BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY, MUMBAI Physical Hearing held by Corum: Shri Ajoy Mehta, Hon'ble Chairperson, MahaRERA & Shri Mahesh Pathak, Hon'ble Member-1, MahaRERA & Shri Ravindra Deshpande, Hon'ble Member-2, MahaRERA SUO-MOTU CASE NO. 296OF 2023 SHUBHARAMBH PARADISE PROJECTNAME SHUBHARAMBH REALITY ... PROMOTER MAHARERA PROJECT REGISTRATTON NO. P52000028587 ORDER May 2,2024 (Date of airtual hearing -26.03.2024 mntter resented for order) Coram: Shri Ajoy Mehta, Hon'ble Chairperson, MahaRERA & Shri Mahesh Pathak, Hon'ble Member-1, MahaRERA & Shri Ravindra Deshpande, Hon'ble Member-2, MahaRERA Representative Rajesh Patil present for the Promoter -t SHUBHARAMBH REALITY is the existing Promoter/Developer w'ithin the meaning of Section 2(zk) of the Real Estate (Regulation and Development) Act, 2016 ("said Act") of Real Estate Regulatory Authority ('RERA") and had registered the project "SHUBHARAMBH PARADISE" under section 5 of the said Act bearing MAHARERA Registration No. P52000028587 (hereinafter referred to as the "said Project"). 2 On 17.01.2023 the Authority received intimation from Maharashtra State Road Development Corporation LTD. (MSRDC) to revoke the Commencement certificate (CC) dated 05.05.2021 bearing No. MSRDC/SPA/BP-249 / Amended CC/ 202L/ 513 for the reasons stated more specifically therein. On receipt of the intimation date d17 .01.2023 a show cause notice dated 27 .01,.20223 was issued by Secretary, MahaRERA to the Promoter. odMf,, N^rr--* IPage of 7 \"(g .) Subsequent to which the Promoter was heard on several occasion namely 28.03.2023, 02.08.2023, 12.09.2023, 19.12.2023, 26.03.2024 wherein the following Roznama recorded are reproduced hereunder for reference: Mr. Rnz,i Periwsl (Pnrtner) nlong witlt Mr. Rajesh Patil "TlE Pafiv is prcsent ond states tlut based on a commancement certiJicate (CC) that utas issuetl to him he hatl gone ahead ancl constructed t building. He los ttlso takett s registration number from MnhaRERA. Tlrc promotet lws nou nea y conpleted tlrc building and luls ttlso conchLded I sale dccds. Tlrc Promoter states thtt on approaching L4SRDC, the Plaruting Authorifu k uas told thnt there are certait rletintions fron tlrc sanctioned pltn Lutd ltence occupation certifcate (OC) unnot be giz,en. Tltc promoter olso brings to the notice of tlrc Autl@rity the lurassment he hns fnced t'ron the local aLLthoities. Tlrc Autlrcr[ty takes a ttcrq serious t'icw oJ atclt conduct. The Promoter stntes tlut lrc is in tlrc proc.ess of complying uith the anoualies pointerl out br1 tlrc Planning Authorifu and is confdent to cotnply uitlt tlt sntt h the ext tlu'ee 1 28.03.2023 montlr. The prornoter seeks thot lis registrntion number should rtot be rersoked os tlwt uould couse irrepnrable dtmage to him financiallv ttnd nlso to lris reputatiotr' Tlrc agreenrctt for sale luts slsa beerL executed nnd the qllottees are also ltkely to.face hardships in tlrc e'oent of rroocation of the project registration. Tlrc Prornoter assures the AutlLority tlrat ti srLch time fu obtnins the clenrances from the Planning Autltority lrc uill trot nuke any furtlw sales. Tlie Authority herebq directs tlrc Promoter not to adrertise, market, book, sell or olfl fot sale, or inaite persons to purclnse till the ftnal otdets are passed in tlte coptioned cnse. Furtlrcr the Autlority directs tlrc VC €'/ MD of MSRDC, tlrc Plnnning Autlntitv to personnlly look into this matter afid resolpe the issue 0t the earlicst. Tlte Registry MahsRERA to serue tfu copv of this rcznn n upott the VC & MD of MSRDC' the Planning Authority. Tlrc ca tioned ctse is lrcud and resented orders." "Dtre to tffiapailnbitity of the Bench, the captioned natter is adjoutned to 12 09.2023 for ? 02.08.2023 P sicrl Hearin at MahsRERAi: BKC O cc at 3:3 tn Adi ounrcd on Applicltion 3 ^t2.09.2023 "Pursuant toyorLr applicntion d ed 05.09.2023 seeking ndjountment ttn medical gtotLtr ds, the ca tioned SLto Motu Cuse No.296 o 2023 is ad ournad ot Iicatnr, to 19.12.2023." Atli ourned on App Licutiotr 4. "t9."t2.2023 "Pursrratt to your applicntion dnted 05.12.2023 seekittg ntljountment on merlical groutt ds, the tioned Suo Motu Crce No. 296 of 2023 Ls stl unted ot n licntiott to 26,03.2021." "Rcpresentatipe Rsjesh Patil present for tlrc Promoter. 1. Promoter int'omts the AutlllritV tlult lrc IMS nou) rccei'ed tlrc Coffimenceuent CertiJicate for the Progct. He now seeks that his Proiect number be teacti-tated ond tlLe nbeyance order passed by the Autlority be witltdrsu':r. 5 26.03.2024 2. The Promoter is directed to subnlit tlle CC receioed and nLL other docuwents to Secretarv, MnlraREI-A. Thc Seuetary, MahaRERA slrull etamifle tlrc satne ntd report to the Atrtlnrity withitr 7 davs 0f tllis order. 3. Matter is reseroed r orders." 4 Subsequent to hearing dated 28.03.2023 the matter was reserved for order wherein the following interim order dated 31,.03.2023 (hereinafter referred to as q tS)^tt-;"ru Page 2 of 7 \- 2\), the said "interim order") is passed by the Authority. The operative part of which is reproduced hereinunder for reference: " g. Thus, in oiew of the subxtissions made by the Promoter and the undertakittg gizten by him during the lrcaring, the Authority slnll Inld itself from passing nny orderc on reoocation of the said Project under Sectiott 7 of the said Act. Tlrc Promoter slmll lnweoer within 720 days of this order submit the necessnry documents clea y stating that tlrc CC is reaizted ond the deuiatiotrs in the construction works are regularised br1 MSRDC, the snid Project registratiotl shal.l be put in abeyance. h. The Secretary MahaRERA, is directed to Put the said Project registration in abeyance till firrther orders from the Authority. Furtlrcr, the Promoter is direcled to submit documents of the regularisation of construction works and reztiztal of the CC by MSRDC. The said Project registration shall be put in abeyance. i. Lastly, the Promoter till further orders shall be bnrred / restrnined fortlruith from afuiertising, marketing, booking, selling or offeing for sale, or inaiting persons to purcluse in any manner any apartment or building, as the case may be, in the said Project or Pnrt of it. j.ln oiew of the abooe directions tlrc case is adjourned to 02.08.2023 nt 03.30 pm nt MahaRERA BKC office for physicnl hearing wlrcrein the P romoter is directed to remain present for final hearing in tlu captioned case." 5 Pursuant to the Roznama dated 26.03.2024 the Authority directed the Secretary, MahaRERA to enquire in the matter and subrnit a rePort. Subsequently Report dated 22.04.2024 was submitted before the Authority- Following is the conclusion of Report dated 22.04.2024 reproduced hereunder: "ln accordonce with the Roznama dated 26.03.2024, the Promoter through its written submission dsted 26.03.2024, submitted tlrc reztised cotnnlencetrcnt certiJicate bearing No. MSRDC/SPA/BP-249/CC2024/157 dated 25.01.2024 along witlt teoised plans. Further, upon checking with tlrc Teclmical Depnrtment, lvIahaRERA, Ilrc said reaised comrnencernent certificate was receioed by the department oia an email from MSRDC Ofice dated 13.03.2024 in accordance with our new procedure. lf, the Authority approoes the Jbllowing: The abeyance order passed by the Authority it the said project no. P52000028587 can be withdrawn". 6. Following are the brief facts and observations in the captioned case Notice from MSRDC to revoke the CC dated 05.05.2021 bearing L 17.01..2023 No. MSRDC/SP A / BP -249 / Amended CC / 2021 / s13 \S".f,f-*ru Page 3 of 7 es*' \(\ "rP Show cause notice dated 27 .01,.20223 rssued by Secretary, 2 27.0-1.20223 MahaRERA to the Promoter. 3 28.03.2023 Heard the Promoter and matter was reserved for orders Vide Interim order the Project registration was put in abeyance and 4 31.03.2023 the matter was adjoumed to 02.08.2023 Matter was adjourned lo "12.09.2023 due to unavailability of the 5 02.08.2023 Bench. 6 "12.09.2023 Promoter sought adiournment on medical grounds 7 1.9."12.2023 Promoter sou tad ournment on medical ounds Heard the Promoter and the matter was transferred to Secretary, 8 26.03.2024 MahaRERA to examine the revised approvals and file a report and matter was reserved for order. 9 22.04.2024 Secretary Report taken on record- 7 That captioned case is taken up by MahaRERA against the Promoter Pursuant to the intimation of MSRDC to revoke the Commencement certificate (CC) dated 05.05.2021 bearing No. MSRDC/SPA/BP-249/ Amended CC/2021/573 for reasons stated more particularly therein. However, it is clear from the submission of the Promoter and from the email received from the MSRDC Office dated 13.03.2024, Report dated 22.04.2024 that the Promoter has now submitted the revised corunencement certificate bearing No. MSRDC/SPA/BP- 249/ CC/2024/ 157 dated 25.01..2024 along with revised plans and the same are taken on record. 8 It is observed that, now the Promoter has obtained amended CC and plans. Thus the Authority will restrain itself from passing any orders for the revocation of the said Project regishation. 9 Thus, the only issue now remains that zLltetltr the abeyance order roitlt respect to tlrc Project registration can be withdrawn subsequent to tfu reztisecl plans and CC? 10. In the present case the said Project was kept in abeyance vide the said interim order till CC is revived and the deviations in the construction works are regularised by MSRDC. The Promoter in{orms us that he has complied with the said interim order and has Bot the construction regularized by obtaining revised a{l { v1 ^il^-Y' PaEe 4 of 7 s(\")' commencement certificate bearing No. MSRDC/SP A / BP -249 / CC / 2024 / 157 dated 25.01.2024 along with revised plans and the same are taken on record. 11. In this regard, Section 11(1) & 11(2) of the said Act needs to be examined. These sections deal with the creation of the webpage of the project, the purpose of the same and the content therein. Section 11(1) & (11(2) are re-produced hereinbelow for ready reference: Section 11(1) A 01Q): "(1) The promoter shall, upon receizting his Login ld and password under clause (a) of sub-sectiotr (7) or under sub-section (2) of section 5, ns the case may be, cteate lis web page on the zoebsite of the Authority and enter all details of the proposed project as prooided under sub-section (2) of section 4, fu all the felds as prottided, for public oiewing, including - (a) details of the registration granted by the Authoity; (b) quarterly up-to-date tlrc list of number and types of aparhnents ot plots, as the case may be, booked; (c) quarterly up-to-date tlrc list of number of garages booked; (d) quartert.y up-to-date the list of approaals taken and tle approzsals which are pending subsequent to cotntnencernent certificate; (e) quarterly up-to-date status of the project; and (l) such other infonnation and doculnents as may be specified by tlw regul.ations made by the Autlnrity. (2) TIrc adoertiseme t or prospectus issued or published by the promoter slull mention prominently tlrc website address of tlrc Authority, wherein nll detail.s of the registered project haoe been entered and include the registration nwnber obtained frotn the Authority and such other malters incidental thereto." L2. On perusal of the above it is very clear that the whole Purpose of providing a webpage and ensuring its updation is to ensure that the allottees receive up to date information on the progress of the project. The website also provides relevant and important inJormation to the ailottee to make informed decisions regarding the project. The act of fueezing the access to the webpage of MahaRERA for the said Project would essentially mean that the Promoter would not be able to update the progress on the same hence creating a situation wherein the allottees would not be able to understand the said Project progress. rSa.ti-.lr. y* Page 5 of 7 W. ..D- 13. The Authority has prevented access to the webpage of MahaRERA for the said Project vide the said interim order of abeyance. In this regard Section 7(3) which provides for the Authority to take certain actions instead of revoking the registration becomes relevant. The Section 7(3) is reproduced hereinbelow for ready reference: Section 7(3): "The Authority may, itstenrl of reookirrg tlrc registration under sub-section (1), pennit it to retnain in force subject to such further tenns and conditions as it thirtks fit to impose in tle interest of tlrc allottees, ard any such tenns and cortditiotts so imposed slmll be binding upon tlrc promoter." L4. The action of denying access to the webpage of MahaRERA for the said Project has been done to safeguard the allottees. In the present case, the Promoter inJorms that he has complied with the said interim order and has got the construction regularized by obtaining approval of the revised CC along with plans. In view of the above the moratorium that was imposed has now been lifted and the Promoter intends to commence the work of the said Project. The commencement of the work would mean that the said Project would move towards completion and allottees who were earlier not able to get possession would be able to get possession of their premises (flats). 15 In order to enable the said Proiect to proceed towards completion it would be important that the Promoter would also be required in view of the progress of the said Project to bring all relevant information in public domain so as to enable the allottees to be informed about the progress of the said Project as envisaged under section 1. & 2 of the said Act. 16. In order to meet the twin objective of firstly completing the said Project and secondly informing the allottees about the Progress of the said Project, it would be critical to enable access to the webpage of MahaRERA for the said Project N,0) Page 5 of 7 u(.** Without this, in spite of the resolution plan the said Project would not be able to progress and see completion. 17. The Authority therefore considers it expedient to allow access to the webpage of MahaRERA for the said Project. The Secretary, MahaRERA to take necessary steps to allow access to the webpage of MahaRERA for the said Project. t "^'lt, QP): P.,-"'lt.tU- (Ravindra Deshpande) ^tL;!^ ahesh Pathak) (,q9o9 tvtetrta) Member-Il, MahaRERA Member-I, MahaRERA Chairperson, MahaRERA Page 7 of 7