BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY, MUMBAI Physical Hearing Held at MahaREI{A @03.30 pm (BI(C) 1 291 P51700024069 RAM RATAN DEVELOPERS RAM RATAN COMPLEX- A WING-RAM 2 293 P5170002751't RAM RATAN DEVELOPERS RAM RATAN COMPLEX- B WING-LAXMAN Order February 22,2029 Coram: Shri. Ajoy Mehta, Chairperson, MahaRERA Shri Mahesh Pathak, Member, MahaRERA APPEARANCE None appeared for the Promoter 1 The above-mentioned Promoter has registered their Projects named above under section 5 of the Real Estate (Regulation and Development) Act, 2076 (,,said Act / RERA") bearing the respective MahaRERA Project Registration numbers also mentioned hereinabove. 2. These are suo-motu cases taken up by MahaRERA against the promoter mentioned above pursuant to the allegation of submitting a false / fake commencement certificate (CC) as mentioned in the below table with regard the respective MahaRERA Project Registration numbers mentioned therewith: 1 291 P51700024069 2012/13/1,4/18e 18.02.2015 2 293 P51700027511 KDMC/ NRV / Bp / DOMBL / 2012/ 13 / 162/ 203 10.06.2015 & 28.11.2019 3' on21'.02.2023 a physical hearing was held in the captioned cases whereby the following corunon roznama was passed by this Authority: e\V Page 1 of 5 \* S^il-r" "!he- Aythority on being conoened at 3.00pm on 21.02.2023 had called. out the names of all the Parties in the Suo Motu cases at Sr. Nos L €i 2 herein. None of the parties rueie present nor lt'ere they represented. The Authority toaited for 15 minites, Hotoeuer still nobody appeared. The Authority also notices that both the notices haoe been returned, unsensed roith reasons 'unclaimed'. Since the Suo Motu cnses are of public importance and -rio, protection of the home buyers and.promotion of the real estate t is an important duty cast upon this Authoity hence it would be necessary for this Authority to reseroe thi matter for necessary orders. It is imperatiae that an early decision is taien on the matters so as to protect the larger interest of the oarious stakeholders The Authority notes ruith concern that Promoters in spite of hearing notices being -the seraed ruell in adaance of the heaing date haae chosen not only to rem"ain absent and unrepresented but haoe also not taken any steps to inform t[rc Authority about the reasons for the same. The captioned cases are all reseraed'for orders.,, 4 The following observations and provisions of the said Act are noteworthy in the present case: a. As per section 4 of. the said Act every Promoter who seeks registration of his real estate project is mandated to make an application to this Authority in such form, manner, within such time and accompanied by such fee as specified by the regulations made therein and also enclose the documents such as a brief details of the enterprise of the Promoter, a brief detail of the projects launched by him (in the past five years, whether already completed or being developed), an authenticated copy of the approvals and commencement certificate from the competent authority obtained in accordance with the laws as may be applicable for the real estate project, the sanctioned plaru layout plan and specifications of the proposed project, etc. b' Hence, the Promoter while seeking their respective Project registrations have to submit with their applications the above-mentioned CC as one of the mandatory requisites for seeking project registration ulder the said Act. c' Further, vide emails dated 09.01..2023 & O2.O2.IO2Z, the Assistant Director, Town Planning office of Kalyan Dombivali Municipal Corporation (KDMC) informed MahaRERA that the above-mentioned CCs submitted while seeking Page 2 of 5 !aua qdu MahaRERA Project registration of the above-mentioned Projects has not been issued by the office of KDMC. Thus, it appears that the above-mentioned CCs have been obtained by means that are suspect. Further, it is also brought to the notice of this Authority that an investigation into this issue is also pending before the Vishnu Nagar Police Station, Dombivali West against the Promoter of the Project registration No. P51700024069. d. In view thereof, it is pertinent to examine section 7 of the said Act that empowers this Authority to revoke / cancel registration granted under section 5 of the said Act: '7. (1) The Authority may, on receipt of a complaint or suo motu in tlis behalf or on the recommendation of the competent authority, reaol