HARERA GURUGRAM vs MAHIRA BUILDTECH PVT. LTD.

ffiHARERA ffiGURUGRAM area measuring L.

Tikampur, entities: iii. iv.

V. vi. vii. viii, Swaroop Raj Rani Wd/o Bisan Swaroop Kuldeep S/o Dharam Singh Suo motu complaint no.

RERA.GRG -2544-20 BEFORE THE HARYANA REAL ESTATE REGULATORY AUTHORITY, GURUGRA Suo Motu complaint No.

RERA-cRG-2544-2022 Registration No.

15 OF 2Ol9 dated 0L.O4.201-9 Name of promoter M/s Mahira Buildtech Pvt.

Ltd.

Name of proiect Mahira Homes 103 Location of proiect Sector 103, Gurugram Date oforder LL.O3.2024 The Director of Town & Country Planning, llaryana (DTCp) granted licensr: no.

3L of 20t9 dated 01.03.2019 under the Haryana Development and Regulation of Urban Areas Act, 1,97s & Haryan;r rules 1976 made thereunder for setting up of an affordable group housing colony over an acres in the revenue estate of village Daultabad and -Surender Singh- Dayanand Ss/o Sh, Ratan Singh ii.

Mahesh Kumar- Satish Kumar- Shiv Kumar Ss/o Bisan Gianwati Wd/o Jagdish Rajesh- Rajeev Ss/o Jagdish Anand Swaroop- Shree Kishan Ss/o Nawal Kishor Sita Ram- Rambir @ Rajbir- Laxminarayan and Krishan Ss/o Abhay Ram in collaboration with M/s Mahira Buildtech Pvt.

Ltd., 302 A,3.,r Floor, Global Foyer, Sector-43, Gurugra m-1,22001,.

Pagetofll 1/-.

3, GU && upto al estate opment) rfter due Haryana to as the by the promoter company, i.e.

M/s Town & Country Planning vide its developer company, its directors, 4.

Mahira Buildtech Pvt.

Ltd., the Director order dated 17.05.2022 blacklisted the AR[R, 1 URUORAM The afbresaid license is granted for a period of fiv 28.02.2024.

In pursuance to the above license, the promoter < Buildtech Pvt. [,td. made an application for regis project under Section 4 of the Real Estate [Regul Act, 201.6 (henceforth called Act of 20L6) to the consideration, the project was conditionally regi Real Estate Regulatory Authority, Gurugram fhenr Authority) with the following details: years and is valid uptr mpany i.e. mpany i.e., M/s Mahiri rtion of the real estatr :ion and Development uthority and after dur ered with the Haryani forth referred to as thr S.

No.

Particulars Details 1.

Registration No.

GGM/32 207e) /s3/201el15 (15 of 2.

01.04.2( .q 3.

Expiry of registration 13+6monthsCOVID ion \12 'LJ 4.

M/s Mah ra Buildtech Pvt.

5.

Namc of project Mahira H cmes 103 6.

Area of project 5.40347 rcres 7.

Affordab Colony 0,, Group Housing B, Location of project Sector l( 3, Gurugram 9.

Number of towers B reside shops rntial towers + 60 10.

Number of units 800 However, ue to various grave violations by the companv, i.e.

M Page2 of ll t!_ilq Date of registration Name of promoter Nature of project HARERA ffiGURUGRAM -t shareholders, and other authorized signatories from grant of license under the provisions of Act B of lg7s in the future.

The orders stated that: "wherees, on account of committing various grave violations in license no.

128 of 2019, 31 of 2019, 24 of 2020 and 66 of 2021 granted for development of affordable group housing colony in sector 63-A, L03,95 & 1,04, Gurugram, forged ond fabricttted bank guarantees and also forged signotures of the bank officials /officer on the bank guarantees which was submitted by czAR Buitdwell Pvt.

Ltd., at the time of grant of license no.66 of Z0Z1 and replacement of old bank guarantees in lieu ol'fresh bank guarantees submitted in three other licenses as indicated above which were issued to Mahira Buildtech pvt.

Ltd, and GZAR Builclwelt pvt, Ltd. tt has been accordingly decided to brackrist the developer company i.e Mahira Buildtech Pvt.

Ltd. and GZAR Buildwell pvt.

Ltd., rf.s Directors, shareholders and other authorized signatory from grant of any new license under the provisions of ActB of 1g7s in future.

Accordingly, all concerned are hereby directed not to process any application of above said compony, its Directors and shareholders for grant of license under the Act ibid.

Act ibid." As the promoter was blacklisted for committing various grave violations of the terms of the license, the Authority took suo-motu cognizance of the issucr relating to the affairs of the promoter of the project and initiated inquiry under Section 35 of the Act of 201,6 and accordingly, to protect the interest of the allottees, issued letter dated t9.os.zoL2 directing LDM, Canara Bank, Gurugram to freeze the bank accounts of the promoter in all projccts including "Mahira Homes 103" which were covered in the blacklisting order dated t7.05.2022.

For the purpose of conducting a preliminary inquiry, Engineering Executive and Executive Engineer (Monitoring) of the Authority visited the site of the project on 18.05.2 022 and a report about the physical status of construction 5.

6.

Page 3 of 11 "ffi ;4$i lcjILi/ HARERA GURUGl?AM i. '7 a. b. c. d. e. h. was submitted by them to the Authority.

As per physical progress of the project was approximatel .e report submitted, the \5-20o/o and progress of rate RERA Account out from the allottees after dated 27.05.2022 [received by the promoter on 3( promoter to furnish the following information construction works on the site of the project did seem commensurate to The Authority further the payments withdrawn from the bank observed that neither the QPRs (quarterly reports) nor the audited the promoter with the statement of accounts had been submitted by Authority in terms of Section 4 of the Acl,201-6.

Keeping in view the reasons recorded above, the Authority vide its notice 05,2022) called upon the ithin 7 days from the issuance of the notice: The total amount so far collected/rea m the allottees.

Allottee-wise schedule of Amount of work done so far at the site, Percentage of physical progress achieved.

Land cost of the project and proportiot rd cost ofa percentage of e amount realized from g. 'Ihe withdrawals from the separate where 700/o of the amount to be realized from allottees to be deposited. deposited. 'Ihe prool'of having withdrawn from the account after it is certified by an engineer, an architect, and z chartered accountant in on to the percentage of practice that the withdrawal is in p completion of the project.

The details of the balance available in the se RERA Account and whether it is the remaining amount in the of seventy percent of the total amount RERA-GRG-2544-2022 physical progress. 'fhe details of the Bank Accounts where tt allottees has been deposited/received. withdrawals as per provisions of Section (l)(D).

Page 4 of 11 ffiHARERA ffi GURUoRAM j Duly certified a accounts and an and2020-2021..

Certificate of the project and t proportion to l.

Wherever there Section 4(2)tl)( m.

Copy of docume Haryana in Development a The Authority gave 10,06.2022.

The Authority in i that the reply to Hence the Au 201,6 on being sa or Regulations made committed, ordered bank accounts i.e.

M account or any amou The promoter was by way of mortgagel unsold units further. conduct a forensic a above.

9.

On perusal ofthe Grandmark and Ass d signed by ual audited promoter were obse as listed below: Page 5 of 11 Suo motu complaint no.

RERA-GRG-2544-2022 a chartered accountant, a statement of accounts of the project for FY 201,9-20 Chartered Accountant that amounts collected for this withdrawals have been in compliance with the percentage of completion of the project, as been deviation/variation from the provisions of ) and the explanation relating to the same. re promoter was not in order, l6 under Section 36 of the Act of rtion of the Act, 2016 or Rules tted and continued to be ning the promoter for making withdrawal from Account/Separate RERA Account and the free until the conclusion of its enquiry or further orders. r restrained from creating any third party rights or any other manner on the project land, sold and and appointed M/s Grand Mark & Associates to it of the project account on the points mentioned sic audit report dated 05.L2. ted 05.L2.2022 submitted by M/s ates, grave lapses/ violations on the part of the B. ffiHARERA ffi"aJRuGRAM 1.

The promclter openerl accounts firstly with NB on 28.03.2019 and larer with ICICI Banl< on 08.07.2019 withour ng prior approval from RERA for opening of bank accounts with ICI The developer commenced receiving paym A/c from ZB.O3.ZOI9 and collected Rs.

6,90 it shall be withdrawn by the colonizer within a regard shall be filed with STp, Gurugram.

I Banl<. t from customers in pNB n from 08.07.201,9. dual 23 days. n 700/o RERA account has account on the basis of 30% free account Gurugram. colonizer against non- k and an ATR in this 00/- as prelaunch money before the date of RERA registration i.e.,01. .20L9.

The cleveloper is in default of operating d accounts with two banl<s at the same time as pNB a/c was in ration from 28,03,219 to 2B.0Z.0Z0 rvhile ICICI banl< af c are in opera accounts were in operatio nfor T months anc 4. 'l'otal I'uncls received of Rs.

I,224,232,41,1,/- lrccn transf'erred by the developer to 300/o fr lvritten rcquests made from time to time.

Excess drau,n funds from the 70% is Rs.

47 ,36,87 ,860 / _ and Rs ?

6 e7 completed at the site to the satisfaction of STp b.

The cancellation of allotment made by the the submission of thc rt for the project. dst No. datecl LC- 51,29 dated 2L.07.2022 withdrew the blacklisting order dated L7.05.Z02 bject to the following conditions: )cl payment in all these itional installment till proportional constructions against payments ready received by it are payment by allotteds on account of dispropo nate demands made by Suo motu com RERA-GRG 7{4420N nuwever, tne DTCP Haryana vide Er 4 4e B / LC / :t7 ss / LC37 7 2 / LC_ 41.7 B / AO (til) / 2022 Page 6 of 11 ffiHARERA ffi cuRuennM c, The colonizer flats mortgaged 11.Therefore, on recommendations observed that the in will be served on Further DTCP, Hary of its earlier order Czar Buildwell Pvt, the bank accounts promoter vide on 1 i. de on 1 i.

The promoter separate RE project is fi ly viable. ii.

The pro accountant, authority be withdrawn iii.

The promoter RERA or actual basis appointed by authority. iv.

The promoter account in p after it is accountant hall percentage of letion of the project.

Page 7 of 11 Suo motu complaint no.

RERA-GRG -254,4-20 I install a signboard at the site showing the detail of favor of DTCP. rusal of the comments and final proposal/ f the forensic auditor and expert consultant, it was rest of the allottees who have invested in the project if the construction work is resumed immediately. na vide its order dated 21..07.2022 ordered withdrawal 1,7.05.2022 regarding blacklisting of the firm M/s d.

Accordingly, the Authority had decided to de- freeze the project "Mahira Homes 103" on the request of the 04.2023 subject to the following conditions: hall bring back the unauthorized withdraw,n into thc account so that the residential component of the hall submit all requisite certificates from chartered neer and architect for withdrawal of funds to the bank and funds of the account may only not be allowed withdrawing any amount from account till he incurred proportionate cost on site and any amount to the contractor shall be paid on physical verification by monitoring consultant, to be ll only make withdrawals from the separate RERA to the percentage of completion of the project fied by an engineer, an architect, and a chartered the withdrawal shall be in proportion to the -ffi HARER,- W"eunGttAM v.

The promoter shall deposit back the loan amount paid to its group company and associates and other non- project- related withdrawals to the separate RERA account within six months. vi.

The promoter shall enter into an agreement for sale as prescribed in the Haryana Real Estate [Regulation and Development) Rules, 2077, and amended as per requirements and approved by the authority with the allottees within three months. vii. nths. vii.

T'he promoter shall not make any non- project- related expense rom the separate RERA account. viii. 'l'he promoter shall immediately start the construction work on the site in the interest of the allottees and for completion of the project. ix. 'l'he promoter shall submit a monthly physical progress report to the authority, Accorclingly, the letter to de-freeze the bank accounts of the project was dispatched to the concerned bank on L9.04,2023.

L2.The promoter failed to submit the compliance report of the conditions mentioned in the order of de-freeze of the bank accounts of the project, the Authority had issucd a show cause notice dated L9.I0.2023 to the promoter as why penal proceedings shall not be initiateC against them for non- compliance of conditions mentioned in the de-freeze of the bank accounts order datecl 1,9.04.2023, and the bank accounts of the project shall not be fieezed again.

An opportunity of hearing was provided to the promoter on 06.LL,2023.

13.

Since the promoter has neither complied with the conditions mentioned in the order dated 19.04.2023 regarding the de-freeze of bank accounts of the project nor submitted any reply to the show cause notice dated 19.1,0.2023, the Authority in its proceedings dated 06.11,.2023 decided to freeze the bank accounts of the project again and further restrained the promoter from creating any third- party rights on the project till further order.

Suo motu complaint no.

I RERA-GRG-z544-2022 Page B of 11 ffiHNRERA ffi eunUGRAM 14.

Further, on 06.11'.2023,the Authority had issued a show cause notice to the promoter for revocation of registration of the project "Mahira Homes L 03" with an opportunity of hearing on 11.1,2.2023, 15'On 1t.72.2023, itwas decided to put the matter on file regarding decision on revocation of registration of the project.

L6' Meanwhile, a meeting was held with officials of the National Institute of Financial Management, Faridabad to discuss the matter on 30.10.202:). .10.202:).

Further, vide their communication dated 02.11.2023, the Director Dl'CI), Haryana, decided to award consulting assignment on financial aspects relating to licenses granted to Mahira Group in Haryana.

The Authority shared the details of the projects pertaining to the promoter with the National Institute of Financial Management.

L7.lt was decided by the Authority to afford final opportunity of hearing to the promoter before revocation of the registration of the projects in continuation of the notice dated 06.1,L2023 as none was present on behalf of the promoter during the said hearing.

The said notice was issued on 2L.02.2024 for ahearing on t1.03,2024.

18. on 1,t.03.2024, Shri Pintu, Director [no authority letter was produced by him to enable him to appear on behalf of the cornpany) appeared on bchalf of the promoter along with Advocate Shri Rishabh Gupta.

Neither the director nor the Advocate had anything to say in the rnatter expect seeking an adjournment without any basis.

No reply was submitted to the show cause notice.

19.The Authority observes that the promoter has not only committed brazen violation of the Act of 201.6 but is also responsible for breach of laith with respect to the innocent allottees who invested their hard-earned money into the project in the hope of obtaining an affordable home, Many such allottees are suffering irreparable harm as they are living in rented accommodation and are paying EMIs to the banks.

The respondent +i:zliif l Page 9 of 11 RERA-GRG-2544-2022 ffiHARERI #" gunllGttAM promoter is a persistent defaulter and has defied and disregarded the lawful directions of the Authority.

20.

The Authority afler going through the above factual matrix of the matter and details brought on record in the foregoing paras, is satisfied that the promoter has willfully violated the provisions of Section 3, Section 412)(1)(c), Section (2)(l)(d), the Haryana Real Estate RegulatoryAuthority, Gurugram [Quarterly Progress Report) Regulations, 2 lations, 2018 and the Haryana Real llstate Regulatory Authority, Gurugram Real Estate Bank Accounts for the Registered Projects Directions, Zolg.

The promoter has further unlawfully diverted thr: amounts deposited by the innocent home-buyers into its own ru:lated companies.

In view of the above, the Authority deems it fit to revoke the relgistration of the project "Mahira Homes 103,,issued to M/s Mahira Buildtech Pvt, Ltd vide Registration No.

15 of 2}lg dated 01..04.201,9 under the provisions of Section 7(1)[a),[b) and (d) of the Real Estate [Regulation and Development) Act, 20!6, Haryana Real Estates IRegulation and Development) Rules,2Ol7 and Regulations of the Haryana Real Estate Regulatory Authority, Gurugram.

The Authority directs under Section 7 (l(a) of the Act of 2016 that the promoter shall be debarred from accessing its website in relation to that project and the name of the promoter shall be specified in the list of defaulters on the Authority's website.

It is further directed under Section Z$)(c) of the Act of 2016 that the concerned banks holding the project bank accounts shall freeze the accounts of the project till further orders, It is further directed under Section 7t4)td) of the Act of 2016 that the respondent promoter or any of its agencies is restrained from removing any material from the site of the project.

21.The promoter is further directed to submit within a period of three weeks certified copies o[; Page 10 of 11 ffiHARERA ffi GURUGRAM 7.

Complete Iist number), unit under section L2,14 without prejudice to. against the A copy of this order Authorities of the balance ou ing amount.

2, Complete set structural d facilities.

3.

The list of work on site contractor/ them.

4.

Bankaccount director of the 22.

Further that the f allottees falong number, amount Suo motu complaGt no.

RIRA. no.

RIRA.GRG -ZS4+-ZO with address, email id & contact received from each allottee and of sanctioned drawings, working drawings and including the drawing for services and common or/service providers engaged for completion of work order given to each of amount already paid to ong with a copy of the the project duly certified by the authorized continue to remain liable for his ohligations rd 1,8 of the Act of 201,6 and the above revocation is re right of the Authority to initiate penal proceedings nder section 63 of the Act of 2016. be endorsed to all other Real Estate Regulatory and Union Territories of the country, provider and detail u,:;t;d) Member, HAREM Chairman, HARERA Page 11 of I t Arora) (Ashok Member