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Gurugram: Haryana real estate regulator authority (Rare), Gurugram asked on Monday Bank of Baroda To stop the auction of a commercial project in Sector 109 without settling the claims of the allottees. The bank was ready to conduct the e-auction on January 24 CHD E-way Tower Sector 109, Gurugram.
According to an official statement, the quorum of the authority comprising the chairman and three members found that the bank’s e-auction effort lacked consideration and settlement of claims of individual allottees, who are genuine stakeholders in the project.
The order states, “Bank of Baroda is hereby restrained from proceeding of the e-auction dated 24/01/23 without considering and disposing of the claims of the individual allottees.”
The authority also ordered a forensic audit of the accounts. CHD Developers Ltd. which is facing allegations of diversion of funds for the project.
The Bench directed the RERA Planning Branch to initiate proceedings against the developers for non-registration of the above project under Sections 3 and 4 of the RERA Act 2016.
The complaint in this regard was registered on January 20, 2023.
The complainant had booked a unit in the commercial project CHD E-Way Tower in Sector 109 for an aggregate sale consideration of Rs 35,67,452 while executing a builder-buyer agreement.
The complainant submitted, “The third party rights which have already been created in the project in question have not been taken into account by Bank of Baroda which would seriously jeopardize their interests and should be stopped.”
The order states, “…the allottees were informed through the promoters as well as newspaper advertisement that the 2.025 acres of land in Sector 109 on which the project is situated, was put up for sale by Bank of Baroda through e-auction on 24 /01/2023 in which all the allottees share their reserved rights on the basis of BBA. It is submitted that the rights created for the allottees are absolute rights which cannot be encumbered by any other third party could.”
The Authority observed that all the allottees who have signed the BBA will be affected by the e-auction.
KK KhandelwalThe chairman of RERA said, “Keeping in view the larger interest of the allottees, we have banned the e-auction of the bank.”
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