AIPL Autograph

Sh. Ashish Kush Planning Executive briefed the facts of the case. Ms Asmita Mehrotra (Authorise Signatory), Ms. Pallavi Kalia (Authorise Signatory), Sh. Saikat Sardar (Authorise Signatory) are present on behalf of the promoter. The deficiencies stand conveyed vide notice dated 17.06.2021 and AR is submitting the reply today itself and the same needs to be examined by the office. The agreement made with the lender, Vis a vis the banker regarding escrow account and transfer of 70% amount in same and lien thereon needs to be examined by Mr. Naresh Kumar (CA) and to give his findings and recommendations.   The AR also apprised that service plan and estimates have also been submitted to the competent authority for approval and is under their consideration. The matter to come up on 06.07.2021.   Dr. K.K. Khandelwal (Chairman) Vijay Kumar Goyal (Member)

Sh. Ashish Kush, Planning Executive briefed the facts about the project. Sh. Asmita Malhotra and Sh. Pallavi Kalia are present on behalf of the promoter. Originally license was issued in favour of Sh. Om Prakash, Sh. Jitender Kumar and others in collaboration with Gupta Promoters Pvt. Ltd. for setting up cyber park colony on the land measuring 6.1375 acres. License no. 112 of 2012 is transferred from Sh. Om Prakash and others to Advance India Projects Ltd. and the permission to change the developer from Gupta Promoters Pvt. Ltd. to Advance India Projects Ltd. is granted vide order no. LC-2403-JE(VA)/2020/12942 dated 02.06.2021. The promoter M/s Advance India Projects Ltd. who is a change of Developer and Transfer of license (License Holder) applied for the registration of real estate project namely “AIPL Autograph” located at Sector-66, Gurugram under section 4 of the Real Estate (Regulations and Development) Act, 2016 vide central receipt no. 19330/19702 dated 03.06.2021 and RPIN-335. The Temp I.D. of REP – I (Part A-H) is RERA -GRG-PROJ-818-2021. The project area for registration is same as that of the licensed area i.e. 6.1375 acres. License no – 112 of 2012 dated 27.10.2012. The application for registration was scrutinized and 1st deficiency notice vide notice no. HARERA/GGM/RPIN/335 dated 11.06.2021 was issued to the promoter with an opportunity of being heard on 23.06.2021. On 23.06.2021, Ms Asmita Mehrotra (Authorise Signatory), Ms. Pallavi Kalia (Authorise Signatory), Sh. Saikat Sardar (Authorise Signatory) were present on behalf of the promoter. AR was submitted the reply in the hearing itself and the same needs to be examined by the office. The agreement made with the lender, Vis a vis the banker regarding escrow account and transfer of 70% amount in same and lien thereon needs to be examined by Mr. Naresh Kumar (CA) and to give his findings and recommendations.  The AR also apprised that service plan and estimates have also been submitted to the competent authority for approval and is under their consideration and next hearing is fixed for 06.07.2021. The reply dated 25.06.2021 is scrutinized and some deficiencies as remaining which are mentioned below: 1.       Deficit Fee- Rs 99,44,741/-. Kindly submit the clarification regarding the applicability of late fee- Rs 99,76,941. 2.       The annexures in the online application are not uploaded as well as the correction needs to be done in the online (A-H) application. 3.       DPI needs to be revised. 4.       Fire Scheme Approval needs to be submitted. 5.       Approved Service Plan and Estimates for the area 6.1375 acres needs to be submitted. 6.       Project report needs to be revised. 7.       Approvals / NOC’s from various agencies for connecting external services like storm water drainage needs to be submitted. 8.       Quarterly schedule of physical progress unitwise needs to be filled in DPI. 9.       Quarterly schedule physical progress stagewise needs to be filled in DPI. 10.   Quarterly schedule physical progress of infrastructure and services needs to be filled in DPI. 11.   Draft Allotment letter is not as per the prescribed format. 12.   Draft Builder Buyer Agreement is not as per the prescribed format. 13.   Pert Chart needs to be revised. 14.   Interest cost to financial institution needs to be clarified. 15.   Affidavit by the promoter keeping in view of section 4(2)(l)(D) of the HARERA Act, 2016 needs to be witnessed and details of all three accounts needs to be mentioned.   The office has pointed that there is a matter of deficit fee of Rs. 99,44,741/-The AR appearing on behalf of company submits that they are new entrant. Their company has purchased the project on 20.07.2018 and they have taken COD permission with change of license from DTCP on 02.06.2021 only and hence they are not liable for deficit fee. The Authority decided to refer the matter regarding late fee and representation of the promoter for a legal opinion from the committee consisting of legal experts namely Mr. Venket Rao, Advocate (independent member) and Ms. Geeta Rathee Singh, Legal Officer and Accounts Officer of the Authority. The committee to give its report within a week’s time. The matter to come up on 20.07.2021.Samir Kumar (Member)Vijay Kumar Goyal (Member) Dr. K.K. Khandelwal (Chairman) 

Sh. Ashish Kush, Planning Executive briefed the facts about the project. Mrs. Asmita Mehrotra (AR) and Ms. Pallavi Kalia (AR) are present on behalf of the promoter. The promoter M/s Advance India Projects Ltd. who is a change of Developer and Transfer of license (License Holder) applied for the registration of real estate project namely “AIPL Autograph” located at Sector-66, Gurugram under section 4 of the Real Estate (Regulations and Development) Act, 2016 vide central receipt no. 19330/19702 dated 03.06.2021 and RPIN-335. The Temp I.D. of REP – I (Part A-H) is RERA -GRG-PROJ-818-2021. The project area for registration is same as that of the licensed area i.e. 6.1375 acres. License no – 112 of 2012 dated 27.10.2012. The application for registration was scrutinized and 1st deficiency notice vide notice no. HARERA/GGM/RPIN/335 dated 11.06.2021 was issued to the promoter with an opportunity of being heard on 23.06.2021. On 23.06.2021, Ms Asmita Mehrotra (Authorise Signatory), Ms. Pallavi Kalia (Authorise Signatory), Sh. Saikat Sardar (Authorise Signatory) were present on behalf of the promoter. AR was submitted the reply in the hearing itself and the same needs to be examined by the office. The agreement made with the lender, Vis a vis the banker regarding escrow account and transfer of 70% amount in same and lien thereon needs to be examined by Mr. Naresh Kumar (CA) and to give his findings and recommendations.  The AR also apprised that service plan and estimates have also been submitted to the competent authority for approval and is under their consideration and next hearing is fixed for 06.07.2021. The reply dated 25.06.2021 is scrutinized but deficiencies not removed by the promoter. On 06.07.2021, the authority directed the promoter to remove the deficiencies and matter is fixed for 20.07.2021. On 06.07.2021, the promoter submitted the approval letter of service plans and estimates. On 12.07.2021 and 14.07.2021 the promoter submitted the representation regarding the late fee. Some of the deficiencies are pending which are mentioned below:   1.       Deficit Fee- Rs 99,44,741/-. Kindly submit the clarification regarding the applicability of late fee- Rs 99,76,941. 2.       The annexures in the online application are not uploaded as well as the correction needs to be done in the online (A-H) application. 3.       DPI needs to be revised. 4.       Fire Scheme Approval needs to be submitted. 5.       Approval letter submitted. However, Service Plans and Estimates for the area 6.1375 acres needs to be submitted. 6.       Project report needs to be revised. 7.       Approvals / NOC’s from various agencies for connecting external services like storm water drainage needs to be submitted. 8.       Quarterly schedule of physical progress unit-wise needs to be filled in DPI. 9.       Quarterly schedule physical progress stage-wise needs to be filled in DPI. 10.   Quarterly schedule physical progress of infrastructure and services needs to be filled in DPI. 11.   Draft Allotment letter is not as per the prescribed format. 12.   Draft Builder Buyer Agreement is not as per the prescribed format. 13.   Pert Chart needs to be revised. 14.   Interest cost to financial institution needs to be clarified. 15.   Affidavit by the promoter keeping in view of section 4(2)(l)(D) of the HARERA Act, 2016 needs to be witnessed and details of all three accounts needs to be mentioned. Reply submitted today which needs to be scrutinised by the office.  On the request of the AR the matter is adjourned to 27.07.2021 for rectification of remaining deficiencies.Vijay Kumar Goyal (Member) Dr. K.K. Khandelwal (Chairman) 

Sh. Ashish Kush, Planning Executive briefed the facts about the project. Sh. Nishit Khandelwal (Authorised Signatory), Ms. Asmita Mehrotra (Authorised Signatory) and Ms. Pallavi Kalra (Authorised Signatory) are present on behalf of the promoter. The promoter M/s Advance India Projects Ltd. who is a change of Developer and Transfer of license (License Holder) applied for the registration of real estate project namely “AIPL Autograph” located at Sector-66, Gurugram under section 4 of the Real Estate (Regulations and Development) Act, 2016 vide central receipt no. 19330/19702 dated 03.06.2021 and RPIN-335. The Temp I.D. of REP – I (Part A-H) is RERA -GRG-PROJ-818-2021. The project area for registration is same as that of the licensed area i.e. 6.1375 acres. License no – 112 of 2012 dated 27.10.2012. The application for registration was scrutinized and 1st deficiency notice vide notice no. HARERA/GGM/RPIN/335 dated 11.06.2021 was issued to the promoter with an opportunity of being heard on 23.06.2021. On 23.06.2021, Ms Asmita Mehrotra (Authorise Signatory), Ms. Pallavi Kalia (Authorise Signatory), Sh. Saikat Sardar (Authorise Signatory) were present on behalf of the promoter. AR was submitted the reply in the hearing itself and the same needs to be examined by the office. The agreement made with the lender, Vis a vis the banker regarding escrow account and transfer of 70% amount in same and lien thereon needs to be examined by Mr. Naresh Kumar (CA) and to give his findings and recommendations.  The AR also apprised that service plan and estimates have also been submitted to the competent authority for approval and is under their consideration and next hearing is fixed for 06.07.2021. The reply dated 25.06.2021 is scrutinized but deficiencies not removed by the promoter. On 06.07.2021, the authority directed the promoter to remove the deficiencies and matter is fixed for 20.07.2021. On 06.07.2021, the promoter submitted the approval letter of service plans and estimates. On 12.07.2021 and 14.07.2021 the promoter submitted the representation regarding the late fee. On 20.07.2021, the promoter submitted the reply and the authority decided to adjourn the matter for 27.07.2021. On 27.07.2021, the hearing was adjourned for 10.08.2021. The promoter submitted the reply dated 27.07.2021 and 06.08.2021 after scrutiny of the reply some of the deficiencies are remaining which are mentioned below:   Deficit Fee- Rs 99,44,741/-. Kindly submit the clarification regarding the applicability of late fee- Rs 99,76,941. Fire Scheme Approval needs to be submitted.   On 10.08.2021, the matter was adjourned for 12.08.2021. On 12.08.2021, the matter was adjourned and fixed for 17.08.2021. The authority decided to refer the matter regarding the late fee and representation of the promoter for a legal opinion from the committee consisting of legal experts namely Mr. Venkat Rao, Advocate (independent member) and Mrs. Geeta Rathee Singh, Legal Officer of the Authority. The legal officer of the Authority is of the view that the Authority is well within its rights to communicate deficit fee on the promoter as the project falls within the definition of ongoing project and the promoter failed to get it registered within a period of 3 months from the date of commencement of the Real Estate (Regulation and Development) Act, 2016 and as per the independent report or the legal opinion submitted by Mr. Venkat Rao, Advocate submitted that the project was required to be registered at the certain earlier point in time but is seeking registration with a delay. Therefore, considering the facts mentioned in the report, Mr. Venkat Rao, Advocate is of the view that even though the deficit fee is chargeable, the authority may suitably consider waiving off the requisite deficit fee.  Copy of the legal opinion of the Law Officer of the Authority and independent 3rd party i.e. Advocate Mr. Venkat Rao was handed over to the AR of the promoter. The promoter may respond to the legal opinion within 7 days and also give an undertaking that if after considering the response of the promoter the Authority decides levying of standard fee for late submission of application of registration the promoter shall deposit the requisite standard fee within 15 days of raising the demand. The project is covered in the definition of ongoing project if strictly go by the definition of ongoing projects as per rule 2 (o) of the Haryana Real Estate (Regulation and Development) Rules, 2017. The original licence holder was to apply to the Authority for registration of the ongoing project. Now the licence has been transferred in the name of Advance India Projects Ltd. and shall be responsible for all compliances of all terms and conditions of the said licence. The fire scheme has been submitted to the competent authority on 16.04.2021 and copy of the same has also been submitted to the Authority.  The Authority decided to grant two months’ time to the promoter for obtaining the fire scheme and submitting the same to the Authority. The Authority decided to grant registration subject to conditions mentioned above and deposit of Bank guarantee amounting to Rs. 50 lakhs along with an undertaking to deposit the deficit if decided by the Authority after considering the response of the promoter. The matter to come up for follow up on 19.10.2021.Member (Samir Kumar)Member (Vijay Kumar Goyal)Chairman (Dr. K.K. Khandelwal)