THORITY, THE RAJASTHAN REAL ESTATE REGULATORY AU ae a . JAIPUR Suo Moto ae 4. Yuvraj Khandelwal (Proprietor: M/s Univision Builders) _..Respondent-promoter 2. Shri Inder Pal Singh __.Respondent-landowner File No. F.3(503)RJ/RERA/P/2017 : Present Shri Nihal Chand Goel, Hon’ble Chairman (1) None present on behalf of the respondent-promoter (2) Adv Siddharth Ranka and Adv Mitesh Rathore, present on behalf of the respondent-landowner Date of Order: 06.09.2021 zy : ORDER js In the present matter, a show cause notice was issued to the cy rg respondent-promoter on 09.02.2021 under section 8 and section 61 read with section 11(4)(b) of the Real Estate (Regulation and Development) Act, 2016 (hereinafter called ‘the Act’) for having failed to complete his registered project ‘Modigarh Enclave’ (registration no. " RAJ/P/2017/519) within the validity of its registration, which had expired on 11.05.2020. In response to the aforesaid notice, the respondent-promoter submitted in reply that project could not be completed on time due to corona pandemic and that they be allowed an extended time period to complete the project. This reply was in contradiction of the Page 1 of 9 File No. F.3(503)/2017 ~\-application the respondent-promoter had submitted earlier on 25.08.2020 for revocation of registration of the project, while stating that they have decided not to continue with the project due to market conditions and that there is no booking, advance payment or allotment in the project. Therefore, a notice for hearing was issued on 22.06.2021 to the respondent-promoter. On 28.06.2021, the date fixed for hearing on the above notice, the respondent-landowner appeared and prayed that he be impleaded as a party respondent as he has filed on 16.06.2021 an application under section 15 of the Act for transfer of the project, i.e., for change of promoter of the project and recognising the landowner as promoter of the project. As the respondent-promoter had no objection to it, Shri Inder Pal Singh, the landowner was added as party respondent to the present matter and his said application under section 15 of the Act was clubbed with the present matter. On 05.07.2021, the respondent-landowner filed a written submission. On 02.08.2021, Adv Nidhi Khandelwal appeared on behalf of the respondent-promoter and submitted a written reply. Arguments were heard in part. Some further documents submitted on behalf of the respondent-landowner were taken on record and Adv. Nidhi Khandelwal was allowed time to file her written submissions in ON Page 2 of 9 File No. F.3(503)/2017response to the documents submitted by the respondent-landowner, which she has filed on 27.08.2021. The matter was further heard today, when the respondent- promoter and his counsel have chosen to stay away from the proceedings. No one has appeared on behalf of the respondent- promoter either in person or through video conference. Thus, having heard the matter and having perused entire record of the case, we find that the impugned project ‘Modigarh Enclave’ was registered with this Authority under the Act, vide registration No. RAJ/P/2017/519, with the estimated finish date of 11.05.2020, the i\date declared by the respondent-promoter under sub-clause (C) of clause (I) of sub-section (2) of section 4 of the Act. Admittedly, the project has not been completed by that date and not even till date. In the meanwhile, a deed of cancellation (hereinafter called ‘cancellation agreement’) has been executed on 12.08.2020 between the respondent-promoter and the respondent-landowner whereby the property development agreement dated 19.02.2016, which formed the basis of this joint collaboration project, has got cancelled. Based on the documents submitted by the respondent-landowner, it is apparent that, in terms of the cancellation agreement, the respondent- landowner has already been given possession of the project a year . ago and he has been developing the project at his level ever sin