THE RAJASTHAN REAL ESTATE REGULATORY AUTHORITY, JAIPUR (1) File No. F.15(251)RJ/RERA/C/2022 Suo Moto Versus Trimurty Colonizers & Builders ...Respondent (2) File No. F.15(252)RJ/RERA/C/2022 Suo Moto Versus Trimurty Landcon ...Respondent (3) File No. F.15(253)RJ/RERA/C/2022 Suo Moto Versus Trimurty Colonizers & Builders Pvt. Ltd. ... Respondent Present Shri Nihal Chand Goel, Hon’ble Chairman Adv Amit Ahuja, on behalf of the respondent, in all the three matters Date of Order: 09.01.2023 ORDER All these matters are of similar nature inasmuch as these raise a common question of law; and, therefore, have been heard together and are being decided by this common order. Facts of the case, pleadings and arguments In the present matters, a show cause notice was issued to the respondents on 01.08.2022 under section 60 read with section Page 1 of 12 Cr File No, F.15(251)/2022 & 2 other files4(2)(1)(D) and section 61 read with section 11(2) and section 13 of the Real Estate (Regulation and Development) Act, 2016 (hereinafter called ‘the Act’) for (i) having advertised their registered and completed projects without mentioning therein registration number of the project and website address of the Authority; (ii) not executing and registering agreements for sale before accepting more than 10% of sale consideration; and (iii) not depositing 70% of the amount received from the allottees in the Ss. No. separate bank account of the concerned project. A reply has been filed in all the three matters. A summary of Name of Project Name promoter land Type Trimurty The Future Colonizers & City A-1 Builders (Plotted Development) Trimurty _‘Trimurty’s Landcon Ariana (Group Housing) Trimurty Trimurty’s Colonizers & Gulmohar Builders Pvt. (Group Ltd. Housing) File No. F.15(251)/2022 & 2 other files Registration Status and registration No. Registered, RAJ/P/2018/ 676 Registered, RAJ/P/2017/ 017 Registered, RAJ/P/2017/ 569 Page 2 of 12 Date of ae ot ertificate/ Occupancy Certificate obtained 23.06.2022 04.05.2020 04.05.2020 07.09.2021 07.09.2021 23.06.2022 facts submitted by the respondents is given in the Table below: ate of | dvertisement 22.07.2022We have perused the replies submitted on behalf of the respondents and heard the arguments of their counsel, wherein mainly the following points have been made: (1) That the respondents have completed the impugned projects and obtained completion certificates from the competent authority and the same have been uploaded on RERA web portal. The respondents have also obtained occupancy certificates for these projects. Having done so, the respondents are no more bound by the Act to mention RERA registration number and website address in any subsequent advertisements, because RERA authority's function, as per section 32(b) of the Act, is “creation of a single window system for ensuring time bound project approvals and clearances for timely completion of the projects”. That being so, this Authority no more need to monitor the projects after those have been completed. (2) That, once their impugned projects have been completed and there remains nothing to be constructed, the respondents are no more required to comply with section 4(2)(1)(D) of the Act and accordingly deposit any amount realised from the customers in the separate bank account of the project to cover the cost of construction. ed Page 3 of 12 File No. F.15(251)/2022 & 2 other files(3) That, after their impugned projects stand completed, the respondents are not necessarily required to enter into any agreement for sale with the customers. After they have obtained completion certificate and occupancy certificate for these projects, they can directly execute a sale deed and accept, in one go, total sale consideration amount of the unit(s) that are sold. The language of the form of agreement for sale prescribed under the Rajasthan Real Estate (Regulation and Development) Rules, 2017 (hereinafter called ‘the Rules’