15

The Real Estate Regulatory Authority (RERA), Punjab, has tightened the noose on real estate developers who have failed to fall in line and fulfil the provisions made under the Real Estate (Regulation and Development) Act 2016, framed with the objective of safeguarding the interests of the public.

In yet another step towards strict enforcement, the RERA has issued final notices to 63 developers, located in Punjab as well as Gurgaon and Delhi, for failure to comply with the directions made in a public notice with regard to creating their web page on the website of the Authority as laid down under Section 11(1) of the 2016 Act and enter details of their projects registered with the Authority.

Among the defaulting promoters are eight from Ludhiana, 39 from SAS Nagar (Mohali), nine from Chandigarh, 13 from Delhi and Gurgaon, two from Ropar and one each from Bathinda and Patiala.

The notices issued to the defaulting promoters say that a public notice was issued on March 24, 2018, directing all promoters, who had their projects registered with RERA, and had not created a web page on the website of the Authority to do so within 30 days from the issue of said public notice. It was also made clear that non-compliance of the directions shall call for initiation of proceedings for imposition of penalty against defaulting promoters.

The notices further say that proceedings for imposition of penalty under Chapter VIII were launched against the defaulting promoters and show-cause notices were issued to them to explain as to why penalty be not imposed upon them for non-compliance of directions and violations of the provisions of the Act. The penalty clause in Chapter VII of the Act provides that failure to comply with the directions of the Authority would attract a penalty for every day during which such default continues, which may cumulatively extend up to 5 per cent of the estimated cost of the real estate project as determined by the Authority.

“However, notices sent to the last known addresses of the promoters were received back either undelivered or due to refusal. The Authority is, therefore, satisfied that the service of notice to these promoters in ordinary manner is not possible,” say the notices.

The Authority said in the interest of justice, the said defaulting promoters were being given yet another opportunity to appear before the Authority on the given dates to defend themselves, if they so desire, failing which ex-parte proceedings would be resorted to while deciding the matter.