The Uttar Pradesh Real Estate Regulatory Authority (UP-RERA) has imposed penalties under Sec-63 of RERA upon Supertech, Mahagun India, Ansal Properties and Infrastructure, Logix Infrastructure, among others for the non-compliance of the orders of the authority.
Penalties worth a total of Rs 1.24 crore have been levied. Other builders’ name include Nivas Promoters, Sare Saamag Realty, Newtech Promoters and Developers, T.G.B. Realty, I.V.R. Prime Developers, La Residentia Developers and Logix City Developers.
The authority has directed these promoters to ensure compliance of its orders and deposit the amount of penalty within a month, failing which the amount of penalty shall be recovered as arrears of land revenue.
UP-RERA also revoked registration of Ansal API, Pocket 4, Sector-O, Sushant Golf City project of Ansal API. The authority had issued a show-cause notice to the promoter revocation of registration of its project in May 2019 on the grounds of violation of the terms and conditions of the registration.
The authority, after considering the reply of the promoter had kept the final decision on the show-cause notice on hold for a period of four months subject to the compliance of all the nine conditions specified in the above mentioned order. The promoter did not comply with the order and hence the authority vide its notice dated September 5, 2020, directed the promoter to submit the compliance report of its order.
The authority after considering the reply of the promoter Ansal API dated October 14, 2020 and its oral submissions, decided to revoke the registration of this project with immediate effect for the reasons of following glaring irregularities:
- Irregularities committed in the sale of units under the project
- The money was collected from the allottees without first obtaining a sanctioned map of the project which is proof of a fraudulent trading practice.
- No work has been done by the promoter over the previous 9 years, that is since the year 2011.
- The promoter has diverted an amount of Rs. 16.03 crore collected from the allottees of the project.
- Necessary compliances including the QPR of the project were not done on the website of the Authority.
- The promoter has not complied with the orders passed by the benches of the Authority on the complaints of the allottees.
The authority has also barred the promoter from accessing the registration page of the project on the website of the Authority has frozen the escrow account of the project in HDFC Bank, Hazratganj and has constituted a project monitoring and advisory committee under Bhanu Pratap Singh, member, UP-RERA for facilitating the remaining work of the project as per section 8 of RERA.
UP-RERA has taken this step for effective protection of the interests of the homebuyers and ensure compliance of the provisions of RERA Act. This is the 3rd project of Ansal API whose registration has been revoked by the authority.
Physical hearing option
UP-RERA has also decided to give choice of physical hearing to the parties from May 1, 2021 subject to strict compliance of Covid-19 protocol as applicable. The parties shall not be permitted to change the option of physical hearing after having opted for the same.
The authority has been hearing the complaints through virtual mode under the e-courts system keeping in view the need of containment of Covid-19.
