In the case of The Rajasthan Real Estate Regulatory Authority, Jaipur, versus Auric Infratech Pvt Ltd., a significant development has taken place. This article aims to provide an in-depth analysis of the case, shedding light on the facts, arguments, and the final decision reached by the Authority. The case is identified by file number F.3(1999)RJ/RERA/C/2022.
Background and Allegations:
The Rajasthan Real Estate Regulatory Authority issued a show cause notice to Auric Infratech Pvt Ltd., the respondent in this case. The notice cited various sections of the Real Estate (Regulation and Development) Act, 2016, and the Rajasthan Real Estate (Regulation and Development) Rules, 2017. The allegations revolved around the respondent's failure to submit Quarterly Progress Reports (QPRs) on the RERA web portal, as required by law.
Legal Provisions and Penalties:
The notice referred to section 11(1) of the Act, which mandated the uploading of QPRs on the RERA web portal to provide updated project details for public access. It also mentioned rule 16(1)(D) of the Rajasthan Real Estate (Regulation and Development) Rules, 2017, which emphasized the same requirement. The Authority's order No. F.1(167)RJ/RERA/QPR/2020/12 and subsequent clarifications/amendments were also cited, directing the respondent to submit pending QPRs within specified deadlines.
Show Cause Notice and Response:
The show cause notice demanded an explanation from the respondent, Auric Infratech Pvt Ltd., on three grounds. Firstly, why a penalty of up to 5 percent of the estimated cost of the project should not be imposed under section 61 of the Act for the violation of section 11(1) and rule 16(1)(D). Secondly, why a per-day penalty should not be levied under section 63 of the Act for non-compliance with the Authority's earlier order. Finally, why the registration of the project should not be revoked under section 7(1)(a) of the Act due to the alleged default in submitting QPRs as required by the Act and Rules.
Advocate Shruti Rai, representing Auric Infratech Pvt Ltd., responded to the show cause notice. She confirmed that the pending QPR had been filed and highlighted that the project was completed in September 2021. The necessary documents were also uploaded on the web portal of the Authority. Based on these grounds, she requested the discharge of the notice and termination of the proceedings.
Decision and Discharge of Notice:
After carefully considering the arguments and examining the case records, including the online records of the Authority, the member of the Authority, Shri Shailendra Agarwal, reached a decision. It was verified that the respondent had indeed filed the pending QPR and provided the completion certificate for the project on the web portal of the Authority. Consequently, due to the respondent's compliance, the show cause notice was discharged, and the proceedings were dropped.
The case between The Rajasthan Real Estate Regulatory Authority and Auric Infratech Pvt Ltd. revolved around the respondent's failure to submit Quarterly Progress Reports (QPRs) on the RERA web portal as required by law. After careful examination and consideration of the respondent's arguments, the Authority discharged the show cause notice and dropped the proceedings. This case serves as a reminder for real estate promoters to adhere to the regulatory requirements and fulfill their obligations promptly.
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(1999)RJ/RERA/C/2022 before the Rajasthan Real Estate Regulatory Authority
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