BEFORE T}IE MA}IARASFIIRA REAL ESTATE REGULATORY AUTHORITY MUMBAI SUO MO l U CASII NO . 70 ol 2020 Secretary, Maharashha Real Estate Regulatorv Authority Complainant Sh.lee Mahaveer EnterPdses Respondent BMKD and Associates (Chartered Accountant) ARC Designers (Proiect Architect) (Mangesh M. A8ivale) Project Ilofessionals MahaREIlA registration do: P51700015031 Corum: Stui. Gautam Chatterjee, ChairPerson, ManaRLRA None appeared for ResPondent. Irroicct plofessionals did not aPPear Order (Ex-Patte) February 10, 2020 1 Ihis is a SueMotu matter taken uP by N{ahaltERA against the ResPonden/s Pro,ect 'Padmaprabha Co. Op. Hsg. Sociey which is registcred with MaIERERA Regishation No' r,s1700015031. 2. On rcview of the ResPondent's Proiect registration, it is observed that the Proje't of rcgistration of the said proiect has laPsed on AP I30 2018 and thereafter' no extension the date has been either sought or granted under the Provisions of the RPal Estate 1/3 (Regulation and Development) Act, 2016 and the rules and regulations made thercunder' Further, the details available on the Proiect registration webpage show that the proiect is not yet completed. Motmver, the ResPondent has not uPloaded the Annual Audit RePort of Statutory C.A. - Form 5 for F.Y. 17-18 and F.Y. 18-19 till date as required undor the provisiorls of section a(2)0) and section ll(1) of the Real Estate (Regulation and I)evelopment) Act, 2015 read with Regulation 4 of the MahaRERA Gen€ral Regulations, 2077. Since, there have been no oiline complaints filed with MahaRERA in this proiect, a5 yet' this matter was taken up as a Suo Motu ComPlaint and the Respondent and Projctt Itofessionals, assocrad *"ith the ProjccL were calletl for the hearing No one aPpeared fo! the Respondent and Proiect Profussionals, associated with the Project in spite of service of nohce- .l At this stage when the Proiect registation Period has lapsed, the onty way forwaid would of allottees be to protect the right of the allottees and enable them to form an Association the who can take an inlormed decision regarding carrying out the balance work to comPlete project. In vicw of the above facts, ihe Respondent M/s Shree Mahaveer EnterPrises is hereby $'ith their contact details' dirccted to handover the tist of allottees of the said Project, along to all thc allottees of the said ProiecL along $'ith a copy of this order' to enable thc allottees toformanassociationora]lotteesandthereaftertakoanhlormeddecision!,ertainingtothe Section 7/8 of Thereafter, the association of allottees may Uke to pro(eed under said project. the Act as per the NlahaRERA Order no. 8/2019 datcd l{arch 29' 2019 MahaRERA had imposed a Penalty of Rs- 2,0Q000/- on the promoter' Shree Mahaveer 'PadmaPtabha Co' Enterprises, for detrayed aPPlication for registration of their new Project Op. Hsg. Society'. The Promoter had applied for regishation on January 17' 2011i' Subsequently, the promotor has not only failed to pay the Penalty amount' in sPite of not been able to comPlcte continuous follow uP by MahaRERA Secretariat, they have also the said penalty thc project in the stiPulated time which was APril 30, 2018 Therefole' 213 q 4- to be PrePared by amount, due to MahaRERA, shall form a part of the financial blue print' the project under the Association of Allotk'es for carrying out ihe balance work to comPlete section 8 of the ReaI Estate (Regutation altd DeveloPment) Act, 2016' against the u$old The Respondent is hereby restained from creating ally third Party rights of CA in apartuEnts in the Proiect. He is also dtected to upload the Annual Audit RePort Form 5 for FY 17-18 and FY 1&19 within 30 days ftom the date of this Order' IJ, Consequently. the matter is hereby disPosed of l^e- Chatterjee) Chatuperson, MahaRERA 3/3