Status as on- 15/02/2021

The UPRERA (“Authority”) has de-registered two projects of Ansal API: ‘Pocket-2, Sector-P, Sushant Golf City, Lucknow’ and ‘Pocket-2, Sector-J, Sushant Golf City, Lucknow’. The strict action has been taken after the promoter could not provide a satisfactory response to the notices sent by the Authority.

Facts:

1. Various Complainants have made serious allegations of mismanagement by the promoter. In certain cases, the promoter does not have the project land. He made allotment to them without having the required land and thus gross negligence on them.
2. Also, large number of complaints have been made by the allottees of the projects registered with the authority, including non-possession of the apartments, non-refund of the amount deposited by the allottees, violating the terms and conditions of various agreement such as allotment letter and buyers agreement.
3. The Authority has conducted various audits and found financial irregularities of around Rs. 606 crore, which was diverted from the project for other purposes.

Order:

1. The Ansal API has been ordered to deposit a sum of Rs 9.4 crore in a separate account of the project in respect of the funds received from the allottees within 3 months to complete the other pending projects registered with the authority.
2. The Ansal API has been charged with a penalty of Rs. 1.6 crore, which is 5% of the total cost of the project which is clear violation of Section 4, 11 and 14 of the RERA Act, read with Section 38 and 61.

Conclusion:

The order of the authority is need of an hour for the strict implementation of the RERA Act, atleast in the current scenario where most of the people are doubting the credibility of the judgment of the various RERA Authority throughout the India.

Disclaimer – The above article is based on the personal interpretation of the related orders and laws. The readers are expected to take expert opinion before relying upon the article. For more information, please contact us at rera@centrik.in