GOVERNMENT TALKS - CIRCULARS ISSUED

SUO MOTO COMPLAINT NO : 1/2018

Order dated : 8th February,2018

With a view to having uniformity, MahaRERA had through scrolls on its website and also by sending emails, informed all the promoters of registered project, the manner MahaRERARegn No and MahaRERA website address should be displayed in various advertisements or brochures made by registered promoters.

ln spite of the same, it has come to the notice of MahaRERA that the aforementioned promoter has published an advertisement in the newspaper Times of lndia - Sunday Times on page number 1 dated 4th February 2018. The mentioned advertisement has prima facie violated the section 11 (2) of the Act by not mentioning the websiteaddress of MahaRERA. ln addition, the advertisement has carried a "Disclaimer" which also prima facie violates the provision of Section 14(2) of the Act.

The promoter appeared and was represented by their advocate. They accepted that the alleged violations of the provisions of the Act are totally inadvertent and they did not have any intention to show non compliance towards the provisions of the Act or rules or regulations made there under. They offered unconditional apology and requested of not imposing any penalty for the alleged violation. They have further provided an undertaking that no such violation of the Act would happen in the future and the promoter wilt strictly comply with the provisions of the Act, rules, regulations and orders/circulars issued there under.

A detailed text of the above Order and similar such Orders can be accessed at: https://maharera.mahaonline.gov.in/Site/ViewPDFList?doctype=xryWH9CIwQC796U4zjciqFANv7WuD8tCXI3ylxH5Mr_N6blARPV_WNzmIrYVNlFltEEJvMTXHgJYvY9Wc0seK7Ksra2iCC64z9N0n8YHKQw=

SUO MOTO COMPLAINT NO : 7/2018

Order dated : 8th February,2018

It has come to the notice of MahaRERA that the aforementioned promoter has published an advertisement in the newspaper Bombay Times dated 2"d February 2018. The mentioned advertisement has prima facie violated section 3(1) by advertising a non-registered project and section 11(2) of the Act by not mentioning the website address of MahaRERA. In addition, the advertisement has carried a "Disclaimer" which also prima facie violates the provision of Section 1412) of the Act. They offered unconditional apology and requested of not imposing any penalty for the alleged violation. They have further provided an undertaking that no such violation of the Act would happen in the future and the promoter wilt strictly comply with the provisions of the Act, rules, regulations and orders/circulars issued there under.

MahaRERA accepts the contention of the promoter that the aforesaid violations of the provisions of the Act have happened unintentionally. Therefore, only a token penalty, under the provisions of section 59(1) penalty of Rs. 10,00,000/-and under section 61 of the Act Rs. 2,00,000/- is imposed and the Promoter is hereby directed to pay a penalty of Rs 12,00,000/- (Rupees twelvelakh only) and further warned to ensure that such violation is not repeated in future.

A detailed text of the above Order and similar such Orders can be accessed at: https://maharera.mahaonline.gov.in/Site/ViewPDFList?doctype=xryWH9CIwQC796U4zjciqFANv7WuD8tCXI3ylxH5Mr_N6blARPV_WNzmIrYVNlFltEEJvMTXHgJYvY9Wc0seK7Ksra2iCC64z9N0n8YHKQw=

In accordance with the provisions of Section 71 of RERA Act,2016 for the purpose of adjudicating compensation under Section 72, 74, 78 & 19, the Authority shall appoint in consultation with the appropriate Government one or more judicial officers as deemed necessary who has or has been DistrictJudge to be an Adjudicating Officer.

Whereas in exercise of powers conferred under section 71 of RERA Act, 2016, the Authority in consultation with Government appointed the following retiredDistrict Judges as Adjudicating

Officers on its Panel :

  1. Shri Madhav Vithal Kulkarni
  2. Shri BhaleSambhaji Balaji

The work of new adjudicating officers commenced from 1st March, 2018.

The Circular can be viewed at:https://maharera.mahaonline.gov.in/Upload/PDF/Adjudicating%20officer.pdf

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