M3M Escala

Ms. Jyoti Yadav, Coordinator, Planning Branch briefed about the facts of the project.Sh. Abhijeet Singh (AR), Sh. Manik Sharma (AR) are present on behalf of the promoter.A comprehensive report is yet to come from DTCP regarding promoters and co-promoters. Nothing could be done in absence of patent material fact. The matter decided to come up on 09.11.2021.

Ms. Jyoti Yadav, Coordinator, Planning Branch briefed about the facts of the project.Sh. Abhijeet Singh (AR), Sh. Manik Sharma (AR) are present on behalf of the promoter.The promoter is directed to obtain final approval of BIP permission from the competent authority. Nothing could be done in absence of patent material fact. In meanwhile the promoter is advised to rectify the remaining deficiencies which were already conveyed.The matter to come up on 13.12.2021.

The promoter is directed to submit the deficit documents along with online DPI. The matter to come up on 27.12.2021.

Sh. Abhijeet Singh (AR) and Sh. Manik Sharma (AR) are present on behalf of the promoter. The reply to the deficiencies notice submitted by the applicant promoter was scrutinized and still major deficiencies were noticed including non-obtaining of the BIP permission in favour of the applicant promoter and other statutory approvals requires to be submitted. The AR of the promoter clarifies that the instant project applied for registration as ongoing project measuring 3.2 acres only out of 27.47 acres Group Housing Complex licensed in favour of M/s Haamid Real Estates Pvt. Ltd. in collaboration with DLF Homes Developers Ltd. However, the remaining developers are not paying the share of their fee and hence final grant of BIP permission is held up in DTCP. The AR is advised for taking up the matter with T&CP; Department for early grant of BIP permission and rectification of all other deficiencies already conveyed before the application for registration to be further proceeded The matter to come up on18.04.2022.

Proceedings Dated: 18.04.2022 None is present on behalf of the promoter. One last opportunity of 2 weeks’ time is granted. The matter to come up on 09.05.2022.

Proceedings Dated: 09.05.2022 No one is present on behalf of the promoter. Keeping in view the brief facts of the case, the promoter is directed to submit all the deficit documents and deficit fees along with final approval of BIP which is a mandatory requirement for grant of registration certificate. A notice be issued to the promoter for obtaining final BIP approval of the part of the project developed by them. Matter to come up on 23.05.2022.

The coram is not complete. So the matter is adjourned for 27.10.2022.

The promoter is directed to rectify the deficiencies and submit the deficit fee if any. The matter is adjourned for 21.11.2022.

Proceedings dated: 21.11.2022. Sh. Ashish Kush, Planning Executive briefed about the facts of the case. Sh. Manik Sharma (AR) and Sh. Abhijeet Singh (AR) are present on behalf of the promoter. The applied area of 3.26706 acres is a part of larger licensed area admeasuring 27.471 acres and granted in favour of M/s Haamid Real Estates Pvt. Ltd. & others wherein the applicant is neither a licensee nor a collaborator and hence the matter of grant of COD/BIP is under consideration of DTCP and the above application can be considered after its receipt. The AR states that the OC of the portion of area with the applicant was applied even before publication of the rules and stand obtained and hence requests for exemption of the late fee being charged. However, the Authority has already taken a view that the project is ongoing since no OC was obtained before above publication of above rules and hence the applicant was required to apply and seek the RC within three months of publication of above rules. Since the same was not adhered to and hence the applicant is advised to deposit the above deficit fee and other documents. AR seeks 4 weeks time for its submission as the matter is before DTCP and the permission of COD/BIP is required to be obtained by the licensee company. The matter to come up on 26.12.2022.   (Sanjeev Kumar Arora) Member, HARERA, Gurugram   (Ashok Sangwan) Member, HARERA, Gurugram     (Vijay Kumar Goyal) Member, HARERA, Gurugram       (Dr. K.K. Khandelwal) Chairman, HARERA, Gurugram

The matter is adjourned to 13.02.2023.

Sh. Ashish Kush, Planning Executive and Ms. Asha, Chartered Accountant briefed about the facts of the case. Sh. Vineet Maheshwari (AR) is present on behalf of the promoter. The AR submits that COD permission has been received from DTCP and a copy is being filed in the registry of the Authority along with other deficit documents and seeks three weeks time for doing the needful. The request is allowed. The matter to come up on 13.03.2023.

Sh. Ashish Kush, Planning Executive and Ms. Asha, Chartered Accountant briefed about the facts of the case. Ms. Pragya Sharan (AR) is present on behalf of the promoter. The representative of the applicant seeks a short adjournment of three weeks. The matter to come up on 03.04.2023.

Sh. Ashish Kush, Planning Executive and Ms. Asha, Chartered Accountant briefed about the facts of the case. Sh. Manik Sharma (AR) and Sh. Bharat Vigmal (AR) are present on behalf of the promoter. It has been brought to the notice of the Authority that there are 18 complaints pending against this project filed by one Sh. Arun Kumar Raina received from time to time. The complaints mainly refer to violation under section 3 of the Act, 2016 and some other issues pertaining to the above project. It was decided that the above complaints would be taken up with the registration proceedings. Copies of the complaints be handed over to the AR of the promoter applicant to submit a consolidated response within a period of 10 days. The matter to come up on 10.07.2023.

Sh. Ashish Kush, Planning Executive and Ms. Asha, Chartered Accountant briefed about the facts of the case. Sh. Abhijeet Singh (AR), Sh. Manik Sharma (AR) and Sh. Bharat Vigmal (AR) are present on behalf of the promoter. The copy of the complaints received from Sh. Arun Kumar Raina have already been handed over to the AR of the promoter during the last hearing. No reply has been submitted by the promoter till date. The AR of the promoter is directed to submit the reply. The matter to come up on 24.07.2023.

Sh. Ashish Kush, Planning Executive and Ms. Asha, Chartered Accountant briefed about the facts of the case. Sh. Abhijeet Singh (AR), Sh. Manik Sharma (AR) and Sh. Bharat Vigmal (AR) are present on behalf of the promoter. The AR of the promoter stated that they had applied for the OC before the commencement of RERA and their OC has never been rejected. Hon’ble Chairman is of the view that if OC has been applied before RERA and has not been rejected then the project is not an ongoing project. Hon’ble Members are of the view that we may seek information regarding sale of units after commencement of RERA if any, and to clarify as to whether the 3rd party rights have been created prior to RERA only. In view of the above, the promoter is directed to submit the list of units alongwith complete details where if any, sale has been done after the commencement of RERA but prior to registration. Further, regarding the complaint, the Authority decided to call the complainant in the next hearing. The intimation be sent to the Complainant in this regard. The matter to come up on 14.08.2023.

The matter is adjourned and to come up on 03.06.2024

Sh. Ashish Kush, Planning Executive and Ms. Suruchi Pandey, Chartered Accountant briefed about the facts of the case. Sh. Manik Sharma (AR), Sh. Bharat Vigmal (AR) and Sh. Abhijeet Singh (AR) are present on behalf of the promoter. The Authority had already approved the project in-principle on 25.09.2023 subject to imposition of penalty for violation of section 3 of the Act of 2016. The show cause has already been issued to the promoter for the violation of section 3 of the Act. The Authority decided to impose a penalty of Rs 25 lakhs u/s 59 of the Act for the violation of section 3 of the Act. Further, as OC has already been obtained vide memo No. ZP-545/SD(BS)/2018/23018 dated 02.08.2018 and possession of all units has been handed over to the allottees. Registration of the project is hereby approved as proposed but the Registration Certificate shall be issued after submission of the penalty.