1. In the instant matter, a show cause notice was issued to the respondent promoter under sections 35, 36, 37 and section 38 read with section 7, 11 (1), 61 and section 63 of the Real Estate (Regulation and Development) Act, 2016 (hereinafter called ‘ the’) and Rule 16(1)(D) of the Rajasthan Real Estate (Regulation and Development) Rules, 2017 (hereinafter called ‘the Rules’) for imposition of penalties and revocation of registration due to non-submission of Quarterly Progress Reports (QPRs) on RERA web portal. The said show cause notice brought to the attention of the respondent that under section 11(1) of theread with rule 16(1)(D) of the Rajasthan Real Estate (Regulation and Development) Rules, 2017 (hereinafter called ‘the Rules’), he was required to upload Quarterly Progress Reports (QPRs) on RERA web portal so as to update the project details available for public viewing. He was also reminded of the Authority’s order No. F.1(167)RJ/RERA/ QPR/2020/12, dated 01.01.2021 read with clarifications/amendments issued in relation thereto on 04.01.2021, 09.03.2021, 25.03.2021, 31.05.2021 and 28.06.2021, whereby he was directed to submit online the pending QPRs of all quarters upto the quarter ending on 30.06.2021, latest by 31.07.2021 and all subsequent QPRs within 15 days of the end of quarter;
2. Upon a review of online project details, it had come to the notice of the Authority that the respondent had failed to submit online QPR(s) of the project(s)/quarter(s) indicated in the notice, within the time allowed. The show cause notice directed the respondent to show cause and explain as to (1) why a penalty of upto 5 percent of the estimated cost of the project(s) be not imposed on him under section 61 of thefor the aforesaid violation of the provisions of section 11(1) of theread with rule 16(1)(D) of the Rules; (2) why a per-day penalty be not imposed on him under section 63 of the Act, for non-compliance of the Authority’s aforesaid order dated 01.01.2021 as clarified/ amended from time to time; and (3) why the registration of the project in question be not revoked, under section 7(1)(a) of the Act, for his alleged default in submission of QPRs as required under the aforesaid provisions of the and the Rules and the directions issued under the.
2. The matter came up for hearing today. Advocate Shruti Rai and Adv Samkit Jain were present on behalf of the respondent. They submitted that all the pending QPRs have been filed for which the notice has been issued by the Authority. It was also submitted that this being a lapsed project, they are in the process of applying for extension of the project. Advancing the aforementioned arguments, they pleaded for the discharge of the notice issued by the authority and dropping of the proceedings.
3. We have perused the record of the case as well as the online records of the Authority as on date and considered the arguments advanced by the Respondent and the factual position stated by them present at the hearing. It was confirmed that after the issue of the notice of this Authority, the pending QPRs have been filed and uploaded on the web portal of the Authority, therefore, all the due QPRs stand uploaded.
4. In view of the foregoing circumstances, the compliances having been made by the Respondent, the notice is discharged and the proceedings are dropped with the direction that they would apply for the extension of the project after 2020 immediately.
