The real estate sector in Jaipur, Rajasthan is governed by the Rajasthan Real Estate Regulatory Authority (RERA), which ensures the regulation and development of real estate projects. In a recent case before the RERA, Kishor Kumar Choudhary filed a complaint against RICCO Developers Pvt. Ltd., alleging non-compliance with the RERA order dated 22.06.2022. Understanding the details of this case is essential for individuals involved in real estate transactions or those interested in consumer protection.
Background of the Case
The RERA order dated 22.06.2022 set certain directives for RICCO Developers Pvt. Ltd. in response to Kishor Kumar Choudhary's complaint. The complainant sought the refund of Rs. 2,97,250/- along with interest, as well as the compliance of the order. Compliance with RERA orders is crucial, and non-compliance can lead to severe consequences for the responsible party.
Non-compliance by the Respondent
Unfortunately, RICCO Developers Pvt. Ltd. has failed to comply with the RERA order for a significant period since its issuance. The respondent's non-compliance has caused further delays and has a direct impact on the complainant's rights and interests. The deliberate disregard for the RERA order by the respondent is highly condemnable, showcasing a lack of respect for the authority's decisions.
Proceedings under Section 40 of the Real Estate Act
Section 40 of the Real Estate (Regulation and Development) Act, 2016 empowers the RERA to initiate proceedings against non-compliant parties. In this case, the Authority has decided to invoke section 40 against RICCO Developers Pvt. Ltd. due to their non-compliance with the RERA order. Non-compliance with section 40 proceedings can lead to severe consequences for the party at fault.
Order for Attachment and Auction
To recover the ordered amount to be paid to Kishor Kumar Choudhary, the Authority has directed the attachment of the unsold portion of RICCO Developers Pvt. Ltd.'s project. Additionally, the respondent's bank account will be attached. The purpose of attaching these assets is to facilitate the auction of flats/properties, ensuring the complainant receives the ordered amount. After full compliance with the order, the remaining attached units can be released for the respondent's use.
Conditions for Termination of Attachment and Auction
The attachment and auction process can be terminated if RICCO Developers Pvt. Ltd. provides proof of full payment to Kishor Kumar Choudhary before the conclusion of the attachment/auction process. It is crucial for the respondent to comply with the order and avoid the attachment and auction process altogether.
Conclusion and Final Disposition
In conclusion, the Rajasthan Real Estate Regulatory Authority has taken decisive action against RICCO Developers Pvt. Ltd. for their non-compliance with the RERA order. This case highlights the significance of consumer protection and upholding the authority's decisions. It serves as a reminder of the importance of complying with RERA regulations to maintain trust and transparency in the real estate sector.
Note: The information provided in this article about Rajasthan Real Estate Regulatory Authority (RRERA) is for informational purposes only. It is not intended as legal or professional advice and readers should consult qualified professionals for advice specific to their circumstances. The information provided in this article is based on the Complaint No. RAJ-RERA-C-2021-4089 before the Rajasthan Real Estate Regulatory Authority
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