The Haryana Real Estate Regulatory Authority, Gurugram is getting tough with the erring builders and in continuum of taking action against the defaulting builders today the larger bench presided over by Dr. K.K Khandelwal, Hon’ble Chairman, HARERA (Gurugram), in the presence of Samir Kumar and Subhash Chand Kush, Members, HARERA(Gurugram) imposed a penalty of Rs. 30.48 crores on M/s Orris Infrastructure Pvt. Ltd., for not getting their commercial project registered.
Ongoing projects where completion certificate has not been issued are required to be registered with the Authority within three months from the date of commencement of the RERA Act. The Real Estate (Regulation and Development) Act, 2016 came into force on 1st of May, 2017 in its entirety and promoters of incomplete projects were required to register their projects before 31st of July, 2017. M/s Orris Infrastructure Pvt Ltd is developing a commercial project in Sector 82 A Gurugram on an area admeasuring 9.5 acres. The licence for development of the project was issued to the promoter as back as in the year 2008 and in spite of lapse of 11 years nothing has been done on site so far.
The commercial units/plots were sold by the promoter to a large number of buyers and on site nothing tangible happened. The buyers were feeling cheated and defrauded by the promoter. The promoter is forcibly trying to transfer them to some other project. When the matter came to the notice of the Authority, the Authority took suo -motu action against the promoter and when the record was examined it was found that builders is in complete defiance of the law and did not register the ongoing project in prescribed time, not even after the lapse of two and half year after that.
Action is being taken against the erring builders and in the same series this builder who is a habitual non-compliant of the provisions of the RERA Act, has been scalped with an exemplary penalty. The bench presided over by Dr. K.K Khandelwal, Hon’ble Chairman, HARERA (Gurugram), took a stern view that maximum penalty needs to be imposed on the builder. The estimated project cost is around 300.48 crores and the Authority decided to impose maximum penalty of 10% of the cost of the project i.e. 30.48 crores. This strict action of the Authority will send right signals to the erring builders and will go a long way in reposing the faith of the allottees in the real estate sector and to assuage their hurt feelings, frustration, disappointment on account of abnormal delay on part of the builder in completing the project. Such exemplary penalties will also act as deterrent for the other builders who remain non-compliant, towards the Act of 2016 and the directions passed by the Authority as per the provisions of the Act. The RERA, Act was enacted for regulation and promotion of the real estate sector and to ensure sale of plot, apartment or building or sale of real estate project, in an efficient and transparent manner and to protect the interest of the consumers in the real estate sector.