The Cityscape

The promoter requested for a period of 30 days time to remove the deficiencies. The Authority has decided to grant the same. Next date of hearing is 13.11.2020. 

The hearing is adjourned and matter is fixed for 04.12.2020.

The hearing is adjourned and matter is fixed for 09.12.2020.

The license No. 43 of 2010 dated 08.06.2020 was issued for the development of the commercial project in the name of M/s French Buildmart Pvt. Ltd. having an area admeasuring 2.0229 acres situated in Sector 66, Gurugram. M/s Capital Skyscraper Pvt. Ltd. registered the project in its name in the Interim RERA, Panchkula vide registration No. 02 of 2018 dated 01.01.2018 having the validity till 31.12.2018. The Capital Skyscraper Pvt. Ltd. Sold the units in the projects as registered by the Authority in its name. M/s Capital Skyscraper Pvt. Ltd. was neither the license holder nor the collaborator in the project. There was no Beneficial Interest Permission in the name of M/s Capital Skyscraper Pvt. Ltd. The registration in the name of M/s Capital Skyscraper Pvt. Ltd. was irregular. As project is an ongoing project, the sales of units prior to come into force of RERA were made by M/s Capital Skyscraper Pvt. Ltd. Now there are two options either there should be Beneficial Interest Permission in the name of M/s Capital Skyscraper Pvt. Ltd. or the initial registration certificate be withdrawn and now registration shall be done in the name of license holder (M/s French Buildmart Pvt. Ltd.). The second option amounts to requirement of compliances under section 15 of the Act. There are 351 total units in the project out of which 235 were sold. M/s French Buildmart Pvt. Ltd shall step into the shoes of M/s Capital Skyscraper Pvt. Ltd. The agreements already executed between M/s Capital Skyscraper Pvt. Ltd. and allottees shall be concurred by M/s French Buildmart Pvt. Ltd. It is understood that 68 allotees have given their consent whereas requirement is of 2/3 allottees i.e. 156. Alternatively, the copy of the agreements available with the promoter be confirmed by the new promoter and photocopy be sent along with a board resolution of M/s French Buildmart Pvt. Ltd to the allottees.  The intending promoter shall be required to independently complied all the pending obligation under the provisions of this Act or rules and regulations made thereunder, and the pending obligations as per the agreement for sale entered into by the erstwhile promoter with the allottees. Since there is change of developer from M/s Capital Skyscraper Pvt. Ltd. to M/s French Buildmart Pvt. Ltd (license holder) as such a public notice be got issued so that all the buyers may come to know about the developer. Besides this the deficiencies be conveyed and a show cause notice for rejection be issued. The next date of hearing is fixed for 08.03.2021.

The Coram is not complete. Hearing is adjourned and matter is fixed for 15.03.2021.

Sh. BB Sahu (Director) and Ms. Hema Kashyap (Manager) are present on behalf of the promoter. The Authority directed the promoter to submit the deficit documents mentioned below within 15 days. 1.       The annexures in the online are not uploaded as well as the correction needs to be done in the online (A-H). 2.       DPI not filled Properly. 3.       Renewal of license no. 43 of 2010 needs to be submitted. 4.       Two third consent of the allottees for the revised building plan and change of promoter needs to be submitted. 5.       Draft Allotment letter is not as per the prescribed format. 6.       Draft Builder Buyer Agreement is not as per the prescribed format. 7.       Approved service estimate plan needs to be provided to check the calculation of internal development works. 8.       Quarterly schedule of estimated expenditure needs to be clarified and corrected. 9.       Quarterly schedule of sources of funds needs to be clarified and corrected. 10.   Quarterly schedule of net cash flow needs to be corrected.   The Authority also decided to issue the show cause notice. Next date of hearing is 05.04.2021.

Sh. Ashish Kush Planning Executive briefed the facts of the case. Ms. Hema Kashyap (Manager) and Mr. B.B. Sahu (AR) are present on behalf of the promoter. The license for development of commercial project was issued in favour of M/s French Buildmart Pvt. Ltd. for an area measuring 2.0229 acres in sector-66, Gurugram. However, M/s Capital Skyscraper Pvt. Ltd. a subsidiary company of licensee applied for the RERA registration and the same was granted by the Interim RERA, Panchkula on 01.01.2018. In view of the same sale of 268 units was also made by M/s Capital Skyscraper Pvt. Ltd., who otherwise was neither licensee nor the collaborator neither the BIP Holder. However, the sale was affected in view of registration in their name by Interim RERA, Panchkula.  Now, the licensee M/s French Buildmart Pvt. Ltd. has applied for registration in their name and agreed to add an addendum to the Builder Buyer Agreement/ Allotment letter that without infringing any rights of the existing allottees the licensee will settle all the issues/ disputes on the existing and prospective allottees and will deliver the possession of units to the allottees as per the BBA. In the last hearing the authority directed the promoter to submit the requisite approvals/ NOC’s from various departments like storm water drainage, sewerage disposal and a draft of addendum of BBA shall be submitted before next date of hearing. Reply submitted by the promoter on 12.07.2021. The promoter submitted the approvals/ NOC’s from various departments like storm water drainage, sewerage disposal. As well as the intimation to the allottees regarding the change of developer of the project with the update of construction. Online information has not been filled up by the promote despite various opportunities. This project also involves TOD benefits by the promoter and a reference regarding TOD projects has already been sent to DTCP Haryana. Meanwhile the promoter may complete the online information and other deficiencies. On the request of the promoter matter fixed for 20.07.2021.Vijay Kumar Goyal (Member)Samir Kumar (Member)Dr. K.K. Khandelwal (Chairman) 

Sh. Ashish Kush, Planning Executive briefed the facts about the project. Sh. B.B. Sahu (AR) and Mrs. Hema_Kashyap (Manager) are present on behalf of the promoter. The license for development of commercial project was issued in favour of M/s French Buildmart Pvt. Ltd. for an area measuring 2.0229 acres in sector-66, Gurugram. However, M/s Capital Skyscraper Pvt. Ltd. a subsidiary company of licensee applied for the RERA registration and the same was granted by the Interim RERA, Panchkula on 01.01.2018. In view of the same sale of 268 units was also made by M/s Capital Skyscraper Pvt. Ltd., who otherwise was neither licensee nor the collaborator neither the BIP Holder. However, the sale was affected in view of registration in their name by Interim RERA, Panchkula.  Now, the licensee M/s French Buildmart Pvt. Ltd. has applied for registration in their name and agreed to add an addendum to the Builder Buyer Agreement/ Allotment letter that without infringing any rights of the existing allottees the licensee will settle all the issues/ disputes on the existing and prospective allottees and will deliver the possession of units to the allottees as per the BBA. In the last hearing the authority directed the promoter to submit the requisite approvals/ NOC’s from various departments like storm water drainage, sewerage disposal and a draft of addendum of BBA shall be submitted before next date of hearing. Reply submitted by the promoter on 12.07.2021. The promoter submitted the approvals/ NOC’s from various departments like storm water drainage, sewerage disposal. As well as the intimation to the allottees regarding the change of developer of the project with the update of construction. Online information has not been filled up by the promoter despite various opportunities. This project also involves TOD benefits by the promoter and a reference regarding TOD projects has already been sent to DTCP Haryana. Meanwhile the promoter may complete the online information and other deficiencies. On the request of the promoter matter fixed for 20.07.2021. The matter to come up on 27.07.2021.Vijay Kumar Goyal (Member)Dr. K.K. Khandelwal (Chairman) 

Sh. Ashish Kush, Planning Executive briefed the facts about the project. Sh. B.B.Sahu (Manager) and Sh. Parmod Sharma (Executive) are present on behalf of the promoter. The license for development of commercial project was issued in favour of M/s French Buildmart Pvt. Ltd. for an area measuring 2.0229 acres in sector-66, Gurugram. However, M/s Capital Skyscraper Pvt. Ltd. a subsidiary company of licensee applied for the RERA registration and the same was granted by the Interim RERA, Panchkula on 01.01.2018. In view of the same sale of 268 units was also made by M/s Capital Skyscraper Pvt. Ltd., who otherwise was neither licensee nor the collaborator neither the BIP Holder. However, the sale was affected in view of registration in their name by Interim RERA, Panchkula.  Now, the licensee M/s French Buildmart Pvt. Ltd. has applied for    in their name and agreed to add an addendum to the Builder Buyer Agreement/ Allotment letter that without infringing any rights of the existing allottees the licensee will settle all the issues/ disputes on the existing and prospective allottees and will deliver the possession of units to the allottees as per the BBA. On 23.06.2021, the authority directed the promoter to submit the requisite approvals/ NOC’s from various departments like storm water drainage, sewerage disposal and a draft of addendum of BBA shall be submitted before next date of hearing i.e 13.07.2021. Reply submitted by the promoter on 12.07.2021. The promoter submitted the approvals/ NOC’s from various departments like storm water drainage, sewerage disposal. As well as the intimation to the allottees regarding the change of developer of the project with the update of construction. Online information has not been filled up by the promoter despite various opportunities. This project also involves TOD benefits by the promoter and a reference regarding TOD projects has already been sent to DTCP Haryana. Meanwhile the promoter may complete the online information and other deficiencies. On the request of the promoter matter is fixed for 20.07.2021. On 20.07.2021, the matter was adjourned for 27.07.2021. The matter was discussed in detail. In view of the back-drop/history of the project namely the ‘’Cityscape’ the below noted facts have been observed: i.                    That earlier the project was got registered in the name of M/s Capital Skyscraper, an independent company which has no legal entity in the capacity of either a licensee or promoter as no license was issued in its name. The Panchkula Authority granted registration certificate dated 01.01.2018 vide No. 02 of 2018. Overlooking the above material fact. ii.                  The registration was granted for a period upto 31.12.2018, which has expired since then. A period of more than 1 year 9 months has elapsed and registration has already expired. iii.                Now, the original license holder French Buildmart Pvt. Ltd. through its AR Sh. Bhim Bahadur Sahu resident of D-275, Krishna Park, Khanpur, New Delhi (Aadhaar Card attached) has applied for amendment in registration of the project after a lapse of more than 1 year 9 months in the name of new company i.e. M/s French Buildmart Pvt. Ltd. iv.                The promoter submitted an undertaking stating that the M/s French Buildmart Pvt. Ltd. will be liable for settle all issues / disputes, if any, of the existing and prospective customers/ allottees and pay all outstanding dues to the government authorities as and when demanded.  Taking into consideration the registration granted earlier vide registration no. 02 of 2018 dated 01.01.2018 for the commercial project admeasuring 2.0229 acres in favour of M/s Capital Skyscraper Pvt. Ltd. stands cancelled and now the authority has decided to fix the matter for 20.12.2021.

Proceedings dated: 19.01.2022 Sh. Ashish Kush, briefed about the facts of the case. Sh. B.B. Sahu joined the proceedings through VC on behalf of the promoter. It was informed that requisite affidavit and balance written consent of 2/3rd allottees have been submitted today at the registry. Office to examine and may put up on 24.01.2022. The matter to come up on 24.01.2022.Member (Vijay Kumar Goyal)Chairman (Dr. K.K. Khandelwal) 

Sh. Ashish Kush, briefed about the facts of the case. Sh. B.B. Sahu joined the proceedings through VC on behalf of the promoter. The project pertains to the TOD. The building plans of the project was firstly approved vide Memo no. ZP-661/JD(BS)/2013/33412 dated 13.03.2013. On the basis of TOD, the revision of building plans was approved vide ZP-661/JD(RD)/2020/7824 dated 11.05.2020. The cases pertain to TOD are subject to the clarification of the DTCP, Haryana. However, the above project is to be registered as a whole not in the phase. As well as the promoter submitted the consent of 2/3rd of the allottees. The total no. of units in the project are 351. The total no. of units sold are 270 out of which the individual identity is 227. However, the promoter submitted the consent from 181 allottees after examining the consent of allottees it was found that the no. of consent is 155 as per the individual identity. The 2/3rd consent is 151 as the sold units as per individual identity is 227. The promoter submitted the consent of more than 2/3rd allottees as per the requirement. Some of the information in respect of sold units needs to be updated as explained to the ARs during proceedings. Rest information is complete. The Authority decided to grant registration. Three set of hard copies for authentication be submitted by the promoter within three days.Member (Vijay Kumar Goyal)Chairman (Dr. K.K. Khandelwal)