Applicable Penalties Under RERA

Kishan Thakkar K

Here I have listed the penalties and non-compliances as per RERA. By providing such information, one will be able to take steps with the proper information and avoid any miscommunications. It is best to remain informed as much as possible.

A. Punishment for non-registration under section 3

If any promoter contravenes the provisions of section 3, he shall be liable to a penalty which may extend up to ten percent of the estimated cost of the real estate project as determined by the Authority.

If any promoter does not comply with the orders, decisions, or directions issued under sub-section (1) or continues to violate the provisions of section 3, he shall be punishable with imprisonment for a term which may extend up to three years or with a fine which may extend up to a further ten percent. of the estimated cost of the real estate project, or with both.

B. Penalty for contravention of section 4

If any promoter provides false information or contravenes the provisions of section 4, he shall be liable to a penalty which may extend up to five percent. of the estimated cost of the real estate project, as determined by the Authority.

C. Penalty for contravention of other provisions of this Act

If any promoter contravenes any other provisions of this Act, other than that provided under section 3 or section 4, or the rules or regulations made thereunder, he shall be liable to a penalty which may extend up to five percent. of the estimated cost of the real estate project as determined by the Authority.

D. Penalty for nonregistration and contravention under sections 9 and 10

If any real estate agent fails to comply with or contravenes the provisions of section 9 or section 10, he shall be liable to a penalty of ten thousand rupees for every day during which such default continues, which may cumulatively extend up to five percent. of the cost of the plot, apartment or buildings, as the case may be, of the real estate project, for which the sale or purchase has been facilitated as determined by the Authority.

E. Penalty for failure to comply with orders of Authority by the promoter

If any promoter, who fails to comply with, or contravenes any of the orders or directions of the Authority, he shall be liable to a penalty for every day during which such default continues, which may cumulatively extend up to five per cent., of the estimated cost of the real estate project as determined by the Authority.

F. Penalty for failure to comply with orders of Appellate Tribunal by the promoter

If any promoter, who fails to comply with, or contravenes any of the orders, decisions, or directions of the Appellate Tribunal, he shall be punishable with imprisonment for a term which may extend up to three years or with a fine for every day during which such default continues, which may cumulatively extend up to ten percent. of the estimated cost of the real estate project, or with both.

G. Penalty for failure to comply with orders of Authority by real estate agent

If any real estate agent, who fails to comply with, or contravenes any of the orders or directions of the Authority, he shall be liable to a penalty for every day during which such default continues, which may cumulatively extend up to five per cent., of the estimated cost of the plot, apartment or building, as the case may be, of the real estate project, for which the sale or purchase has been facilitated and as determined by the Authority.

H. Penalty for failure to comply with orders of Appellate Tribunal by real estate agent

If any real estate agent, who fails to comply with, or contravenes any of the orders, decisions, or directions of the Appellate Tribunal, he shall be punishable with imprisonment for a term which may extend up to one year or with a fine for every day during which such default continues, which may cumulatively extend up to ten percent. of the estimated cost of the plot, apartment, or building, as the case may be, of the real estate project, for which the sale or purchase has been facilitated, or with both.

I. Penalty for failure to comply with orders of Authority by the allottee

If any allottee, who fails to comply with, or contravenes any of the orders, decisions, or directions of the Authority he shall be liable to a penalty for the period during which such default continues, which may cumulatively extend up to five percent. of the plot, apartment, or building cost, as the case may be, as determined by the Authority.

J. Penalty for failure to comply with orders of Appellate Tribunal by allotted

If any allottee, who fails to comply with, or contravenes any of the orders or directions of the Appellate Tribunal, as the case may be, he shall be punishable with imprisonment for a term which may extend up to one year or with a fine for every day during which such default continues, which may cumulatively extend up to ten percent. of the plot, apartment, or building cost, as the case may be, or with both.

K. Offences by companies

Where an Offence under this Act has been committed by a company, every person who, at the time, the offense was committed was in charge of or was responsible to the company for the conduct of, the business of the company, as well as the company, shall be deemed to be guilty of the offense and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this subsection, shall render any such person liable to any punishment under this Act if he proves that the offense was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offense.

Notwithstanding anything contained in sub-section (1), where an offense under this Act has been committed by a company, and it is proved that the offense has been committed with the consent or connivance of, or is attributable to, any neglect on the part of any director, manager, secretary or other officers of the company, such director, manager, secretary or other officers shall also be deemed to be guilty of that offense and shall be liable to be proceeded against and punished accordingly.

Please note that, here

”company” means anybody corporate and includes a firm or other association of individuals; and

”director” in relation to a firm, means a partner in the firm

L. Compounding of offenses.

Notwithstanding anything contained in the Code of Criminal Procedure, 1973, if any person is punished with imprisonment under this Act, the punishment may, either before or after the institution of the prosecution, be compounded by the court on such terms and conditions and on payment of such sums as may be prescribed: Provided that the sum prescribed shall not, in any case, exceed the maximum amount of the fine which may be imposed for the offense so compounded.

Conclusion

Although I am aware that it is boring to read in detail. It is important that you read it through before communicating with the stakeholders. Research is a critical step before buying a home. That is where we come into the picture, you can reach out to us at info@roodland.com. Your comments and suggestions are important to us.

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