MahaRERA earlier last week cancelled the registration of 49 projects within the jurisdiction of Kalyan Dombivalu Municipal Corporation.
The reason behind this move is that the KDMC had informed MahaRERA that commencement certificates (CCs) of these real estate projects were not issued by it.
An order dated November 7, uploaded on the MahaRERA website under the suo-motu decision by the authority this decision came to be known to public.
MahaRERA has been hearing a matter concerning 54 real estate projects and during the last hearing MahaRERA passed an order were it cancelled the registration of 49 projects.
In the suo-motu cases taken up by MahaRERA against all the Promoters was pursuant to the allegation of submitting a false / fake
commencement certificate (CC) with regard to MahaRERA Project Registration.
On October 28, a physical hearing was held where the Advocate stated that earlier also he had sought time, the advocate stated that there is a criminal complaint which has also been filed against his clients and the same is under investigation before the Thane crime branch. The Advocate further stated that since a criminal investigation is pending in the matters and that they are being summoned by the Police for investigation purposes, no precipitatory action should be taken in these matters till then. The Advocate pleaded that these matters be kept in abeyance till the outcome of the criminal investigation.
MahaRERA in its order has stated, that as per section 4 of. the said Act every Promoter who seeks registration of his
real estate project is mandated to make an application to this Authority in such form, manner, within such time and accompanied by such fee as specified by the regulations made therein and also enclose the documents such as a brief details of the enterprise of the Promoter, a brief detail of the projects launched by him (in the past five years, whether already completed or being developed), an authenticated copy of the approvals and commencement certificate from the competent authority obtained in
accordance with the laws as may be applicable for the real estate project, the sanctioned plan, layout plan and specifications of the proposed project, etc.
MahaRERA also stated that vide letters dated August 17, the Assistant Director, Town Planning office of Kalyan Dombivali Municipal Corporation (KDMC) informed MahaRERA that the above-mentioned CCs submitted while seeking MahaRERA Project registration of the above-mentioned Projects has not been issued by the office of KDMC. Thus, it appears that the above-mentioned CCs have been obtained by means that are suspect. Further, it is also brought to the notice of this Authority that an investigation into this issue is also pending before the Thane crime branch against the Promoters of the above-mentioned
Projects.
The order said the authority had powers under section 7 of the RERA Act, 2016 of revoking the registration of MahaRERA projects if the promoter (developer) was indulging in any kind of unfair practices.
“In the present case of not obtaining the CCs from the Competent Authority and misrepresenting to this Authority as well as the allottees / home buyers and collecting money through misrepresentation and taking the bookings in the above-mentioned MahaRERA registered projects can be said to be unfair or deceptive practice,” the order said., which has been signed by MahaRERA Chairperson Ajoy Mehta and Member Mahesh Pathak.
And thus MahaRERA ordered the cancellation of the registration of all the 49 projects. So when you are planning to buy a home in KDMC it is better that you read the order at this link.
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