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HRERA Suo Motu Complaint Registration Dated 28-05-2022

1. The Director of Town and Country Planning has blacklisted CZAR Buildwell Pvt Ltd, its directors, shareholders, and authorized executives for forging bank guarantees and signatures related to licenses for real estate projects. 2. An engineer visited a construction site and found that excavation work has started but no quarterly progress reports or audited accounts have been submitted. 3. The authority may investigate this project further since construction progress does not match payments received and required reports have not been filed. They may ask the developer to provide information on funds collected, allottee payments, construction progress, and bank account details.

Uploaded by

Kamal Bhardwaj
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© © All Rights Reserved
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0% found this document useful (0 votes)
59 views12 pages

HRERA Suo Motu Complaint Registration Dated 28-05-2022

1. The Director of Town and Country Planning has blacklisted CZAR Buildwell Pvt Ltd, its directors, shareholders, and authorized executives for forging bank guarantees and signatures related to licenses for real estate projects. 2. An engineer visited a construction site and found that excavation work has started but no quarterly progress reports or audited accounts have been submitted. 3. The authority may investigate this project further since construction progress does not match payments received and required reports have not been filed. They may ask the developer to provide information on funds collected, allottee payments, construction progress, and bank account details.

Uploaded by

Kamal Bhardwaj
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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subjech

Prornote -------

u$jfit*ry*flru:''l
1.

Parucutil Authorif
W as per forrowing

tii)
tr:"r,I.,;; Mrhi., ruor-urJOJ
[i ii_)
{3,rI.;;j,; 1A4B7Sr..u,
[iv)
lr.ruryIil.o,;
[vJ
ttr5ofrhry.q--il
Sector 104,
Cr*ffi
Ivi] a ffo.a, Ut u C.* p
Number of unit, Uo *-t nS

:1:3
Residunr,er
commercial
uniolnalz
(vii) Master Account No Units
921, O.ZOO3geO
S gA0 Aris Ban
k
raret Nagar, Old MG
Separate RERA Account Road, Gurgaon
No, (700/o 921.020039939 0 L0Axis
AccountJ Bank
Patel Nagar, OId MG
(ix) noad, Curgaon
Free Account
921,020039084437 Axis
Bank
Patel Nagar, OId MG Road,
Gurgaon
Contact e-mailaddress

2. TheDirectorTown&CountryPlanningvideitso.offi
its dirJctor,,,r,l.Jorders
i,ffI[XTi",*
signatorv from i:::,,,:""'1^^:t::r;
grant of ricensl ,nd.. the provis,or,
and other authorized
order reads as follows:
"whereas, on account of
"ioti:ffi;f,";'ilffi:lffi:
c.ommitting various grave viorations
31 of2019,24 of2020 and 6-6 of20i1
in ricense no. L2g of 201g,
dated, grantedfor deveropmentofaffordabre group
housing corony in sector-63A, L03, gs
a lb+, Gurugram, forged and fabricated bank
guarantees and arso
forged signatures of the bank offiiiotr/ifJii, on the
which wos submitted bankguarantees
by czAR Buildweir pvt Ltd.,
2021 and repracement the otd bank guarantees
ii fi,ti^'i oy gra'ntt of ricense No. 66 of
in rieu offresh pirt, cuorrrtees submitted
in the three other licenses as indicqted
above which wiie issued to Mahira
Buildtech pvt.

*il,ffi lt.i.SKtt$ffi H*:Hd[tH:]BwstHfirixu*i\.;"wtff.il.ri:,o,u


ACt I\O. 16
Act No. of ZUtO
IO OI 2016 Passed
Hassed bv
Dv tJIe Par[atnent
the Parliament
\-sq{r 0qP{qcq q laorsl$ft1, tqIfl15 Ttjff lk< urftrorul
ffiHARERA
ffi eunueRAM
Ltd'' its Directors'
Ltd.andCZARBuildwellPvt,Ltd,.tthasbeenaccordingtyde.c,ided,toblacklistthedeveloper
companv i''' uoiiiio"i'iiii"n 'y''iio'"i"Uii-suitawlt-wL
n'*'
"t :'l':;y':f;i;"::J':::yt
sharehotderso'i" ''!n;:*;ii'^
oi"i-ihotrized
'T:!i:-i:;;f;!'*,;;"j:ii:*'';l;::*;':llil';;::::;";;;;;;;;;"Mers r'r sran'c
*" Executives along
with
;ii;;'* und"' Act ibid'"
Sharma, Engineering
a report about
3. sh. Nikhil sr,rr*.'."n;"it,.-st "rt,anksrrL'iiir"in, iisitea iri site and
rr..utir. *n"'"in it is submitted onlv
coordinating rnginl"n"g
t' t"""i*"" " o'llii;;";; The construction at
site
physical status
r..-,r*.r1, g 8. + h* i.* 't 'iit' and neither quarterly
excavation wort( "ttttato,"tita
.^.i.;;;:t
does not seem ."il;r;".. no*nnutt audited report
filled'
Jil;;;i;ct are fu*irt.a and
progress reporr on this complaint/suo-
may consider it expedient to do so to
4. Therefore, the Authority
j,r'eJ, where it...*,
it,",.onr,ructron is not commensurate
motu relating * QPR'
tt't p'oitct neither'theproject
.off..,J;; *re atto=tteer'*J 'Ut"t or ...ounts of the
the paymen,
nor the audited ,,",.-.ni recorded
have been submitted "nnu.I rttping
or*ffi' in view the reasons
have been ,ru*i,il *i,t, ,n. furnish following information:
may call upon ffi;il;i.r,o
above, the Authoriry
from the allottees'
far collected/realised
(i) Total amount so
of payment received'
tii) Allottee wise schedule
of work done so
far on the site'
i,Ul Amount
phvsicar
c's'['r percen'iage'r
Il :::T::::::;ffi ::i::r;:il:::Tl''Iand
progress' allottees has
where the amount realized from
Accounts
fvil
LY, The details of the Bank
i."na"Posited/received'
to be deposited'
(vii)ThewithdrawalsfromtheseparateRERA.AccountwhereTOo/ooftheamount
to be realized from allotteeJiPs;;;i;"tily
after it is certified
withdrawn from the separate account
(viii) The proofs of having tf'artered accountant in practice that
the
by an engineer, an archite.r'ria'' of the project'
is in proportion to the percentage of completion
withdrawal
whether
in the separate RERA Account and
(ix) The details of the balance available ,"prrrt. Account out of seventy
it is remaining amount in irru ^from theRERA allottees after withdrawals as
percentage of total ,nlouri .urtized
of section 4tzXlXD)'
Pu, Pro,itions
accountant a statement of accounts
(xl Duly certified and signed by a chartered year 2Ot9-20 and
and annual audited ...ornJ, of if" project for the financial
for the financial Year 2020-21'
(xi)CertificateoftheCharteredAccountantthatamountscollectedforthisproject
with the proportion to the
and the withdrawals have b..n in compliance
percentage of completion of the project'

*^:fr :liiffi :efi [].qm,%yd:?e:$i$tEffi:S#i1*"*;T';:;"ffi xl'f it'io'u


Hd#' qrrq6'{or
ffi
(xii] l4/herever
4 (2) (tr

fxiiiJ.#iilTrd+ff
i; j if j ;Xffi:
H;i l:,:
copy;;#-:"__.1o":
:::y
relaring to sanre.
"" *. -,.the provisions of
va ri il n rro, a o
section
ffi ffi
:l,f #ff :,;[:H$.::ffi,fl#ffi ,f
The Authority
:,,.:ff ;ff T,,T;
mi
,l*,: rnt*ili r;fffi$:lfr1;..is.a
inwritingil;,#:i,1,3ff
s ves red i n i r
u

There is a likeli_ve
:f;flTjLll1iiZ"^ffi:ffi:,T:,#ff .T,nfii,
information and
explanatior.-_,
*.,

:'triii:r*rt;,,;::tl;ll;l{;n,,.*r;
and initiate inquirv
ru.r,;;;
urdu. iiirJn,,iTrTnT
uthoriry
ffiJ:"":nizance
of the Act ibid.

Ste4.-
(Shashank Sharma)
Engineering Execuilve
w>"'
(Nikhit Sharma)
Engineering Executive

Coordinating Engineering
Executive

Emall : [email protected], [email protected], slebsite : www.harera'in


ilG;tN ;"ati"t d undiiif.i-;*tfi
sectron tb-tf
20 the Real-Bstate ts:s'1lt':1-Td' Development\ Act' i
r.Hi"t"B"t^YJtB."gu\atronandDevelopment\Act,2o16
|n Authorig
lg):*E*St#",""iHHLStffi
qtf{qc
th.urrrrr*
''ffi'S.tilqiiiitr ii,ieo\ *€*6 \6
HARYANA REAL ESTATE REGULATORY AUTHORITY
ffiHARERA GURUGRAM

ffi GuRucRAM eRqTqr IFcttT frfoqrro srfufiqq gta;Tq-

New pWD Rest House, Civit Lines, Gurugram, HaryanaT4lflgq,d. Enre6 Rffoor{e'g5qrq'ERqtrfl

No. L6qs -LOtZ LB'o5' ?e)L


NOTICE TO THE PROMOTER UNDER SECTION 35 OF THE ACT OF 20:I.6

Haryana Real Estate RegulatorY M/s Buildwell Pvt. Ltd.


Czar
Authority, New PWD Rest House, 302-A,Global FoYer, Sector-43, Golf
Gurugram Course Road, Gurugram

its
Subiect: promoter to furnish information in writing and explanation relating to
affairs and appointment of persons to make an enquiry in relation to the
affairs of the promoter of the proiect - Mahira Homes 104 exercising the
powers vested in it under section 35 of the Real Estate (Regulation and
DeveloPment) Act, 2016.
1. The below mentioned project was rergistered by the Authority as
per follo'wing
details:
Sr. No. Particulars Details

Name of the project Mahira Homes 104


ti)
(ii) Name of the Promoter M/sCzar Buildwell Pvt. Ltd.

Area of the project 10.44375 acres


[iii)
(iv) Location of the Project Sector 104, Gurugram'

Nature ofthe Project Affordable GrouP Housing


Iv)
(vi) Number of units 1483 Residential Units and 224
Commercial Units

[vii) Master Account No' 92t020039865980 Axis Bank


Patel Nagar, Old MG Road, Gurgaon

(viii) Separate RERA Account No' [700lo 92t0200399390 10 Axis Bank


Account) Patel Nagar, Old MG Road, Gurgaon

(ix) Free Account 92L020039084437 Axis Bank


Patel Nagar, Old MG Road, GurgaorL

Contact e-mail address gu rga o n @-ma-h i r"ag.r o u P. c-o m


[x)
The Director Town & Country Planning vide its order dated t7 '05'2022
has
2.
authorized
blacklisted the developer company, its directors, shareholders and other
signatory from grant of license under the provisions of Act 8 of 1975
in future' The
order reads as follows:

Emau:[email protected]?t,'fii3til"t%ffi
P.-fi 3-1;!:f;"'#'J?;.ffi *l,S'i?,io,u
ru^,''3-"0"g{ it'x rt:ffi
An Au thoritv c on stitu ted - -n.i
x * 1u o
h "-a--,
l[rirdr'{fr frffi'*
".
Hlffins I n+ffi w€qrt6
6q,T sfi r 6

L
No. I Date
ffi
ffi
HARERA
M/s Czar Buildwell Pvt. Ltd. fMahira Homes 104 rtr+q fitr. GURUGRAh/

"Whereas, on account of committing vorious grave violations in license no. 1,28 of 2019,
31 of2019,24 of2020 and 66 of2021 dated, grantedfor developmentofaffordable group
housing colony in Sector-63A, 1.03, 95 & L04, Gurugram, forged and fabricated bank
guarantees and also forged signatures of the bank oJficials/officer on the bank guarantees
which was submitted by CZAR Buildwell Pvt. Ltd., at the time of grant of license No. 66 of
2021 and replacement the old bank guarantees in lieu offresh Bank Guarantees submitted
in the three other licenses as indicoted obove which were issued to Mahira Buildtech Pvt.
Ltd. and CZAR Buildwell Pvt. Ltd. lt has bercn accordingly decided to blacklist the developer
compony i.e. Mahira Buildtech Pvt. Ltd. & CZAR Buildwell PvL Ltd., its Directors,
shareholders and other authorized signatory from gront of any new license under the
provisions of Act B of 1975 in future. Accttrdingly, all concerned are hereby directed not to
process any application of above said company, its Directors and shareholders for grant
of license under the Act ibid."
3. Sh. Nikhil Sharma and Sh. Shashank Sharma, Engineering Executives along with
Coordinating Engineering Executive Sh. JS Sindhu visited the site and a report
about physical status of construction is placed on record wherein it is submitted
only excavation work for tower 2,3 [i.4 has been started at site. The construction
at site does not seem commensurate to the payments collected and neither
quarterly progress report of the project are furnished and nor annual audited
report filled.
4. Therefore, the Authority may consider it expedient to do so on this complaint/suo-
motu relating to this Act where it seems that construction is not commensurate to
the payment collected from the allottees and about the project neither the QPRs
have been submitted nor the annual audited statement of accounts of the project
have been submitted with the Authority. Keeping in view the reasons recorded
above, the Authority may call upon the promoter to furnish following information:

(i) Total amount so far collected/realised from the allottees.


(ii) Allottee wise schedule of payment received.
(iii) Amount of work done so far on tl"re site.
(iv) Percentage ofphysical progress achieved.
(v) Land cost of the project and proportionate land cost of percentage of physical
progress.
(vi) The details of the Bank Accounts,where the amount realized from allottees has
been deposited/received.
(vii) The withdrawals from the separate RERA Account where 70o/o of the amount
to be realized from allottees is mandatorily to be deposited.
(viii) The proofs of having withdrawn from the separate account after it is certified
by an engineer, an architect and a chartered accountant in practice that the
withdrawal is in proportion to the percentage of completion of the project.
[ix) The details of the balance available in the separate RERA Account and whether
itis remaining amount in the separate RERA Account out of seventy
Emall : [email protected], [email protected], Webslte : www.harera.in
An Authority cortstituted under section 20 the Real Estate (Regulation and Development) Act, 2016
Act No. 16 of 2016 Passed bv the Partament
rl-rirfl Gftqlr{ .fr Ptlrg vftf+w, zo r orfi zoir ordrrd rtBd clftqt{ul
^ugl
rnra cff EFd Eirr qtfoa zor cor .rftftqq w<fiir 16

2
ffiHARERA
ffi, GURUGRAM
as
from the allottees after withdrawals
percentage of total amount realized
p.. p.oritions of section 4(2)0)(D)'
(x)Dulycertifiedandsignedbyacharteredaccountantastatementofaccounts
and annual audited accounts "f
;;; proi..i rot the financial year 2019-20 and
2020-21'
for the financial Year
project
of the chartered Accountant
that amounts collected for this
(xi) certificate
andthewithdrawalshavebeenincompliancewiththeproportiontothe
project'
percentage of completion of the
from the provisions of section
\""/ wherever there has been deviation/variation
fviil
4t2)(l)(D) the explanation relating to
same'

(xiii)CopyofdocumentssubmittedtoDirectorTown&CountryPlanning,Haryana
incomplia,.."rrulesinpartlVor.t",.HaryanaDevelopmentandRegulation
of Urban Areas Rules' L976'
35 of the Real Estate
as vested in it under section
The Authority exercising powers

information ,na-"*ptunution within a period of 7 days from


[RegulationandDevelopment)Act,.20].6herebydirectthepromotertofurnishin
writing the above
6th of lune' 2022'
issuance of this notice i'e'' by
Ifreplyisnotreceivedwithinthestipulatedtime,thenAuthorityshallbe
affairs of the promoter regarding
this
constrained to order an inquiry inio ti,"
proceedings against the promoter'
project and will initiate penal

7. Ifyouhavefurthertosayanythinginthematter'youmay'lp:-'-l]:,-'ersonor
authorizeon.o._,orecharteredaccountantsorcompanysecretariesorcost his or its case
or legal practitionet' ot uny of its officers to present
accountants
am on t0'06'2022'
before the Authority ut f f 'OO
approvar of the authority.
Issued under the direction and
t
t^^l(,
secrbt{rv
Authority'
For: Haryana Real Estate Regulatory
Gurugram

"it'io'u
t#69,*;rygtp,ft r6{ur
:ffi},;iffi :eft #flffi,%:fd:lo+;ti!,ff:3#i1fi"*;H';I'Hxffi
a"r"Tiiiiq"ttff
ffi
HARYANA REAL ESTATE REGUTAIORY AUTHORITY
ffiHARERA GURUGRAM
eRutqr frftqr-f, qrft-fiur SrrJq-
ffiGURUGRAM Wc-qT

New pWD Rest House, Civil Lines, Gurugram, HaryanaflTfigq.d. frnret1-O frtroer{S'gtqrc'6ftqIuII

Proceedings of the Authority


complaint no.
in suo motu 26 L-tE - >o>L
Subiect: promoter to furnish information in writing and explanation relating to its
affairs and appointment of persons to make an enquiry in relation to the
affairs of the promoter of the proiect - Mahira Homes 104 exercising the
powers vested in it under section 35 of the Real Estate (Regulation and
DeveloPment) Act, 2016.

Present on behalf of f.S. Sindhu, Coordinating Engineering


Executive; Nikhil
Complainant: Sharma, Engineering Executive; Shashank Slharma,
Engineering Executive
*,****

1. The below mentioned project was registered by the Authority as per following
details:
Sr. No. Particulars Details
Name of the project Mahira Homes 104
ti)
(ii) Name of the promoter M / s Czar Buildwell Pvt' Ltd'

(iii) Area of the project L0.44375 aqes

(iv) Location ofthe proiect Sector 104, Gurugram'

Nature of the Proiect Affordable GrouP Housing


Iv)
(vi) Number of units 1483 Residential Units and 224
Commercial Units

Master Account No. 927020039865980 Axis Bank


[vii)
Patel Nagar, Old MG Road, Gurgaon

Separate RERA Account No. (700lo 92L020039939010 Axis Bank


[viii)
Account) Patel Nagar, OId MG Road, Gurgaon

Free Account 921020039084437 Axis Bank


Iix)
Patel Nagar, Old MG Road, Gurgaon

(x) Contact e-mail address gu rgaon(DmahiragrouP'com

2. The Director Town & Country Planning vide its order dated '05'2:'022 has 17
authorized
blacklisted the developer company, its directors, shareholders and other
signatory from grant of license under the provisions of Act B of 1,975
in future' The
order readsl as follows:
"where,as, on account of committing various grave violations in license
no' 128 of i|019'
group
31 of2t)19,24 of2020 and 66 of2021 dated, grantedfor developmentofaffordable
housingcolonyinSector-63A,103,95&l04,Gurugram,forgedandfabricatedbank

*f#:},,;,'"ffi :effi lllm,%r.,fi ?e:Efl":]%ffi P.fr fl*::&"*;T8il"ffi


Xl,Sitiio'u
**, ad.*\ &11,'9tffi";&&ff iqffi :H" cfr'{sr
'r nrra at dga gm qlfrd zo t 661 odqt{qg ir{trr{F' t 6
1
<eQ {+ -h{Lh - Li q"s - ?a2zL ffiHARERA
ffiGURUGRAM
guarantees and also forged signatures of the bank officials/fficer on the bank guarantees
which was submitted by CZAR Buildwell Pvt Ltd., at the time of grant of license No. 66 of
2a21 and replacementthe old bank guarantees in lieu offresh Bank Guarantees submitted
in the three other licenses as indicated above which were issued to Mahira Buildtech PvL
Ltd, and CZAR Buildwell Pvt Ltd. Ithas been accordingly decided to blacklistthe developer
company i.e. Mohira Buildtech Pvt. Ltd. & CZAR Buildwell Pvt. Ltd., its Directors,
shoreholders and other authorized signatory from grant of any new license under the
pnovisions ofAct B of 1975 in future. Accordingly, all concerned are hereby directed not to
process any application of above said company, its Directors and shareholders for grant
of license under the Act ibid.'
3. Sh. Nikhil Sharma and Sh. Shashank Sharma, Engineering Executives along with
Coordinating Engineering Executive Sh. JS Sindhu visited the site and a report
about physical status of construction is placed on record wherein it is submitted
only excavation work for tower 2,3 & 4 has been started at site. The construction
at site does not seem commensurate to the payments collected and neither
quarterly progress report of the project is furnished and nor annual audited report
filled.
4. Therefore, the Authority may consider it expedient to do so on this complaint/suo-
motu relating to this Act where it seems that construction is not commensurate to
the payment collected from the allottees and about the project neither the QPRs
have been submitted nor the annual audited statement of accounts of the project
have been submitted with the Authority. Keeping in view the reasons recorded
above, the Authority may call upon the promoter to furnish following information:
(i) Total amount so far collected/realised from the allottees.
[ii) Allottee wise schedule of payment received.
[iii) Amount of work done so far on the site.
(iv) Percentage ofphysical progress achieved.
(v) Land cost ofthe project and proportionate land cost ofpercentage ofphysical
progress.
(vi) The details of the Bank Accounts where the amount realized from allottees has
been deposited/received.
(vii) The withdrawals from the separate RERA Account where 700/o of the amount
to be realized from allottees is mandatorily to be deposited.
(viii) The proofs of having withdrawn from the separate account after it is certified
by an engineer, an architect and a chartered accountant in practice that the
withdrawal is in proportion to the percentage of completion of the project.
(ix) The details of the balance available in the separate REMAccount and whether
it is remaining amount in the separate RERA Account out of seventy
percentage of total amount realized from the allottees after withdrawals as
per provisions of section 4(2)flXD).

Emall: [email protected], [email protected], Webolte : www.harera.in


An Authority constituted under section 20 the Real Estate (Regulation and Development) Act, 2016
Act No. 16 of 2016 Passed bv the Parliament
q-sr<t 1Rfrrrra olh ftqrro srftf.frr, z o r orff ^trm z oil or&rd rrBd rrftrcrwr
rnra qff s{rq ERr qrftd zo l 6or qfgftqq riqio l 6
2
KeP* - 2t't: -?zo..m
HARERA
GURUGRAM
(x)Dulycertifiedandsignedbya.charteredaccountantastatementofaccounts
financial year 2019-20 and
and annual audited accounts
pr"i." for the
for the financial Year 2020'2t'
"rit.
amounts collected for this project
(xi) certificate of the chartered Accountant that
and the withdrawals have been in compliance
with the proportion to the
percentage of completion of the project'
the provisions of section
(xii) Wherever there has been deviation/variation from
4(2XIXD) the explanation relating to same'
& country Planning' Haryana
(xiii) copy of documents submitted to Director Town
Development and Regulation
in complian.. or rules in part IV of the Haryana
of Urban Areas Rules, L976'
in it under section 35 of the Real Estate
The Authority exercising powers as vested
direct the promoter to furnish in
(Regulation and Oevelo[ment) Act, 2016 hereby
within a period of 7 days from
writing the above information and explanation
issuanie of this notice i'e', by 6tr of Iune '2022'
time' then Authority shall be
If reply is not received within the stipulated of the promoter regarding this
affairs
constrained to order an inquiry into the
against the promoter'
project and will initiate penal proceedings
matter, you may appear in person or
7. If you have further to say anything in the
or company secretaries or cost
authorize one or more ;hartered accountants
of its officers to present his or its case
accountants or legal practitioners or any
before the Authority at 11'00 am on
10'06'2022'

Secretary to issue notice accordingly'

\,) - -/
(V.K. df,Yal) (Dr. K.K. Khandelwal, IAS(R))
Chairman
Member
HAREM, GGM
HAREM, GGM

Emau: h*reraBuru*ram@,8mal'""itt1ii3ff.t%ffiP.rufli"t:f;"*.?TH"ffiXl,S"ittiotu
An AuthoritY constituted
o*,J{i*$' o,ftr6-{ul
\-1

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