BEFORE THE }IAHARASHTRA REAL ESTATE REGULATORY AUTHORIfi MUMBAI SUO COMPLAINT NO : 5/2018 ^IOTO Secretary, MahaRERA Versus I'ls Puranik Buitders Pvt. Ltd. MahaRERA Reg. No: P51700001221, P51700001150, P51700002741, P51700003017, p51700000618, P51700000520, p51700000689, p51700000912, p517000002158 p51700001150, P5170trr,02741 Coram: Shri Gautam Chatterjee, Hon'ble Chairperson Order 08th February 2018 1. Section 1'l(2) of the Real Estate (Regutation and Devetopment) Act,2016, states that ,The advertisement or prospectus issued or pubtished by the promoter shatl mention prominentty the website address of the Authorjty, wherein atl details of the registered project have been entered and inctude the registration number obtained from the Authority and such other matters incidentaL thereto' 2. Section 14 states that (1) the proposed project shatt be devetoped and compteted by the promoter in accordance \Mth the sanctioned plans, layout ptans and specifications as approved by the cornpetent authorities. (2) Notwithstanding anything contained in any law, contract or agreement, after the sanctjoned ptans, layout plans and specifications and the nature of the fixtures, fittings, amenities and common areas, of the apartment, ptot or buitding, as the case may be, as approved by the competent authority, are disctosed or furnished to the person who agree to take one or more of the said apartment, ptot or buitding, as the case may be, the promoter shatl not make (i) any additions and atterations in the sanctioned ptans, layout ptans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, pLot or building, as the case may be, t{hich are agreed to be taken, without the previous consent of that person:..... (ii) any other atterations or additions in the sanctioned pLans, layout ptans and specifications of the buitdings or the common areas within the project without the previous written consent of at least two-thirds of the attottees, other than the promoter, who have agreed to take apartments in such buiLding. 3. with a view to having unifo.mity, llahaRERA had through scrotls on its website httDs:,/ /maharera.mahaontine.eov.in and atso by sending emails, informed atl the promoters of 1/2 A"**-- -tl registered project, the manner MahaRERA Regn No. and MahaRERA website address shoutd be dr'sptayed jn various advertisements or brochures made by registered promoters. 4. ln spite of the same, it has come to the notice of MahaRERA that the aforementioned promoter has published an advertisement in the newspaperThe Times of lndia BombayTimes on page number 1 and 2 dated 4th February 2018. The mentioned advertisement has prima facie viotated the section 'l'l (2) of the Act by not mentjoning the website address of MahaRERA, ln addition, the advertisement has carried a "Disctaimer" which also prima facie violates the provision of section 14(2) of the Act. 5. Taking suo moto cognizance of the matter, the promoter was catled upon on 8th February 20'18, by a notice, to exptain why they shoutd not be penatized for the atteged viotation of the provisions of the Act, 6. On the date of the hearing, the promoter appeared and was represented by their advocate. They accepted that the aLteged vjolations of the provisions of the Act are totatty inadvertent and they did not have any intention to show non'compliance towards the provisions of the Act or rules or regulations made there under. They offered unconditional apotogy and requested of not imposing any penalty for the atteged viotation. They have further provided an undertaking that no such viotation of the Act woutd happen in the future and the promoter wilL strictty comply wjth the provisions of the Act, rutes, regulations and orders/circulars issued there under' 7. Section 61 of the Act states: lf any promoter contravenes any other provisioos of this Act, other than that provided under section 3 or section 4, or the rutes or regutations made thereunder, he shatl 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. 8. MahaRERA accepts the contention of the promoter that the aforesaid viotations of the provisions of the Act have happened unintentionatty. Therefore, only a token penatty, under the provisions of section 61 of the Act, is imposed and the Promoter is hereby directed to pay a penatty of Rs 2,00,000/- (Rupees two takh only) and further warned to ensurethat such violation is not repeated in future. /"-6---,r m Chatterjee) Chair n, MahaRERA 2/2