Real Estate Regulation Authority in Uttar Pradesh has started its operations to adjudicate the grievances of home-buyers. In our continuous efforts to keep the home- buyers informed regarding some of the important issues decided by RERA authority. We would like shed some lights on some of the important points decided by UP RERA.
1. Decided – RERA is applicable to the on-going project as the cause of action still survives.
In almost every complaint, the builders are discarding their liabilities contending that, regulation of Act are not applicable since the project has are started in Pre RERA Era and the cause of action survives in Pre RERA Era and hence only case is not maintainable with the Hon’ble Authority. Whereas it is not the a substantial defence, as per the Act the promoter can be held liable for the delay in possession from pre RERA Era if the cause of action still survives.
2. Decided – Builder to refund the amount paid by the homebuyer on account of delayed possession
In many of the complaint the builder was alleged for not refunding the amount paid by the buyer, when there is a delay in possession. As per Section 18 of the Act the buyer has a right to withdraw his amount from the project if there is a delay. The Hon’ble RERA authority almost in every case directed the builder to refund of the full amount paid the home buyer, if there is legitimate delay in possession as per the signed agreement except, where delay is due to force-majure.
3. Decided – Illegitimate demand by builders are illegal and are to be borne by him only.
In some of the complaints, the buyer has alleged to charge the price which exceeds the agreed cost of the unit and termed it as farmer’s compensation, development charges, authority charges etc. The authority in all those cases gave relief to the complainants by refusing the claims of the builder or extra charges. Stating that all these charges are to be bear by builder only and for the same homebuyers can’t be held responsible.
4. Decided – The promoters are required to update the complete details of Project on RERA
Many promoters of registered project have not provided the required details as per the State Rules. The Authority directed such promoters to update the required details with in a stipulated time and also to update the same on quarterly basis.
For any clarification or issues, please write back to our RERA team at firstname.lastname@example.org or contact to authorised person at 011-41016005/9717790021/9717105008.
Disclaimer – The above points are based on the personal interpretation and understanding of the RERA rulings, which may differ person to person. The readers are expected to take expert opinion before placing reliance on it.