BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY, MUMBAI Physical Hearing Held at MahaRERA @03.30 prn(Clrurchgate) 1 275 P5^t700032396 ADITYA INFRA SHIV DATTA KRUPA DELUXE HOME BUILDERS & DELUXE HOME 2 276 P5'170003't957 DEVELOPERS BUILDING NO,2 SPARSHIKA BUILDERS AND AJINKYA NARKAR 3 277 P5770003-t266 DEVELOPERS SHREE GURUKRUPA 4 278 P5^t700032567 SHIV SAI RESIDENCY CONSTRUCTION DHANASHREE BUILDERS AND SUSHEELA TOWER 3 279 P51700031613 DEVELOPERS M/S SHREE BUILDERS AND SHREE BUILDERS AND 6 280 P51700026331 DEVELOPERS DEVELOPERS MS RUDRA INFRA THR PORP RUDRA iNFRA 7 281 P51700028182 AMOL B KADUSKAR OM LILAI BUILDERS AND OM LILAI BUILDER AND 8 282 P51700028232 DEVELOPERS DEVLOPERS DURGA CONSTRUCTION 9 283 P5't700028729 DURGA CONSTRUCTION BUILDERS AND DEVELOPERS GAONDEVI 10 284 P51700030187 GAONDEVI ENTERPRISES ENTERPRISES 11 285 P51700030731 SAISH INFRA SAISH ENCLAVE I 12 286 P5t700029942 AADITY INFRA SHIV DRUSHTI 13 287 P5-t700027633 SHREE KRISHNA INFRA SHREE KRISHNA INFRA MATOSHREE 1,1 288 P51700027817 MATOSHREE DEVELOPERS DEVELOPERS I SHIV ARADHANA 15 289 P57700033229 ADITYA BUILDCON COMPLEX Order November 21,,2022 Coram: Shri. Ajoy Mehta, Chairpersory MahaRERA Shri Mahesh Pathak, Member, MahaRERA APPEARANCES None appeared for the Parties 7 The above-mentioned Promoters have registered their respective Proiects named above under section 5 of the Real Estate (Reguiation and Development) Act,201,6 ^ -^)} Page 1 of 7 \^(\' 1 ^9 alt'-"'t/^ ("said Act / RERA") bearing the respective MahaRERA Proiect Registration numbers also mentioned hereinabove. 2 These are suo-motu cases taken up by MahaRERA against all the Promoters mentioned above pursuant to the allegation of submitting a false / fake colrunencement certificate (CC) as mentioned in the below table with regard the respective MahaRERA Project Registration numbers mentioned therewith: 1, 275 P5"t700032396 KDMC/ NRV/ BP / DB / 2020 / 2-t / 21 09.03.2021, 2 276 P5-170003^1957 KDMC/TPD /BP /DOM/2021 /22/38 22.^t0.2021 3 277 P51700031266 KDMC/NRV/BP /2021. /230/ 23e 20.01.2021 ^10.72.2021, I 278 P5^t700032567 KDMC/NRV/ 27 /CAv /DOMBI/2020 /27 /-t4 :) 279 P51700031643 KDMC/ NRV/BP /DOMVI/ 23-t/ 7^l 08.05.20^17 6 280 P5 t700026331 KDMC/NRV/210l2019 16.1"1.2019 7 281 P51700028182 KDMC/ NRV/ CC / 4"t5 / 2o2o 27.02.2020 8 282 P5^t700028232 KDMC/NRV/CC /357 /2020 27 .02.2020 9 283 P51700028 t29 KDMC/ NRV/ BP / DO][./BI / 0028 / 2020 20.08.2020 10 284 P51700030187 KDMC/ NRV/ BP / GRAM / 2020-2-t / 67 24.02.2021 11 285 P51700030731 KDMC/ NRV/ BP / DOMBI / 20\8-^te / 252 22.05.20^19 12 286 P51700029942 KDMC/NRV/BP / Kv I DOMBT/ 201e-20 / e8 26.09.2019 13 287 P51700027633 KDMC/ NRV/ BP / DOl|'[Br / 2o1e / 20 / 48 03.03.2020 -t5 ^t6.03.2020 14 288 P5"t700027817 KDMC/NRV/BP /KV /DOMBI /20]e-20 / 15 289 P5"1700033229 KDMC / TPD / BP / DOM / 202-t -22 / 215 30.07.2021 3 On 21.LL.2022 aphysical hearing was held in all the captioned cases whereby the following common roznama was passed by this Authority: The Authoity on being conuened at 3.30pm on 21.11 .2022 had the names of all the Parties ,, in the Suo Motu cases from Sr. Nos, 1 to 15 called out. None of the Parties zoere present no,r zLtere they represente'd. The Authoity uaited for 1.5 minutes. Hou,ezter still nobody appeared. The Authori$ perused the notices sent and it is seen that notices for the folloruing Project numbers, Promoter €t Project Name haae been sented on the Pnrty either by post or ort email. EMAIL AND BY POST P51700032396 ADITYA INFRA SHIV DATTA KRUPA DELIVERED \\ \ Page 2 of 7 ilf-- DELUXE HOME EMAII, AND BY POST DELUXE HOME P51700031957 BUILDERS ti BUILDINC NO.2 DELIVERED DEYEI.OPERS SPARSHIKA EMAIL AND B| POST Ps1700031266 BU,ILDERS AND A/rN()7 NARK4R DELIVLRED I]EYELOPERS SHREE P51700032567 CURU(RUPA SHlY 5AI RESIDENC)' BACK UNCLAIM / F,MAIL DEI IVERLD CONSIRUCIION DHANASHREF BACK UNCLAIM/ P5 1 700031 643 tsUILDER.S AND SUSHEELA IOl,\,fIi ENLAIL DELIVLRED DIYELOPERS D,YS SHREE .SHREE BUlLDER5 BACKUNCI.AIM/ P51700026331 BUJI-DE1TS AND EMAIL DELIVERED AND DEYfLOPERS DEYEIOPERS M5 RUDR/ iNFRA THR PORP RU]IRA JNF&4 BACK UNCLAIM / P51 7000281 82 EMAIL DEIIVERLD AMOL B K,4D US(AR OM LILAI tsACK UNCLAIM / OM LILAI BUILDER P51700028232 BUILDERS AND EMAII DLLIVFREL) AND L]fVELOPERS DEYIOPERS I] URCA DUR6A CONSIITUCIlON BACK UNCLAIM / P s1700028129 EMAIL DELIVERED CONSIRUCT/ON EUILDER.S AND ]IEYELOP'RS CAONDEYI CAONDIVI BACK UNCI ATM/ P51 700030187 ENTERPRISES ENTERPRISES EMAII DELIVFRLD EA4AIL,AND B'I' POSI P517000307i1 SAISH INFR/ SAISH ENCI-A VE DFLIVERET) EMAIL AND B1' POS ]- P 51 700029912 AADi I}'/NFRA SHIYDRUSHII DELIVERED ADITYA SHlV AR,4DHANA .MAIL AND B'I' POSI P51700033229 DELIYERED B U/I DCON COMPLEX The Authoi$ also notices that in the follouing Project numbers, Promoter and Project name, tlrc noiices hate been returned, unseraed with rensons 'unclaimed' nnd the emails lnoe also bounced r tJrcm. SHREE KRISHN,4 SHREE KRISHNA BACKUNCLAIM / P51700027633 INFRA EMAIL BOUNCE INTRA MATOSHRFE M/IOSHREE BACK UNCLAIM/ Ps1700027 81 7 EMAIL BOUNCE DTYELOPERS DEYETOPER5 Since the Suo Motu cases ate of public importance and protection of the home buyers and promotion 'zoould of the real estate seitor is an importnnt duty cast upon this Authority henct it be nicessary for this Authoity to rcserue the mnttet for necessary orders' It is imperatiae that an early decision is taken on the matters so as to protect the larger interest of the aaious stakeholders. Tlu Authority notes toith concern tlut tlrc Promoters inspite ofheaing notices being sen ed zoell in adoaice of the hearing date haoe chosen not only to remain absent and unrepresented but haae also not taken any steps to inform the Authoifu about the rensons for the same. The captioned cases are all reseroed for ordtrs." i rr"!I-- U14 ll *9 AW=d) Page 3 of 7 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 compieted 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 plan, layout plan and specifications of the proposed project, etc. b. Hence, a1l the Promoters 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 under the said Act' C Further, vide letters dated 17.08.2022/17.10.2022, the Assistant Director, Town Planning office of Kalyan Dombivali Municipal Corporation (KDMC) in-formed MahaRERA that the above-mentioned CCs submitted while seeking MahaRERA Project registration of the above-mentioned Proiects 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 Thane crime branch against the Promoters of the above-mentioned Projects. 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: $ Page 4 of 7 " 7. (7) T.tu Authoity may, on receipt of a complaint or suo motu in this behalf or on the recommendation of tlu competent authority, rcooke the registrntion granted undtr section 5, after being satisfied that - (a) the promoter makes default in doing anything required by or under this Act or the rules or the regulations made thereundtr) @) the promoter oiolates any of the terms or contlitions of the approt'nl gitten by the competent authoity; (c) the promoter is inuoloed in any kind of unfair practice or irregulaities. Etplanation. -For the purposes of this clause, the term " unfair practice means" tl practice u,hich, for the purpose of promoting the sale or dettelopment of any real estate project adopts any unt'air method or unfair or deceptiae practice including any of the [ollorcing praclices, namely: - (A) ttu practice of making any statement, ruhether in ruriting or by rtisible representation ruhich, - (i) falsely represents thnt the sentices are of a particular standard or grade; (ii) represents thnt the promoter has approaal or ffiliation ruhich such promoter daes not hatte; (iii) makes a false or misleading representation concerning the serttices; (B) the promoter permits tlu publication of any adoertisement ot prospectus whether in any nezospnper or otherzttise of seroices that are not intended to be ffired; (1) the promoter indulges in any fraudulent practices." . e. From the plain reading of section 7 it is clear that this Authority has powers r/ s7 ol the said Act with regard the revocation of registration of MahaRERA Projects for the Promoter indulging in any kind of unJair practices' In the present case of not obtaining the CCs from the Competent Authority and misrepresenting to this Authority as well as the allottees / home buyers and collecting money through misrepresentation and taking the bookings in the above-mentioned MahaRERA registered Proiects can be said to be unJair or deceptive practice. f. Hence, in terms of the above letter addressed to MahaRERA bir KDMC with regard the issuance of the above CCs, there is no ambiguity in the fact that the above mentioned CCs are not valid and legal and have been obtained by means that are suspect. Thus, this Authority thinks it a fit case to revoke / cancel the above mentioned MahaRERA Project registrations for all the above listed Projects inorder to s#eguard the interest of the prospective Allotees and the existing Allottees from investing / engaging any further in these Projects. ^ *)v Page 5 of 7 $'-* g. Further, all the Promoters shall be barred / restrained forthwith from advertising, marketing, booking, selling or offering for sale, or inviting persons to purchase in any manner any apartment or building, as the case may be, in these Projects or part of it, in any planning area, of these Proiects h. Further the Secretary, MahaRERA shall ensure that all the designated bank accounts of each of the above listed MahaRERA Proiects are informed to the Banks and the same are frozen so as restrain any further misuse of funds collected under the above-mentioned Projects so as to protect the interest of Allottees / home buyers of these Projects i. This Authority would also urge upon the Secretary (Urban Development) Government of Maharashtra to immediately put in place a system wherein all milestone approvals relevant to buyers / purchasers of real estate projects; such as Commencement Certificate (CC), Occupation Certificate (OC) are put upon a dedicated portal by the respective Planning Authority so that the veracity of the Certificates can be verified by both the buyers / purchasers of real estate projects and MahaRERA. This shall be an important consumer protection measure. FINAL ORDER A Thus, in view of the above observations and the provisions of the said Act, this Authority revokes / cancels the following MahaRERA Project Registrations: .l P5't700032396 SHIV DATTA KRUPA 2 P51700031957 DELUXE HOME BUILDING NO.2 3 P5170003t266 AJINKYA NARKAR 1 P51700032567 SHIV SAI RESIDENCY 5 P51700031643 SUSHEELA TOWER 6 P5-170002633^l SHREE BUILDERS AND DEVELOPERS 7 P5^1700028182 RUDRA INFRA 8 P5^t700028232 OM LILAI BUILDER AND DEVELOPERS DURGA CONSTRUCTION BUILDERS AND 9 P5t7000281,29 DEVELOPERS 10 P51700030187 GAONDEVI ENTERPRISES Page 5 of 7 11 P5.1700030731 SAISH ENCLAVE 12 P5170002942 SHIV DRUSHTI 13 P5^t700027633 SHREE KRISHNA INFRA 1,1 P5 t700027817 MATOSHREE DEVELOPERS 15 P5^t700033229 SHIV ARADHANA COMPLEX B Further, ali departments such as Secretary (Urban Development) Government of Maharashka and ail local Planning Authorities to ensure that all statutory certificates are uploaded immediately upon issuing the same on their respective website / webpage and any changes / additions / alterations / modifications must also be immediately uploaded upon issuing of the same from time to time. C Further the Secretary, MahaRERA sha1l ensure that all the designated bank accounts of each of the above listed MahaRERA Projects are informed too and are frozen til1 further orders. D Further, ali the above-mentioned Promoters are reskained not to advertise, market, book, se1l or offer for sale, or invite persons to purchase in any manner apartment or building, as the case may be, in these above listed Projects or part of it. 3 rJtal* fl u-li- (Mahesh Pathak) 1affi"r,trt Member, MahaRERA Chairperson, MahaRERA Page 7 of 7