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Judgment
AR for the Complainant sought early possession of his unit and also interest/compensation for the delay in possession. He further submitted that he is not willing to take possession until the Respondents obtain Completion Certificate from the Competent Authority.
Ld. Counsel for the Respondents submitted that his clients are now willing to apply for Completion Certification and likely to submit the application within a week. He admitted that the initial validity of registration of this Project with RERA, Delhi was upto 31.07.2020. However, taking relief for Covid first wave into account, the validity stood extended upto 30.04.2021. Since then, they have made no application to the Authority for extending the validity of registration of the subject project. As per Real Estate (Regulation and Development) Act, 2016 [hereinafter called RE(RD) Act, 2016], every promoter is bound to apply for extension before three months prior to the last date of the validity of registration of the project. The Respondents have failed on this account and, therefore, is in violation of provisions of RE(RD) Act, 2016. Further, it is seen that the Respondents have not submitted QPRs since June,2021
The Respondents, besides, failed to report to Authority that they have allowed occupancy in the building without obtaining the Completion Certificate. Had any incident, like fire taken place, it would have had serious repercussions on public life. This kind of act on part of Respondents cannot be overlooked.
Sh. K.R. Meena, Executive Engineer, Building-I, Rohini Zone, MCD while filing a report dated 3.6.2022 in the matter stated that validity of the sanctioned building plans ended on 12.01.2015 and Respondents continued construction activity without any sanctioned plans with deviations. This report was taken on record and a copy of the same was given to the Ld. Counsel of Respondents.
The Authority from the records notes that the Respondents had used the entire FAR of 200 as per earlier sanctioned building plans dt.13.01.2010. When asked, Sh. Meena could not reply as to how extra floors beyond sanctioned building plans were allowed to be constructed. The Authority orders Sh. Meena to submit all records pertaining to regularization of the subject building before the Authority within 15 days and also submit brief summary detailing the reasons and observations which were considered while regularizing the extra construction.
The Respondents are directed to show cause as to why action should not be taken against them under Section 61 of the Act for violating the provisions of RE(RD) Act, 2016, i.e., delay in seeking extensions, allowing allottees to occupy building before obtaining Completion Certification, not filing proper QPRs etc. The Respondents are also directed to provide the list of allottees with dates on which, they allowed occupancy.
Ld. Counsel for Respondents submitted that he has moved an application for waiving of the cost imposed on the Respondents as per order dt.11.5.2022 as Authorized Representative of Respondents was down with fever and he could not communicate the same to the Counsel. The Authority takes the absence of parties seriously and imposes costs to discourage the trend of absence. The application for waiving of cost imposed is hereby rejected and Respondents are directed to deposit the cost before the next date of hearing.
The Authority also directs that the name of Executive Engineer, Rohini Zone, MCD in its order dt.18.5.2022 be read as Sh. K.R. Meena instead of Sh. K.S. Meena.
Case is posted for physical hearing on 07 July, 2022 at 2.30 PM.