What is Revocation of registration under section 7 of The Real Estate (Regulation and Development Act, 2016). Revocation of registration is defined under Section 7 of the Act. Provisions under Section 7 are:
(1) The Authority may, on receipt of a complaint or suo motu in this behalf or on the recommendation of the competent authority, revoke the registration granted under section 5, after being satisfied that-
(a) the promoter
makes default in doing anything required by or under this Act or
the rules or the regulations made thereunder;
(b) the promoter
violates any of the terms or conditions of the approval given by
the competent authority;
(c) the promoter is involved in any kind of unfair practice or irregularities.
Explanation.-For the purposes of this clause, the term "unfair practice means" a practice which, for the purpose of promoting the sale or development of any real estate project adopts any unfair method or unfair or deceptive practice including any of the following practices, namely:-
(A) the practice of making any statement, whether in writing or by visible representation which,-
(i) falsely represents that the services are of a particular standard or grade;
(ii) represents that the promoter has approval or affiliation which such promoter does not have;
(iii) makes a false or misleading representation concerning the services;
(B) the promoter permits the publication of any advertisement or prospectus whether in any newspaper or otherwise of services that are not intended to be offered;
(d) the promoter indulges in any fraudulent practices.
(2) The registration
granted to the promoter under section 5 shall not be revoked
unless the Authority has given to the promoter not less than thirty days notice, in writing, stating the grounds on which it is proposed to revoke the registration, and has considered any cause shown by the promoter within the period of that notice against the proposed revocation.
(3) The Authority
may, instead of revoking the registration under sub-section (1),
permit it to remain in force subject to such further terms and conditions as it thinks fit to impose in the interest of the allottees, and any such terms and conditions so imposed shall be binding upon the promoter.
(4) The Authority, upon the revocation of the registration,-
(a) shall debar the
promoter from accessing its website in relation to that project
and specify his name in the list of defaulters and display his photograph on its website and also inform the other Real Estate Regulatory Authority in other States and Union territories about such revocation or registration;
(b) shall facilitate the remaining development works to be carried out in accordance with the provisions of section 8;
(c) shall direct the bank holding the project back account, specified under sub-clause (D) of clause (I) of sub-section (2) of section 4, to freeze the account, and thereafter take such further necessary actions, including consequent de-freezing of the said account, towards facilitating the remaining development works in accordance with the provisions of section 8;
(d) may, to protect the interest of allottees or in the public interest, issue such directions as it may deem necessary.
The Real Estate (Regulation and Development) Act, 2016
CHAPTER - II REGISTRATION OF REAL ESTATE PROJECT AND REGISTRATION OF REAL ESTATE AGENTS
CHAPTER III FUNCTIONS AND DUTIES OF PROMOTER
CHAPTER IV RIGHTS AND DUTIES OF ALLOTTEES
CHAPTER V THE REAL ESTATE REGULATORY AUTHORITY