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Section 37: Annual Report

TRIPURA REAL ESTATE Rules 2017State Rules of Tripura · 2016

(1) The Authority shall prepare its annual report in Form 'P’.

(2) The authority may also include in the Annual Report such other matters as deemed fit by the Authority for reporting to the appropriate Government.

(3) The annual report shall, after adoption at a meeting of the Authority and signed by the Chairman and Members and authenticated by affixing the common seal of the Authority, with requisite number of copies thereof, be submitted to the appropriate Government within a period of one hundred and eighty days immediately following the close of the year for which it has been prepared, IAI [SEE RULE 3(2)] APPLICATION FOR REGISTRATION OF PROJECT To The Real Estate Regulatory Authority (Name of Place) Sir, [l/We] hereby apply for the grant of registration of [my/our] project to be set up at Tehsil District State

1. The requisite particulars are as under: -

(i)

(ii)

(iii) (W) (V)

(vi) a) b) C) d) e) f) OR Status of the applicant — [individual / company/proprietorship firm/ societies/ partnership firm / competent authority etc.]

In case ofindividual — Name Father’s Name Occupation Address Contact Details (Phone number, E-mail, Fax number etc.)

Name, photograph, contact details and address of the promoter In case of [firm / societies/ trust/ company/ limited liability / partnership / competent authority etc.]

a) Name b) Address c) Copy of registration certificate as [firm / societies/ trust/ company / limited liability / partnership / competent authority etc.]

d) Main objects e) Contact Details (Phone number, E-mail, Fax number etc.)

f) Name photograph, contact details and address of [chairman / partners / directors] and authorized person etc.

PAN No. of the promoter;

Name and address of the bank or banker with which account in terms of sub—clause (D) of clause (1) of sub-section (2) of section 4 will be maintained Details of project land held by the applicant Brief details of the projects launched by the promoter in the last five years, whether already completed or being developed, as the case may be, including the current status of the said projects, any delay in its completion, details of case pending, details of type of land and payments pending etc.

(vii)

(viii) (i Agency to take up external development works [Local Authority / Self Development];

Registration fee by way of a demand draft/ bankers cheque dated drawn on bearing no. for an account of Rs. /— calculated as per sub rule (3) of rule 3 or through online payment as the case may be (give details of online payment such as date paid, transaction no.

etc.);

Any other information the applicant may like to furnish.

[I/We] enclose the following documents, namely: -

(i) Authenticated copy of the PAN card of the promoter;

(ii) annual report including audited profit and loss account, balance sheet, cash flow statement, directors report and the auditors report of the promoter for the immediately preceding three financial years and where annual report is not available, the audited profit and loss account, balance sheet, cash flow statement and the auditors report of the promoter for the immediately preceding three financial years;

(iii) Authenticated copy of the legal title deed reflecting the title of the promoter to the land on which development of project is proposed along with legally valid documents for chain of title with authentication of such title;

(iv) details of encumbrances on the land on which development of project is proposed including details of any rights, title, interest, dues, litigation and name of any party in or over such land or no encumbrance certificate from an advocate having experience of atleast ten years or from the revenue authority not below the rank of tehshildar, as the case may be;

(v) where the promoter is not the owner of the land which development of project is proposed details of the consent of the owner of the land along with a copy of the collaboration agreement, development agreement, joint development agreement or any other agreement, as the case may be, entered into between the promoter and such owner and copies of title and other documents reflecting the title of such owner on the land on which project is proposed to be developed;

(vi) an authenticated copy of the approvals and commencement certificate from the competent authority obtained in accordance with the laws as may be applicable for the real estate project mentioned in the application, and where the project is proposed to be developed in phases, an authenticated copy of the approvals and commencement certificate from the competent authority for each of such phases;

(vii)

(viii) (M (X)

(xi)

(xii)

(xiii)

(xiv) (XV)

(xvi)

(i)

(ii)

(iii) Dated.............

Place ............

The sanctioned plan, layout plan and specifications of the proposed project or the phase thereof, and the whole project as sanctioned by the competent authority;

the plan of development works to be executed in the proposed project and the proposed facilities to be provided thereof including fire—fighting facilities, drinking water facilities, emergency evacuation services, use of renewable energy;

the location details of the project, with clear demarcation of land dedicated for the project along with its boundaries including the latitude and longitude of the end points of the projects;

proforma of the allotment letter, agreement for sale and the conveyance deed proposed to be signed with the allottees;

the number, type and the carpet area of apartments for sale in the project along with the area of the exclusive balcony or verandah areas and the exclusive open terrace areas with the apartment, if any;

the number and areas of garage for sale in the project;

the number of open parking areas and the number of covered parking areas available in the real estate project;

the names and addresses of his real estate agents, if any for the proposed project;

the names and addresses of the contractors, architect, structural engineer, if any and other persons concerned with the development of the proposed project;

a declaration in Form 'B’.

[I / We] enclose the following additional documents and information regarding ongoing projects, as required under rule 4, and under other provisions of the Act or the rules and regulations made thereunder, namely: - [I / We] solemnly affirm and declare that the particulars given herein are correct to [my/ our] knowledge and belief and nothing material has been concealed by [me / us] therefrom.

Yours faithfully, Signature and seal of the applicant(s) FORM '3' [SEE RULE 3(4)] DECLARATION, SUPPORTED BY AN AFFIDAVIT, WHICH SHALL BE SIGNED BY THE PROMOTER OR ANY PERSON AUTHORIZED BY THE PROMOTER Affidavit cum declaration Affidavit cum declaration of [Mr./Mrs.] [promoter of the project / duly authorized by the promoter of the project, vide its / his / their authorization dated ];

I, [promoter of the project / duly authorized by the promoter of the project] do hereby solemnly declare, undertake and state as under;

1. That [I / promoter] [have / has] a legal title to the land on which the development of the project is proposed or [have / has] a legal title to the land on which the development of the proposed project is to be carried out and a legally valid authentication of title of such land along with an authenticated copy of the agreement between such owner and promoter for development of the real estate project is enclosed herewith.

2. That the said land is free from all encumbrances or That details of encumbrances including details of any rights, title, interest, dues, litigation and name of any party in or over such land.

3. That the time period within which the project shall be completed by [me /the promoter] is

4. That seventy percent of the amounts realized by [me / the promoter] for the real estate project from the allottees, from the time to time, shall be deposited in a separate account to be maintained in a scheduled bank to cover the cost of construction and land cost and shall be used only for that purpose.

5. That the amounts from the separate account, to cover the cost of the project, shall be withdrawn by [me /the promoter] in proportion to the percentage of completion of the project.

6. That the amounts from the separate account shall be withdrawn by [me /the promoter] after it is certified by an engineer, an architect and a chartered account in practice that the withdrawn is in proportion to the percentage of completion of the project.

7. That [I / promoter] shall get the accounts audited within six months after the end of every financial year by a chartered accountant in practice, and shall produce a statement of accounts duly certified and signed by such chartered accountant and it shall be verified during the audit that the amounts collected for a particular project have been utilized for the project and the withdrawal has been in compliance with the proportion to the percentage of completion of the project.

8. That [I / promoter] shall take all the pending approvals on time, from the competent authorities.

9. That [I / promoter] [have / has] furnished such other documents as have been prescribed by the Act and the rules and regulations made thereunder.

10. That [I / promoter] shall not discriminate against any allottee at the time of allotment of any apartment, plot or building, as the case may be.

Verification The contents of my above Affidavit cum Declaration are true and correct and nothing material has been concealed by me therefrom.

Verified by me at on this day of FORM 'C' [See rule 5(1)] REGISTRATION CERTIFICATE OF PROJECT This registration is granted under section 5 to the following project under project registration number : [specify Details of Project including the project address];

1. [in the case of an individual] [Mr. / Ms.] son of [Mr. / Ms] Tehsil District State OR [In the case of a firm / society / company competent authority etc.]

[ firm / society / company competent authority etc.]

having its [registered office / principal place of business] at

2. This registration is granted subject to the following conditions, namely: —

(i) The promoter shall enter into an agreement for sale with the allottees as prescribed by the appropriate Government.

(ii)The promoter shall execute and register a conveyance deed in favour of the allotee or the association of the allottees, as the case may be, of the apartment, plot or building, as the case may be, or the common areas as per section 17;

(iii) The promoter shall deposit seventy percent of the amounts realized by the promoter in a separate account to be maintained in a schedule bank to cover the cost of construction and the land cost to be used only for that purpose as per sub—clause (D) of clause (1) of sub-section (2) of section 4;

(iv) The registration shall be valid for a period of years commencing from and ending with------------------ unless extended by the Authority in accordance with the Act and the rules made thereunder;

(v)The promoter shall comply with the provision of the Act and the rules and regulations made thereunder;

(vi) The promoter shall not contravene the provisions of any other law for the time being in force as applicable to the project.

3. If the above mentioned conditions are not fulfilled by the promoter, the Authority may take necessary action against the promoter including revoking the registration granted herein, as per Act and the rules and regulations made thereunder.

Dated.............

Place ............

Signature and seal of the Authorized Officer Real Estate Regulatory Authority FORM 'D' [See rule 5(2), rule 6(4), rule 7] INTIMATION OF REJECTION OF APPLICATION FOR REGISTRATION OF PROJECT/ REJECTION OF APPLICATION FOR EXTENSION OF REGISTRATION OF PROJECT/ REVOCATION OF REGISTRATION OF PROJECT From:

The Real Estate Regulatory authority (Name of the place) To [Application / Registration] No.:

Dated :

You are hereby informed that your application for registration of your project is rejected.

or You are hereby informed that your application for extension of the registration of your project is rejected.

or You are hereby informed that the registration granted to your project is hereby revoked. For the reasons set out: — Dated.............

Place ............

Signature and seal of the Authorized Officer Real Estate Regulatory Authority FORM 'E’ [See rule 6(1)] APPLICATION FOR EXTENSION OF REGISTRATION OF PROJECT From:

To Real Estate Regulatory Authority (Name of Place) Sir, [I / We] hereby apply for extension of registration of the following project;

Registered with the Authority vide project registration certificate bearing No.

which expires on As required [I /We] submit the following documents and information, namely: —

(i) A demand Draft No. / bankers Cheque No.

dated for rupees in favour of drawn on bank as extension fee as provided under sub rule (2) of rule 6 or through online payment as the case may be (give details of online payment such as date paid, transaction no. etc.);

(ii) Authenticated Plan of the project showing the stage of development works undertaken till date;

(iii) Explanatory note regarding the state of development works in the project and reason for not completing the development works in the project within the period declared in the declaration submitted in Form 'B’ at the time of making application for the registration of the project

(iv) Authenticated copy of the [permission/approval] from the component authority which is valid for a period which is longer than the proposed term of extension of the registration sought from the Authority;

(v) The Authenticated copy of the project registration certificate, and

(vi) Any other information as may be specified by regulations.

Dated.............

Place ............

Yours faithfully, Signature and seal of the applicant(s) FORM 'F’ [See rule 6(4)] CERTIFICATE FOR EXTENSION OF REGISTRATION OF PROJECT This extension of registration is granted under section 6, to the following project:

Registered with the Authority vide project registration certificate bearing No.

of;

1. [in the case of an individual] [Mr. / Ms.] son of [Mr. / Ms] Tehsil District State OR [In the case of a firm / society/ company competent authority etc.] [ firm / society / company competent authority etc.] having its [registered office / principal place of business] at

2. This extension of registration is granted subject to the following conditions, namely: —

(i) The promoter shall execute and register a conveyance deed in favour of the allotee or the association of the allottees, as the case may be, of the apartment, plot or building, as the case may be, or the common areas as per section 17’

(ii)The promoter shall deposit seventy percent of the amounts realized by the promoter in a separate account to be maintained in a schedule bank to cover the cost of construction and the land cost to be used only for that purpose as per sub—clause (D) of clause (1) of sub—section (2) of section 4;

(iii) The registration shall be valid for a period of [days / weeks / months ] and shall be Valid until

(iv) The promoter shall comply with the provision of the Act and the rules and regulations made thereunder;

(v) The promoter shall not contravene the provisions of any other law for the time being in force as applicable to the project.

(vi) If the above mentioned conditions are not fulfilled by the promoter, the Authority may take necessary action against the promoter including revoking the registration granted herein, as per Act and the rules and regulations made thereunder.

Dated.............

Place ............

Signature and seal of the Authorized Officer Real Estate Regulatory Authority FORM '6’ [See rule 8(1)] APPLICATION FOR REGISTRATION OF REAL ESTATE AGENT To Real Estate Regulation Authority (Name of Place) Sir, [I/We] apply for the grant of registration as a real estate agent to facilitate the sale or purchase of any plot, apartment or building, as the case may be, in real estate projects registered in the State in terms of the Act and the rules and regulations made thereunder;

1. [in the case of an individual] [Mr. / Ms.] son of [Mr. / Ms] Tehsil District State OR

2.

(iii) (W) (V)

(vi) [In the case of a firm / society / company competent authority etc.] [firm / society / company competent authority etc.] having its [registered office / principal place of business] at The requisite particulars are as under: -

(i) Status of the applicant, whether, [individual/ company/ proprietorship firm / societies/ partnership firm / limited liability partnership etc.]

(ii) In case of individual —

(a) Name of [Individual / Proprietorship firm]

(b) Father’s Name ( c) Occupation

(d) Address

(e) Contact Details ((Phone number, E-mail, Fax number etc.)

(f) Name, photograph, contact details and address of the promoter OR In case of [firm / society / company etc.] : -

(a)Name

(b)Address (c ) Copy of registration certificate as [firm / society / company etc.]

(d) Major activities

(e) Contact Details ((Phone number, E-mail, Fax number etc.)

(f) Name, photograph, contact details and address of [partners / directors etc.]

Particulars of registration as [proprietorship, societies, partnership, company etc.] including the bye laws, memorandum of association, articles of association etc. as the case may be.

Authenticated copy of the address proof or the place of business;

Details of registration in any other State;

Any other information as specified by regulation.

[I/We] enclose the following documents along with, namely: —

(i) Demand Draft/ Bankers Cheque No dated for a sum of Rs. in favour of drawn on bank as registration fee as per sub-rule (2) or rule 8 or through online payment as the case may be (give details of online payment such as date paid, transaction no.

etc.)

(ii)authenticated copy of the PAN card of the real estate agent; and

(iii) authenticated copy of the registration as a real estate agent in any other State or Union Territory, if applicable.

4. [I / We] solemnly affirm and declare that the particulars given herein are correct to [my / our] knowledge and belief and nothing material has been concealed by [me / us] therefrom.

Dated.............

Place ............

Yours faithfully, Signature and seal of the applicant(s) FORM 'H' [See rule 9(2)] REGISTRATION CERTIFICATE OF REAL ESTATE AGENT The registration is granted under section 9 with registration certificate bearing no. to [in the case of an individual] [Mr. / Ms.] son of [Mr. / Ms] Tehsil District State OR

3.

[In the case of a firm / society / company etc.] [ firm / society / company competent authority etc.] having its [registered office / principal place of business] at to act as a real estate agent to facilitate the sale or purchase of any plot, apartment building, as the case may be, in real estate projects registered in the Union Territory in terms of the Act and the rules and regulations made thereunder.

This registration is granted subject to the following conditions, namely: —

(i) The real estate agent shall not facilitate the sale or purchase of any plot apartment building, as the case may be, in a real estate project or part of it, being sold by the promoter which is required but not registered with the Authority.

(ii)The real estate agent shall maintain and preserve such books of account, records and

(iii) (W) (V)

(vi)

(vii)

(viii) documents as provided under rule 12;

The real estate agent shall not involve himself in any unfair trade practices as specified under clause (c ) of section 10;

The real estate agent shall facilitate the possession of all information and document, as the allottee is entitle to, at the time of booking of any plot, apartment or building, as the case may be;

The real estate agent shall provide assistance to enable the allottee and promoter to exercise their respective rights and fulfill their respective obligations at the time of booking and sale of any plot, apartment or building, as the case may be;

The real estate agent shall comply with the provisions of the Act and the rules and regulations made thereunder;

The real estate agent shall not contravene the provisions of any other law for the time being in force as applicable to him;

The real estate agent shall discharge such other functions as may be specified by the Authority by regulations;

The registration is valid for a period of five years commencing from and ending, with unless renewed by the Authority in accordance with the provisions of the Act or the rules and regulations made thereunder;

4. If the above mentioned conditions are not fulfilled by the real estate agent, the Authority may take necessary action against the real estate agent including revoking the registration granted herein, as per Act and the rules and regulations made thereunder.

Dated.............

Place ............

Signature and seal of the Authorized Officer Real Estate Regulatory Authority FORM 'I' [See rule 9(3), 10(4), 11] INTIMATION OF REJECTION OF APPLICATION FOR REGISTRATION OF REAL ESTATE AGENT/ REJECTION OF APPLICATION FOR RENEWAL OF REGISTRATION OF REAL ESTATE AGENT/ REVOCATION OF REGISTRATION OF REAL ESTATE AGENT/ From The Real Estate Regulatory Authority (Name of Place) To Sir, [Application / Registration No.:

Dated :

You are hereby informed that your application for registration as real estate agent is rejected.

or You are hereby informed that your application for the renewal of the registration as real estate agent is rejected.

or You are hereby informed that the registration granted to you as real estate is hereby revoked.

for the reasons set out: - Dated.............

Place ............

Signature and seal of the Authorized Officer Real Estate Regulatory Authority FORM '1' [See rule 10(1)] APPLICATION FOR RENEWAL OF REGISTRATION OF REAL ESTATE AGENT From To The Real Estate Regulatory Authority (Name of Place) Sir, [I / We] hereby apply for renewal my / our registration as a real estate agent under registration certificate bearing No. which expires on As required [I /We] submit the following documents and information, namely: —

(i) A demand draft/ bankers cheque No.

dated for rupees in favour of drawn on Drawn on bank as renewal fee as per sub—rule (2) of rule 10 or through online payment as the case may be (give details of online payment such as date paid, transaction no. etc.);

ii) The authenticated copy of the registration certificate; and iii) Status of the applicant, whether [individual/ company/ proprietorship firm/ societies/ partnership firm / limited liability partnership etc.];

iv) In case of individual —

(a) Name of [ Individual / Proprietorship Firm]

(b) Father’s Name

(c) Occupation

(d) Address

(e) Constant Details ( Phone Number, e- mail. Fax Number etc.)

(f) Name, photograph, contact details and address of the proprietor OR In case of [firm/ societies/ company etc.]-

(a) Name

(b) Address

(c) Company of registration certificate as [firm / societies / company etc.]

(d) Major activates

(e) Contact Details ( phone number, e-mail, Fax Number etc.)

(f) Name, photograph, contact details and address of [ partners/ directors etc.]

(v) particulars of registration as [ proprietorship, societies, partnership, company etc] including the bye-laws, memorandum of association, articles of association etc. as the case may be;

(Vi) authenticated copy of the address proof of the place of business;

(vii) authenticated copy of the PAN card of the real estate agents;

Viii) authenticated copy of the registration as a real estate agent in any other State or Union Territory, of applicable;

(ix) Any other information as specified by regulation.

2. [I/We] solemnly affirm and declare that the particulars given in herein are correct to [ my/ our] knowledge and belief and nothing material has been concealed by [ me/ us ] therefrom.

Dated Yours faithfully, Place ...........................

Signature and seal of the applicant(s) FORM 'K’ [See rule 10(4)] CERTIFICATE FOR RENEWAL OF REGISTRATION OF REAL ESTATE AGENT

1. This renewal of registration is granted under section 9 to — [in the case of an individual] [Mr./Ms.] son of [Mr./ Ms. Tehsil Disrict State ;

OR [in the case of a firm / society/ company etc] [firm / society / company etc] having its [registered office / principal place of business] at in continuation to registration certificate bearing No. ,of

2. This renewal of registration is granted subject to the following conditions, namely:—

(i)

(ii)

(iii) (W) (V) M) The real estate agent shall not facilitate the sale or purchase of any plot, apartment or building , as the case may be , in a real estate project or part of it, being sold by the promoter which is required but not registered with the authority;

The real estate agent shall maintain and preserve such books of account, records and documents as provided under rule12;

The real estate agent shall not involve himself in any unfair trade practices as specified under clause © section 10;

The real estate agent shall facilitate the possession of all information and documents, as the allottee is entitled to, at the time of booking of any plot, apartment or building, as the case may be;

The real estate agent shall provide assistance to enable the allottee and promoter to exercise their respective rights and fulfill their respective obligations at the time of booking and sale of any plot, apartment or building, as the case may be;

The real estate agent shall comply with the provisions of the Act and the rules and regulations made thereunder;

(vii) The real estate agent shall not contravene the provisions of any other law for the time being in force as applicable to him;

(viii) The real estate agent shall discharge such other functions as may be specified by the Authority by regulations.

3. The registration is valid for a period of five years commencing from and ending with unless renewed by the Authority in accordance with the provisions of the Act or the rules and regulations made thereunder.

4. If the above mentioned conditions are not fulfilled by the real estate agent, the Authority may take necessary action against the real estate agent including revoking the registration Dated .............

Place ...............

granted herein, as per the Act and the rules and regulations made thedreunder.

.......... Signature and seal of the Authorised Officer Real Estate Regulatory Authority FORM 'L’ [See rule 25(2)] APPEAL T0 APPELLATE TRIBUNAL Appeal under section 44 For use of Appellate Tribunal’s office;

Date of filing Date of [ receipt at the filing counter of the Registry/ receipt by post/ online filling];

Appeal No:- Signature:

Registrar :

Between IN THE REAL ESTATE APPELLATE TRIBUNAL (Name of place) Appellanta(s) And Respondent(s) Details of appeal:

1. Particulars of the appellants:

(i) Name (5) of the appellant:

(ii) Address of the existing office / residence of the appellant:

(iii) Address for service of all notices:

(iv) Contact Details ( Phone number, e- mail, Fax Number etc.)

2. Particulars of the respondents:

(i) Name (5) of respondent:

(ii) Office address of the respondent;

(iii) Address for service of all notices:

(iv) Contact Details ( Phone number, e-mail, Fax Number etc.):

3. Jurisdiction of the Appellate Tribunal:

The appellant declares that the subjects matter of the appeal falls within the jurisdiction of the jurisdiction of the Appellate Tribunal.

4. Limitation :

The appellant declares that the appeal is within the limitation specified in sub—section

(2) of section 44.

OR If the appeal is filed after the expiry of the limitation period specified under sub—section (2) of section 44 specify reasons for delay

5. Facts of the case:

(give a concise statement of facts and grounds of appeal against the specific order of the Authority or the adjudicating officer, as the case may be, passed under section(s) or rule(s) or regulations(s) ).

6. Relief(s) sought:

In view of the facts mentioned in paragraph 5 above, the appellant prays for the following relief(s) [Specify below the relief(s) sought explaining the grounds of relief(s) and the legal provisions (if any) relied upon].

7. Interim order, if prayed for:

Pending final decision on the appeal the appellant seeks issue of the following interim order:

[Give here the nature of the interim order prayed for with reasons]

8. Matter not pending with any other court, etc:

The appellant further declares that the matter regarding which this appeal has been made is not pending before any court of law or any other authority or any other tribunal(s).

9. Particulars of [demand draft/ bankers cheque or online payments] in respect of the fee interms of sub-rule (1) of rule 25:

i. Amount:

ii. Name of the bank on which drawn:

iii. [Demand draft number/ bankers cheque / online payment transaction number.] :

10. List of enclosures:

i. An attested true copy of the order against which the appeal is filed.

ii. Copies of the documents relied upon by the appellant and referred to in the appeal.

iii. An index of the documents iv. Other documents as annexed along with the complaint.

Signature of the appellant(s) Verification | (name in full block letters) [son / daughter] of the appellant do hereby verify that the contents of paragraphs [ 1 to 10] are true to my personal knowledge and belief and that I have not suppressed any material facts(s).

Place ....................

Date....................

Signature of the appellant(s) Instructions: (1) Every appeal shall be filed in English and in case it is in some other Indian language, it shall be accompanied by a copy translated in English and shall be fairly and legibly type—written, lithographed or printed in double spacing on one side of standard petition paper with an inner margin of about four centimeters width on top and with a right margin on 2.5 cm, and left margin of 5 cm, duly paginated, indexed and stitched together in paper book form.

(2) Every appeal shall be presented along with an empty file size envelope bearing full address of the respondent and where the number of respondents are more than one, then sufficient number of extra empty file size envelopes bearing full address of each respondent shall be furnished by the party preferring the appeal.

FORM 'M’ [See rule 34(1)] COMPLAINT TO AUTHORITY Complaint under section 31 For use of Regulatory Authority (5) office;

Date of filing Date of [ receipt at the filing counter of the Registry/ receipt by post/ online filing]:

Complaint No:

Signature;

Registrar:

IN THE REGULATORY AUTHORITIES OFFICE (Name of Place) Between complainants(s) And Respondents(s) Details of claim

1. Particulars of the complainant(s)

(i) Name (5) of the complainant:

(ii) Address of the existing office / residence of the complainant:

(iii) Address for service of all notices:

(iv) Contact Details ( Phone number , e-mail, Fax Number etc.):

2. Particulars of the respondents :

(i) Name (5) of respondent:

(ii) Office address of the respondent :

(iii) Address for service of all notices:

(iv) Contact Details ( Phone number , e-mail, Fax number etc.):

3. Jurisdiction of the authority:

The complainant declares that the subject matter of the claim falls within the jurisdiction of the Authority.

4. Facts of the case:

[give a concise statement of facts and grounds for complaint]

5. Relief(s) sought:

In view of the facts mentioned in paragraph 4 above, the complainant prays for the following relief(s) [specify below the relief(s) claimed explaining the ground 5 of relief(s) and the legal provisions ( if any) relied upon]

6. Interim order, if prayed for:

Pending final decision on the complaint the complainant seeks issue of the following interim order:

[give here the nature of the interim order prayed for with reasons]

7. Complainant not pending with any other court, etc,:

The complainant further declares that the matter regarding which this complaint has been made is not pending before any court of law or any other authority or any other tribunal(s).

8. Particulars of [ demand draft/ bankers cheque or online payment in respect of the fee in terms of sub —rule (1) or rule 34:

(i) Amount

(ii) Name of the bank on which drawn

(iii) [demand draft number/ bankers cheque / online payment transaction no.]

9. List of enclosures:

(i) Copies of the documents relied upon by the complainant and referred to in the complaint

(ii) An index of documents

(iii) Other documents as annexed along with the complaint Signature of the complaints(s) Verification I ( name in full block letters) [son/ daughter] of the complainant do hereby verify that the contents of paragraphs [ 1 tog] are true to my personal knowledge and belief and that I have not suppressed any material fact(s).

Place ......................................

Date ........................

Signature of the complainant(s) Instructions: (1) Every complaint shall be filed line English and in case it is some other Indian language, it shall be accompanied by a copy translated in English and shall be fairly and legibly type— written, Iithographed or printed in double spacing on one side of standard petition paper with an inner margin of about four centimeters width on top and with a right margin on 2.5 cm, and left margin of 5 cm, duly paginated, indexed and stitched together in paper book form.

(2) Every complaint shall be presented along with an empty file size envelope bearing full address of the respondent and where the number of respondents are more than one, then sufficient number of extra empty file size envelopes bearing full address of each respondent shall be furnished by the party preferring the complaint.

FORM 'N' {See rule 35(1) ] COMPLAINT 0T ADJUDICATING OFFICER Claim for interest and compensation under section 31 read with section 71 For use of Adjudicating officers office:

Date of filing Date of [receipt at the filing counter/ receipt by post / online filing]:

Complaint No:- Signature :

Authorized Officer:

IN THE ADJUDICATING OFFICERS OFFICE (Name of Place) Between complainants(s) And Respondents(s) Details of claim:

1. Particulars of the complainants(s):

(i) Name(s) of the complainants:

(ii) Address of the existing office/ residence of the complainant:

(iii) Address for service of all notices:

(iv) Contact Details ( Phone number, e-mail, Fax number etc.):

(v) Details of allottees apartment, plot or building , as the case may be:

2. Particulars of the respondents :

(i) Name (5) of respondents:

(ii) Office address of the respondents :

(iii) Address for service of all notices:

(iv) Contact details ( phone Number, e-mail, Fax number etc.)

(v) Registration no. and address of project:

3. Jurisdiction of the adjudicating officer:

The complainant declares that the subject matter of the claim falls within the jurisdiction of the adjudicating officer:

4. Fact of the case:

[give a concise statement of facts and ground of claim against the promoter]

5. Compensation(s) sought :

In view of the facts mentioned in paragraph 4 above, the complainant prays for the following compensations(s) [specify below the compensation (s) claimed explaining the grounds of claims (5) and the legal provisions ( if any) relied upon]

6. Claim not pending with any other court, etc:

The complainant further declares that the matter regarding which this complaint has been has been made is not pending before any court of law or any other authority or any other tribunal(s).

7. Particulars of [demand draft/banker cheque or online payment] In respect of the fee in terms of sub-rule (1) of rule 35:

(i) Amount:

(ii) Name of the bank on which drawn:

(iii) [demand draft number/ bankers cheque/ online payment transaction no]:

8. List of enclosures:

(i) Copies of the documents relied upon by the complainant and referred to in the complaint

(ii) And index of documents

(iii) Other documents as annexed along with the complaint Signature of the complainants(s) Verification | ( name in full block letters) [son/ daughter] of the complainants do hereby verify that the contents of paragraphs [1to 8] are true to my personal knowledge and belief and that I have not suppressed any material facts(s) Place ...............

Date Signature of the complainant(s) Instructions: (1) Every complaint shall be failed in English and in case it is in some other Indian language, it shall be accompanied by a copy translated in English and shall be fairly and legibly type— written, |ithographed or printed in double spacing on one side of standard petition paper with an inner margin of about four centimeters width on top and with a right margin on 2.5 cm, and left margin of 5 cm, duly paginated, indexed and stitched together in paper book form.

(2) Every complaint shall be presented along with an empty file size envelope bearing full address of the respondent and where the number of respondents are same than one, then sufficient number of extra empty file size envelopes bearing full address of each respondent shall be furnished by the party preferring the complaint.

FORM '0’ [See rule 36(1) ] ANNUAL STATEMENT OF ACCOUNTS Receipts and Payments Account For the year ended A/c Current _ Current Previous _ PreVIous A/C Code Receipts year As Payments year As year as on year as on Code on on

1. To Balance Brought 13 By chairperson down and Members

1.1 To Bank 13.1. By pay and Aallowances

1.2 To cash in hand 13.2. By other benefits

2. To fee, charges and 13.3 By travelling fine: expenses.

2.1 To fee 13.31 By overseas

2.2 To charges 13.32 By domestic

2.3 To fines 14. By officers

2.4 To others (specify) 14.1 By pay and allowances

3. To Grants 14.2 By retirement benefits

3.1 To accounts with 14.3 By other benefits government

3.2 To others (specify) 14.4 By travelling expenses:

4. To Gifts 14.4.1 By overseas

5. To seminars and 14.4.2 By domestic conferences

6. To sale of 15. By staff publications

7. To Income on 15.1 By pay and investments and allowances deposits

7.1 To income on 15.2 By retirement investments benefits

7.2 To income on 15.3 By other benefit deposits

8. To loans 15-4- By travelling expenses.

8.1 To Government 154-1- By overseas

8.2 To other (specify) 154-2- By domestic

9. To sale of Assets 16- By hire of conveyance

10. To sale of 17- By wages investments

11. To Recoveries from 18- By overtime pay bills

11.1. To loans and 19- By honorarium advances principal amount

11.2. To interest on loans 20- By other office and advances expenses

11.3. To miscellaneous 21- By expenditure on research

51. To others (specify) 22- BY consultation expenses

23. By seminars and conferences

24. By publications of authority

25. By rent and taxes

26. By interest on loans

27. By promotional expenses

28. By membership fee

29. By subscription

30. By purchase of fixed assets (specify)

31. By investments and deposits.

31.1 By investments

31.2 By deposits

32. By security deposits

33. By loans and advances to:

33.1 By employees

33.1.1. By bearing interest

33.1.2 By not bearing interest

33.2 By suppliers/ contractors

33.3. By others (specify) 1 2 5 6 7

34. By Repayment of loan 35 By others

35.1 By leave salary and pension

35.2 Contribution

35.3 By audit fee

35.4. By misc

36. By balance carried down

36.1 by bank

36.2 By cash in hand Total Total Chairperson (signature) Member(s) (signature) Secretary (signature) Officer In—charge (finance and Accounts) Income and Expenditure Account For the period 1St to 31St (in Rupees) A/C Expenditure Schedu Current Previous A/C income Schedul Current Previous code le year as year as code e year as year as onon on on

13. To 2. By fee charges A chairperson and fine and members

13.1 To pay and 2.1 Byfee allowance

13.2 To other C 2.2. By charges benefits

13.3 To traveling 2.3 By fines expenses

13.3. To overseas 2.4 By others 1 (specify)

13.3. To domestic 3. By Grants B 2

14. To officers 3.1 By account with government

14.1 To pay and 3.2 By others allowances (specify)

14.2 To D 4. By gifts retirement benefits

14.3 To other C 5. By seminars benefits and conferences

14.4 To traveling 6 By sale of expenses publications

14.4. Tooverseas 7 By income on 1 investments and Deposits

14.4. To Domestic 7.1 By income on investments

15. Tostaff 7.2 By income on Deposfls

15.1 To pay and 11.2 By Interest on allowance Loan and Advance

15.2 To 12 By retirement Miscellaneous benefits Income

15.3 To others 12.1 By Gain on benefits Sales of Assets

15.4 To traveling By Excess of expenses expendflure overincome

15.4. To overseas (Transferred to 1 Capflal Fund Account)

15.4. To domestic 2

16. To hire of conveyance

17. Towages

18. To overtime

19. To honorafiun1

20. To other office expenses

21. To expendflure onresearch

22. To consultation expenses

23. to seminars and conference

24. To publication of authority

25. To rent and taxes

26. To interest on loans 27 To promotional expenses 28 To membership fee 29 To Subscription To Others To leave Salary and Pension Contribution To Audit Fee T Misc To Depreciation To Loss on sale of assets To Bad Debts written off To Provision for bad and doubtful debts To Excess of income over expenditure (Transferred to Capital Fund Account) Total Total Chairperson (Signature) Member(s) (Signature) Secretary (Signature) Officer |n—charge (Finance and Accounts) Balance Sheet as on 31St (Monthly) (Year) A/C Liabilities Sched Current Previous A/C Assets Schedule Current Previous code ule year as year as code year as year as on on on on 40 43 Fixed Assets Founds

40.1 Capital Fund 43.1 Gross Block at Cost Add Excess of Less Income over Cumulative Expenditure depreciation /Less excess of Expenditure overlncome

40.2 Others Funds 42.2 Net Block (Specify) 41 Reserves 44. Capital Work in-progress

8. Loans 31. Investments & Deposits

8.1 Government 31.1 Investment

8.2 Others 31.2 Deposits 42 Current 33. Loans and Liabilities and Advances provisions

3.1 Account with Government 45 Sundry Debtors 36 Cash and Bank Balances 46 Other Current Assets Total Total Accounting Polities and Notes to Instruction : (1) The Schedule referred / referenced above shall be prepared by the Authority based on accounting principles followed by the appropriate Government or by other regulatory authorities or as suggested by the Comptroller and Auditor General of India from time to time.

(2) The Schedules referred to above shall form an integral part of the Income and Expenditure Account or the Balance Sheet, as the case may be.

Chairperson (Signature) Member(s) (Signature) Secretary (Signature) Officer In—charge (Finance and Accounts) FORM 'P' [See rule 37 (1)] ANNUAL REPORT TO BE PREPARED BY AUTHORITY A. Introduction:

(i) Chairman’s statement:

(ii) Objectives:

(iii) Important achievements:

(iv) The year in review:

a. Landmark decisions:

b. Legislative work:

c. Outreach programme:

(v) Capacity Building:

(vi) International engagements:

(vii) Impact on:

a. Allottees:

b. Promoters:

c. Real Estate Agents:

d. Economy:

B. Registration of promoters and real estate agents under the Act;

I. In relation to Promoters:

Sl No. Name of Address of Description of project for which Fee paid Registration Promoter promoter registration has been issued Number 1 2 3 4 5 6 Date of issue of Date on which Date of extension of Remarks registration registration expires registration with period of extension 7 8 9 10 II. In relation to Real Estate Agents:

SI. Nam Addres Registratio Registratio Date of Date on Date and Remark No e of s of n Fee paid n Number issue of which period of 5 Real Real registratio registratio renewal of Estat Estate n n registratio e Agent certificate certificate n Agent expires certificate 1 2 3 4 5 6 7 8 9 C. Number of cases filed before the Authority and the adjudicating office for settlement of disputes and number of cases disposed:

Sl. No. No. of cases pendingin the last quarter No of cases received No. of cases disposed with the Authority during the quarter by of by the Authority the Authority Sl.no. No.of cases pending in the last quarter No. of cases received No. of cases disposed with the adjudicating officer during the quarter by the adjudicating officer of by the adjudicating officer D. Statement on the periodical survey conducted by the Authority to monitor the compliance of the provisions of the Act by the promoters, allottees and real estate agents.

SI. no Survey conducted during the quarter Observation with details Authority of Remedial steps taken E. statement on steps taken to mitigate any non-compliance of the provision of the Act and the rule and regulations made thereunder by the promoters, allottees and real estate agents:

Sl.no Subject Steps taken Results achieved F. statement on directions of the Authority and the penalty imposed for contraventions of the Act and the rules and regulations made thereunder and statement on interest and compensations ordered by the adjudicating officer:

Sl.no. Name ofthe promoter Details of the directions Penalty / interest/ Whether paid issued by the authority/ compensations adjudicating officer imposed SI. no. Name of the Details of the Penalty / interest/ Whether paid allottee directions issued by compensations the authority/ imposed adjudicating officer Sl.no. Name of the real Details of the Penalty / interest/ Whetherpaid estate agent directions issued by compensations the authority/ imposed adjudicating officer Investigations and inquiries order by the Authority or the adjudicating officer: A brief narrative of investigations and inquires taken up by the Authority or the adjudicating officers and references received from the competent authority or the appropriate Government.

Orders passed by the authority and the adjudicating officers: A brief narrative of orders passed by the Authority or the adjudicating officers separately for where no offence is made out, and in case offence is proved, category-wise for each category of orders passed along with a tabular statement indicating the sections under which the order was passed and brief particulars of the orders.

Execution of the orders of the Authority and imposition of penalties:

(i) monetary penalties — details of recovery of penalty imposed, details of penalty imposed but not recovered, total number of matters and total amount of monetary penalty levied, total amount realized by resorting of rule 23; (ii) matters referred to court under section 59 — total number referred to the court during the year, total number of matters disposed of by the court during the year, total number of matters pending with the court at the end of the year;

(iii)matters referred to the court for execution of order under section 40 — total number of matters referred to the court during the year, total number of matters disposed of by court during the year, total number of matters pending with the court at end of the year;

Execution of the orders of the adjudicating officer and imposition of interest and compensation; (i) interest and compensations — details of interest and compensation imposed, details of interest compensation imposed but not paid, total number of matters and total amount of interest and compensations imposed, total amount of realized by resorting to rule 23; and (ii) matters referred to court for execution of order under section 40 - total number of matters referred to the court during the year, , total number of matters disposed of by court during the year, total number of matters pending with the court at the end of the year;

Appeals:

(i) Number of appeals filed against the orders of the Authority or the adjudicating officer in the year;

(ii) Number of appeals pending at the beginning of the year;

(iii) Appeals filed during the year;

(iv) Number of appeals allowed by the Appellate Tribunal during the year;

(v) Number of appeals disallowed by the Appellate Tribunal during the year;

(vi) Brief write up on the appeals allowed by the Appellate Tribunal;

Reference received from the appropriate Government under section 33; a brief narrative on references received from the appropriate Government under section 33 providing for - number of reference received during the year, number of references disposed of during the year, number of references pending at the end of the year.

Advocacy measures under sub-section (3) of section 33: a brief narrative on activities undertaken under sub-section (3) of section 33 — (i) workshops, seminars and other interactions with public / experts / policy makers / regulatory bodies on laws and policies relating to the real estate sector and for creating awareness on the same; (ii) papers and studies published for advocacy on laws and policies relating to the real estate sector and for creating awareness on the same; (iii) consultation papers published / placed on website of the Authority; (iv) analytical papers prepared and examined; (v) others;

Administration and establishment matters: (i) report of the Secretary; (ii) composition of the Authority; (iii) details of Chairperson and Members appointed in the year and of those who demitted office (iv) details of adjudicating officers appointed in the year and those who demitted office; (v) organizational structure; (vi) a tabular statement containing information on personal in the Authority, category-wise; sanctioned posts, posts filled up, vacancies, appointments made in the year etc.

Experts and consultants engaged: details of number of experts and consultants appointed in the year and of those who demitted office0000.

Employee welfare measures, if any, beyond the regular terms and conditions of employment, undertaken by the Authority.

Budget and Accounts : (i) budget estimates and revised estimates, under board categories;

(ii) receipts under board categories in the Real Estate Regulatory Fund established under sub-section (1) of section 75; (iii) actual expenditure under board categories; (iv) balance available in the Real Estate Regulatory Fund under sub-section (1) of section 75; (v) any other information.

International cooperation: A brief narrative of international cooperation, if any, undertaken by the Authority.

Capacity Building: A brief narrative of capacity building initiative undertaken including (i) number of employees (category wise and grade wise) trained in house with details of such programmes like content,, duration and faculty; (ii) number of employees (category wise and grade wise) trained by outside institutions (separately within Indian and outside India) with details of names of institutions and duration also to specify whether training was under internship, exchange programme, fellowships, study leave, special arrangements with foreign universities / institutions; (iii) expenditure of capacity building initiatives.

Ongoing programmes: A brief narrative of ongoing programmes.

U. Right to information: A brief narrative of (i) number of applications received by CPIO / ACPIO seeking information under RTI Act,; (ii) Number of applications for which information has been provided by CPIO; (iii) Number of applications pending with CPIO; (iv) number of appeals filed before the First Appellate Authority against the order of CPIO; (v) number of appeals which have been disposed of by First Appellate Authority; (vi) number of appeals pending with the First Appellate Authority; (vii) number of applications / appeals not disposed of in the stipulated time frame.

Member(s) (Signature)

Where this provision sits

ActTRIPURA REAL ESTATE Rules 2017
Section37
Marginal noteAnnual Report
JurisdictionState of Tripura
StatusIn force as published by the source

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