Maharera took action against 8,212 defaulter builders, issued show cause notice for not updating progress report

mumbai: A total of 33,029 housing projects are in different stages of construction across Maharashtra. Under the Real Estate (Regulation and Development) Act, 2016, developers are required to register their housing projects and upload Forms 1, 2 and 3 on the website of Maharashtra Real Estate Regulatory Authority (MaHARERA) every 3 months. In these forms, the builder has to provide details of the number of flats and garages registered in the project, how much money was received, how much was spent and whether any changes have been made in the construction plan of the project.

The deadline of April 20 was missed

According to the regulation, the progress report for the January-March quarter was to be updated by April 20. But, out of 33,029 projects, 8,212 projects have not updated QPRs within the given deadline. MahaRERA has taken a serious view of the negligence of erring developers. QPRs help prospective and already invested home buyers get the latest information about the status of the project.

Therefore, MahaRERA has issued show cause notices to all those entities who have violated Section 7 of the RERA Act.

60 days to respond and update QPRs

Errant builders have been given 60 days to respond and update the QPRs. If they do not respond within this time, MahaRERA can take strict action. This may include canceling or withholding the registration of the project due to negligence of the developer towards home buyers as well as violation of the rights of such home buyers.

Due to this violation, the housing project’s bank accounts are likely to be frozen, its advertising and marketing may be banned. Additionally, the Joint District Registrar may also be directed not to register transactions of purchase and sale of houses in those projects. To ease property registration, a fine of Rs 50,000 can also be imposed for this violation.

Pune tops the list with 1,957 defaulting projects

Of the projects that have not given QPRs, most of the 1,957 are from Pune district. There are 4,644 projects in Mumbai Metropolitan Region including Konkan. Of these, 1,465 are from Thane and 1,263 are from Mumbai suburban areas.

Apart from Sections 3, 4, 5 and 11 of the RERA Act, Categories 1, 2, 3 and 4 of Order No. 33/2022 dated July 5, 2022 also require developers to update project details on their website in a prescribed format, and that too on time. This compliance is required on a quarterly and annual basis. The details given are very important for the home buyer, such as changes in the approved building plan, latest status of the project, how many plots, flats, garages have been registered in the project, how much revenue has been received.

70% of booking amount should be in dedicated account

Another important thing is related to MahaRERA registration number, in which a dedicated bank account has to be opened for the project. In this bank account, 70% of the booking amount received from home buyers has to be deposited. While withdrawing money for the project, certified Forms 1, 2 and 3 from the project engineer, architect and chartered accountant are required to be submitted, detailing the progress and cost estimate of the project. These forms also have to be sent to MahaRERA. In case the money has not been withdrawn in any financial quarter, it is necessary to self-certify the details of how much money has been deposited in the bank account during that period and display such certificate on the MahaRERA website.

All these compliances are informed to the developers at the time of registration of their project in MahaRERA. These clauses are also clearly written on the registration certificate issued for each project. Despite these measures, developers of 8,212 out of a total of 33,029 projects have not updated QPRs on the MahaRERA portal. Therefore, under Section 7, show cause notices have been issued to the erring builders.

Statement of Chairman Manoj Saunik

MahaRERA Chairman Manoj Saunik said, MahaRERA has always been trying to protect the interests of home buyers and ensure that they are not cheated in any way. “From the inception of the project till its completion, whatever information is available to the project developer should also be available to the home buyer. To facilitate this, MahaRERA is closely monitoring the real estate sector at different levels, based on the existing regulatory norms,” ​​he said.

He further said that one of these is to ensure that every housing project is registered with MahaRERA and its latest status is updated every three months on the MahaRERA website. For this reason, MahaRERA insists that the compliance report of each project be submitted within the pre-determined deadlines. If a developer does not update the quarterly progress report of his project despite repeated follow-ups, MahaRERA will update the same without any hesitation.

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