Rajasthan Real Estate Regulatory Authority Drops Proceedings Against Ocean Green House Developers Pvt. Ltd.

In a recent case before the Rajasthan Real Estate Regulatory Authority (RERA), Ocean Green House Developers Pvt. Ltd. faced allegations of failing to complete a real estate project within the stipulated timeframe. However, after careful examination of the evidence and submissions from both parties, the Authority has dropped the proceedings against the developer. This article provides an in-depth analysis of the case, highlighting key details, arguments presented, and the final decision reached by the Authority.

Case Details:

• Case Number: F. 3(923)RJ/RERA/P/2018
• Respondent: Ocean Green House Developers Pvt. Ltd.
• Date of Order: 17th January 2023

Background:

Ocean Green House Developers Pvt. Ltd. had registered a real estate project with the Rajasthan RERA under the registration number RAJ/P/2018/832. During the registration process, the respondent promoter had declared an estimated completion date of 14th January 2020. However, as the estimated completion date had passed and the respondent had neither informed the Authority about the project's completion nor applied for an extension, a notice was issued by the Authority.

Allegations and Notice:

The notice issued by the Rajasthan RERA was based on the powers conferred upon the Authority under sections 8, 35, 37, 38, and 61 of the Real Estate (Regulation and Development) Act, 2016 (referred to as 'the Act'). The notice required the respondent promoter to show cause as to why a penalty of up to five percent of the estimated project cost should not be imposed under section 61 read with section 11 of the Act for the failure to complete the project within the registration's validity period or why they should not be removed from the project.

Respondent's Submissions:

Represented by their authorized representative, Mamta Arora, Ocean Green House Developers Pvt. Ltd. acknowledged that the estimated completion date for the project was indeed 14th January 2020. They further submitted that the project had been completed, and a completion certificate had been obtained from the empaneled architect on 5th January 2020. To substantiate their claim, the respondent submitted a copy of the completion certificate to the Authority and also uploaded the document on the Authority's web portal.

Authority's Decision:

After carefully considering the arguments presented by the respondent promoter and examining the submitted documents, including the completion certificate, the Rajasthan RERA reached a decision. The Authority concluded that the project had, in fact, been completed within the validity period, as indicated by the obtained completion certificate from the Chartered Engineer. Furthermore, the Authority verified the certificate's authenticity through its web portal. Consequently, the proceedings were dropped, and the notice issued by the Authority was discharged.

Conclusion:

In the case between the Rajasthan Real Estate Regulatory Authority and Ocean Green House Developers Pvt. Ltd., the allegations against the developer regarding the delayed completion of a real estate project have been dismissed. The Authority, after thorough examination of the evidence, including the completion certificate, determined that the project had been completed within the stipulated time frame. This decision highlights the importance of providing accurate and timely information to regulatory authorities, as well as the significance of proper documentation and adherence to legal requirements 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 File No. F. 3(923)RJ/RERA/P/2018 before the Rajasthan Real Estate Regulatory Authority

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