Penalty

(1) If any promoter, ─ (a) has failed to submit the declaration under section 9 or any amendment thereto; or (b) has failed to form the association of allottees as per Section 15; or (c) has failed to execute the deed of transfer of apartment under section 8; or (d) has handed over the possession of the apartment without obtaining Occupancy Certificate, he shall, at the instance of the Secretary of the association of allottees or any official duly authorised by the Executive Committee by the association of allottees or an aggrieved apartment owner or in a proper case the competent authority, on conviction, be liable to be punished with fine which may extend to five lakh rupees and a further fine which may extend to two thousand rupees for every day during which such contravention continues after the conviction. (2) If any promoter, except the offence as provided in sub-section (1), or an association of allottees or an apartment owner contravene any provisions of this Act or rules or any provision of the bye-laws or commit breach of any provision of bye-laws or of any covenant, condition or restriction set forth in the deed of transfer or declaration or does anything detrimental to the health and safety of public, the Competent Authority may issue, either suo-motu or on an application from any person affected, a notice to such promoter or association of allottees or an apartment owner to show cause why penalty should not be imposed and if no sufficient cause is shown, the Competent Authority may impose for each contravention or for breach, a penalty which may extend to Rs. 20,000 and further sum which may extend to one thousand rupees for each day till the breach or contravention continues. (3) The penalty under sub-section (2) may be recovered as an arrear of land revenue in case promoter or association of allottees or an apartment owner on whom such penalty is imposed fails to pay such penalty within the time as directed by the competent authority.