BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORIW MUMBAI SUO M0T0 COMPLAINT NO : 7/2018 secretary, MahaRERA Versus Ms Kabra & Associates MahaRERA Reg. No: P51800000307, P51800000499, P51800002483 Coram: Shrj Gautam Chatterjee, Hon'ble Chairperson Order 08th February 2018 1. Section 3(1) of the Reat Estate (Regutation and Development) Act, 20'16 states that "No promoter shall advertise, market, book, sell or offer for sale, or invite persons to purchase in any manner any ptot, apartment or building, as the case may be, in any real estate project or part of it, in any ptanning area, without registering the real estate project with the ReaL Estate Regutatory Authority estabtished under this Act: 2. Section 11(2) of the Rea[ Estate (Regutation and Devetopment) Act, 2016, states that 'The advertisement or prospectus issued or pubLished by the promoter shatl mention prominently the website address of the Authority, wherein att detaits of the registered project have been entered and inctude the registration number obtained from the Authority and such other matters incidental thereto' 3. Section 14 states that (1) the proposed Project shaLl be devetoped and compteted by the promoter in accordance with the sanctioned ptans, layout plans and specificatjons as approved by the competent authorities, (2) Notwithstanding anything contained in any taw, contract or agreement, after the sanctioned pLans, tayout ptans and specifications and the nature of the fixtures, fittinqs, amenitjes and common areas, of the apartment, ptot or building, as the case may be, as approvd by the competent authority, are djsctosed or furnished to the person who agree to take one or more of the said apartment, ptot or buitdjng, as the case may be, the promoter 5hatt not make- (i) any additions and alterations jn the sanctioned plans, tayout ptans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, ptot or bujtding, as the case may be, which are agreed to be taken, without the previous consent of that person:..... (ji) any other atterations or additions in the sanctioned ptans, tayout ptans and specifications of the buitdings or the common areas within the proiect 1/3 E"-.=--. without the previous written consent of at teast two-thirds of the attottees, other than the promoter, who have agreed to take apartments in such buitding. 4. With a vjew to having uniformity, MahaRERA had through scrotts on its website https://maharera. mahaontine.sov.in and atso by sending emails, informed atl the promoters of registered project, the manner MahaRERA Regn No. and MahaRERA website address shoutd be disptayed in various advertisements or brochures made by registered promoters. 5. ln spite of the same, it has come to the notice of MahaRERA that the aforementioned promoter has pubtished an advertisement in the newspaper Bombay Times dated 2"d February 2018. The mentjoned advertisement has prima facie viotated sectjon 3(1) by advertising a non-reglstered project and s€ction 'l'l (2) of the Act by not mentioning the website address of MahaRERA. ln addition, the advertisement has carried a "Disctaimer" which also prima facie viotates the provision of Section 1412) of the Act. 6. Taking suo moto cognizance of the matter, the promoter was calted upon on 86 February 2018, by a notice, to explain why they shoutd not be penatized for the atleged viotation of the provisions of the Act. 7. On the date of the hearing, the promoter appeard and was represented by their advocate. They accepted that the alteged viotationr of the provisions of the Act are totatty inadvertent and they djd not have any intention to show non-comptiance to/rards the provisions of the Act or rules or regutations made there under. They offered unconditionaL apotogy and requested of not imPosing any penatty for the atteged violatjon. They have further provid€d an undertaking that no such viotation of the Act woutd happen in the future and the promoter wilt strictLy comply with the provisions of the Act, ruLes, regulations and orders/circutars issued there under. 8. Section 59(1) of the Act states: lf any promoter contravenE the provisions of section I' he shatt be tiabte to a penatty which may extend up to ten per cent, of the estimated cost of the real estate project as determined by the Authority. 9. Section 61 of the Act states: lf any promoter contravenes any other provisions of this Act, other than that provided under sectjon 3 or section 4, or the rules or regutations made thereonder, he shatt be tiabte to a penatty which may extend up to five per cent. of the estimated cost of the reat estate project as determined by the Authority. 2/3 (^-d- 10. MahaRERA accepts the contention of the promoter that the aforesaid viotations of the provisions of the Act have happened unintentionally. Therefore, onty a token penatty, under the provisions of section 59(1) penatty of Rs. 10,00,000/-and under section 61 of the Act Rs. 2,00,000/- is imposed and the Promoter js hereby directed to pay a penalty of Rs 12,00,000/- (Rupees twetve takh onty) and further warned to ensure that such violation is not repeated in future. I ,a(__-- m Chatterjee) rperson, MahaRERA 3/3