MahaRERA takes suo motu action against two real estate agencies


The Maharashtra Real Estate Regulatory Authority(MahaRERA) has for the first time taken suo motu action against two real estate agencies based out of Pune and Kalyan for facilitating sale of unregistered projects.

MahaRERA chairperson Gautam Chatterjee slapped Rs 80,000 and Rs 40,000 as fine on the Pune and Kalyan projects, respectively, last week. MahaRERA officials said the suo motu action was taken by Chatterjee because in both the instances, “unregistered” projects were being sold. TheReal Estate (Regulation and Development) Act makes registration of projects a must before sale.

“For the real estate agents, it is mandatory to sell the registered projects. The authorities initiated the action because the projects sold in Pune and Kalyan were unregistered,” a senior RERA official told TOI.

In the case in Pune, an agency facilitated the sale of apartments in a project spread over a 100-acre township in the Haveli area through advertisements on various social media websites without mentioning any MahaRERA registration details. In the second case, an another agency facilitated the sale of apartments in an unregistered project in Kalyan by circulating SMSs dated August 9, 2019.

In both the cases, MahaRERA noted that the material placed before it prima facie revealed that the agencies had facilitated the sale of apartments in projects not registered (with MahaRERA). This was in violation of Section 10(a) of the The Real Estate (Regulation and Development) Act. The officials said MahaRERA decided to take suo motu cognizance in exercise of the powers conferred upon it under Section 35 of the Act. Subsequently, a notice to the agents was issued and they were told to appear before the authority and explain their stand on the issue.

“In both the cases, the respondents, or the registered agents, have tendered apology and vowed not to solicit, misguide or engage in such facilitation of advertisements or sale. They submitted an affidavit that such violations of the Act would not happen in future and that they would strictly comply with the provisions of the statutes and the rules, regulations, orders and circulars issued under it,” an official said.

MahaRera chairperson in his hearing accepted that the violations of the provisions of the Act were inadvertent and the agents did not have any intention to show non-compliance towards the Act or its rules.

He has taken an undertaking from both agents that such a violation of the Act would not happen in future.