GUJRERA:
GUJRERA Authority fined one builder for advertising the project without having
RERA registration.
Erstwhile, there was no regulator for the Real
Estate Sector but after the implementation of RERA Act, 2016 there is now the
existence of RERA authorities which will keep a tab on every activity of the
builders and will penalize them if they do not comply with the provisions
mentioned therein.
Further,
under Section 3(1) of the RERA Act,2016, no Promoters or
Project can advertise the project or sale the project until the project gets
registered with RERA Authority. Department has implemented the law very strictly
and now Builders or Promoters must follow the law and meet all compliances
without any excuse.
Lately,
in Gujarat, Promoters of Jaldeep Kasa advertised a project on 24/03/2018 in one
of the leading newspaper for sale of their project and in this regard a suo-moto
complaint filed against the builder and asked why not to penalize for violation
of the provisions of law in force?
In
the fact finding of the case during the proceedings, it was found that the
builder submitted the application for registration of project and they only had
the acknowledgement no. of the application. No Registration certificate was
approved by the Gujarat RERA department and they didn’t have any RERA
registration no when they gave an advertisement in the newspaper.
Looking
into the facts that their intention was not malicious and they had the clear
intent to register the project and after having the application applied they started
advertising the project. Gujarat RERA Authority after analyzing all the facts
disposed off the matter by penalizing the promoters with the fine of Rs.20000/-
for not having RERA registration no.on the date of event where advertisement
took place.
At
last, we can conclude that the application for project registration under RERA
shall be made for any of the project which builder wants to sale, advertise and
book for any apartment, plot or building as the case may be. Having said that,
merely the filing of an application before the RERA Authority will not suffice
the purpose until the promoter do not have RERA registration certificate.
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