Developer directed not to proceed with booking of plots; pay Rs 5 lakh fine within 60 days of passing of order
MARGAO
A real estate developer has come under the lens of the Goa Real Estate Regulatory Authority (RERA) for undertaking plotted development at Colva village without registration with the Authority.
In fact, RERA Member Vincent D’Silva has directed the real estate developer not to proceed with marketing, booking, selling or offering for sale any plots from the project till the said project is registered with the Goa RERA established under the Act.
The developer is further directed to pay an amount of Rs 5 lakh before the Authority within 60 days of the passing of the order as penalty under Section 59 of the RERA Act, failing which necessary proceedings will be initiated against the respondents under the law in force.
The respondents shall pay a sum of Rs 1 lakh as costs to the complainant Colva Civic and Consumer Forum. The developer has been further directed to file compliance report of this order in the form of an affidavit within 60 days of the order, failing which further legal action will be initiated by the Authority under the RERA Act for execution of the order.
The Colva Civic and Consumer Forum represented by Secretary Judith Almeida had lodged a complaint with RERA stating that the real estate developer has undertaken plotted development of the property in the village.
In his order, RERA Member D’Silva observed: “In the instant case, the respondents have admittedly to have not registered the project as per Section 3 of the Act and have sold various plots to unknown purchasers without prior registration with less than 50 per cent of the project left to be sold till the filing of the complaint. The respondents have wilfully and intentionally attempted to downplay that it was due to oversight that they have not undertaken to register the project prior to development and sale of plots when the respondents themselves have registered a project on 17.08.2021 before the RERA Authority.”
He added: “It is also averred by the respondents that the complainant filed the complaint merely for a fishing expedition for the sole purpose of extorting money from and harassing the 12 respondents, when the respondents themselves have violated the provisions of the Act, which is a serious lapse punishable under Section 59 of the Act.”
“Needless to mention, it is mandatory for a promoter/ builder to submit various documents enumerated in sub-section (2) of Section 3 for seeking registration of real estate project. If any person markets or sells plot or apartment in an unregistered project, it contravenes provisions of Section 3 of the RERA Act,” D’Silva stated in his order.
