Sankalp Developers' 'Suparshwa Aangan' Project Faces RERA's Watchful Eye

In the bustling city of Jaipur, a real estate project named "Suparshwa Aangan," situated at Ajmer Road, has become the center of a legal dispute. The key players in this case are Aditya Kumar Upadhaya and Vikas Kumar Kashliwal, who have filed complaints against the renowned Sankalp Developers. The crux of the matter lies in the fact that the project was never registered with the Rajasthan Real Estate Regulatory Authority (RERA), leading to grave consequences for the parties involved.

RERA registration plays a pivotal role in ensuring transparency and safeguarding the interests of homebuyers. When a project remains unregistered, it opens the door to potential malpractices and leaves buyers vulnerable to uncertainties. Let's delve into the background of the case and explore the intricate details.

Background of the Case  

The "Suparshwa Aangan" project, a grand undertaking by Sankalp Developers, was set to offer 90 exquisite villas in two phases. Under a construction-linked payment plan, Aditya Kumar Upadhaya and Vikas Kumar Kashliwal eagerly signed up for their dream villas. They made the necessary payments to the respondent, expecting timely completion and adherence to the approved layout plan.

However, the complainants' dreams were shattered when Sankalp Developers offered possession of the villas in 2019 without fulfilling the project as per the approved layout. Moreover, to the dismay of the homebuyers, the project was never registered with RERA, despite being an ongoing development.

About Suparshwa Aangan

Supershwa Aangan by Sankalp Builder Jaipur, located on Ajmer Road in Jaipur, provides apartments for which pricing is available upon request. Located in the western region of Jaipur, Ajmer Road provides excellent road and rail access. There are numerous developers with real estate ventures in this area, including Omaxe Constructions, Ranka Group, Siddha Group, Mahima Group, Auric Infoprojects, and others. It is situated near the Ajmer-Jaipur Motorway, which increases its accessibility from adjacent regions. The area is accessible by municipal buses, and the Jaipur Junction Railway Station is 17.3 kilometres away. The distance to Jaipur International Airport is 21,6 kilometres.

Allegations and Arguments  

Aditya Kumar Upadhaya and Vikas Kumar Kashliwal, the aggrieved complainants, assert that Sankalp Developers concealed crucial information to evade registering phase I of the project with RERA. They believe that the respondent intentionally avoided fulfilling their obligation to protect the interests of homebuyers.

On the other hand, the legal representatives of Sankalp Developers vehemently contest these allegations. They claim to have obtained a completion certificate for phase I from an empanelled architect before the crucial date of 01.05.2017, making the registration unnecessary. However, there arises a discrepancy when comparing the execution dates of sale deeds and the supposed completion certificate.

Previous RERA Orders

The Rajasthan Real Estate Regulatory Authority had previously intervened in the matter. On 13.11.2019, the Double Bench issued a directive to Sankalp Developers, compelling them to register the "Suparshwa Aangan" project within 45 days. Shockingly, the respondent failed to comply, leading to a penalty imposed on 04.11.2020.

This emphasizes the gravity of adhering to RERA orders and the importance of timely compliance with regulations set forth to protect the rights of homebuyers.

Examination and Observations

The Authority thoroughly evaluated the arguments presented by both parties and scrutinized the submitted documents. The claim made by Sankalp Developers of obtaining a valid completion certificate before 01.05.2017 was met with skepticism.

Intriguingly, it was discovered that the empanelled architect responsible for issuing the completion certificate was none other than Shri Vikas Jain, who also happened to be the promoter of the project. This revelation raised concerns about the authenticity of the certificate and cast doubt on the entire claim.

Analysis of Legal Provisions

The Rajasthan Real Estate (Regulation and Development) Act, 2016, carries critical sections relevant to the case - Section 37 and Section 39. These sections outline the consequences of non-compliance with RERA regulations and the prohibition against reviewing or reversing orders without proper rectification.

Given these provisions, Sankalp Developers' attempt to reverse the previous order goes against the very fabric of the Act. The Authority's stance is firm in upholding the importance of adhering to RERA regulations.

Conclusion and Directive

In conclusion, the Rajasthan Real Estate Regulatory Authority unequivocally upholds the previous order and directs Sankalp Developers to comply immediately. Failure to do so may lead to even stricter actions taken under the Act.

Homebuyers must be vigilant and prioritize RERA-registered projects to safeguard their investments and rights. The case of "Suparshwa Aangan" serves as a crucial reminder of the significance of transparency and accountability in the real estate sector.

Final Thoughts

In a world where real estate transactions involve substantial investments and long-term dreams, RERA acts as a protective shield for homebuyers. It promotes trust and confidence in the real estate market, making it imperative for developers to adhere to the regulations set forth by RERA.

Let us all be proactive in understanding RERA regulations and make informed decisions while investing in real estate. By doing so, we can collectively contribute to a thriving and trustworthy real estate ecosystem in India.

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 (1)Complaint No. RAJ-RERA-C-2020-3886 and (1)Complaint No. RAJ-RERA-C-2020-3887 before the Rajasthan Real Estate Regulatory Authority

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