Greater Noida: Uttar Pradesh Real Estate Regulatory Authority (RERA), which regulates the real estate sector and addresses the issues faced by home buyers, has resolved approximately 88 per cent of the complaints and is hearing around 6,000 cases daily.
Let us find out with the UP RERA how it functions and solves disputes.
Q: After the establishment of RERA, how many cases have been resolved, and how many are currently pending? What action plan has been prepared for these?
A: So far, Uttar Pradesh RERA has received over 50,800 complaints. Out of these, approximately 44,000 have been resolved, which is about 88 per cent, the highest in the country.
Nearly 39 per cent of the complaints in the country are registered with UP RERA and it has resolved about 40 per cent of the complaints nationwide. Presently, regular hearings are underway for approximately 6,000 complaints.
To expedite the swift resolution of complaints, UP RERA has adopted an e-court model, which enables parties from within the country and abroad to obtain proper solutions in a short time through virtual court hearings.
Q: It has come to the fore that many times, even after RERA issues orders, builder keeps harassing buyers, what is done in such cases?
A: UP RERA is taking all possible measures under the provisions of the RERA Act to resolve the complaints of consumers/complainants/allottees. These include: Hearing complaints under Section 31: In UP RERA, complainants can easily file complaints online on our portal www.up-rera.in under the provisions of Section 31 of the RERA Act.We have also uploaded videos on our YouTube channel to assist complainants. After hearing the complaints, orders are issued in most cases, and these orders are enforced as well.
Reporting non-compliance of orders: In case of non-compliance of the order passed by the UP RERA, complainants can submit a ‘Request for Order Compliance’ on the portal. Whereby the authority directs the opposite party to inform about the status of compliance of the order.
In several cases, resolution is achieved at this level. If the order is not complied with by the opposing party, the cases are heard again under Sections 38/40/63 of the RERA Act, and orders are issued. During this phase as well, efforts are made to ensure order compliance.
Currently, through the portal, we have received requests for compliance of orders for more than 15,000 cases, out of which complete compliance has been achieved for about 10,950 orders, which is approximately 79 per cent.
Hearing under Rule 24: Additionally, if an order to hand over possession to the complainant is issued, the hearings for such cases are conducted by the Adjudicating Officer of the authority under Rule 24 of the UP RERA rules. This process follows the provisions of the CPC (Civil Procedure Code), wherein the Adjudicating Officer initiates the process of delivering possession to the complainant/allottee, including attaching the questionably pertinent unit similar to a court receiver and registering the process, under the provisions contained therein.
For awareness on all these subjects, the UP RERA continuously provides information and details of successful cases through its social media platforms.
Twitter- https://twitter.com/UPRERAofficial
Facebook- https://www.facebook.com/upreraofficial
YouTube- https://www.youtube.com/@UPRERAOfficial/about
Recovery Certificate: If the order is related to the refund of the invested amount and the order’s compliance is not being met, the Authority issues a Recovery Certificate under the provisions of the RERA Act to ensure justice for the complainant. The recovery is carried out by the district administration.
In relation to the issued Recovery Certificates by UP RERA, in approximately 57 per cent of cases, the amount has been recovered and deposited into the bank accounts of allottees, which is possibly the best in the country in terms of fulfilling refund demands through Recovery Certificates.
Q: How is RERA simplifying the resolution of builder-buyer issues and what progress has been made?
A: UP RERA is making all possible efforts in line with the objectives of the RERA Act to protect the interests of real estate stakeholders and to reduce conflicts between promoters and allottees.
Revival of incomplete projects: Apart from the judicial process, UP RERA has been utilising Section 8 of the RERA Act to complete the remaining construction and development work of incomplete projects for allottees (both residential and commercial units) over the years.
Under this provision, revival of incomplete projects is carried out jointly by promoters and allottees, including the consent of over 50 per cent of allottees.
So far, nearly 1,000 units of three incomplete projects have been completed, including Jaypee Kalypso Court Phase-2 and Jaypee Knight Court in Gautam Buddha Nagar, and Vasundhara Grand in Ghaziabad.
The promoters of these projects have started taking possession by obtaining an Occupancy Certificate from the relevant development authority or by applying for it.
In addition, around 8,500 units in 12 other projects are being completed through ‘Project Revival’, including projects like Antariksh Culture Phase-2 and 3, Ajnara Le Garden Phase-3, Apex Splendor, Novena Green, Law Palacia, Law Galaxia, Spring View Heights, Utopia Estate, Apple 7, Casa Grand-2, Law Casa Ansal Aquapolis, and Sampada Livaya.
Revival of incomplete projects – Section 15 of the RERA Act empowers the third party/capable promoter with maximum rights and responsibilities for completing projects under the provision for allottees to ensure two-thirds consent and project completion.
Through this process, the rights and responsibilities of the Gautam Buddha Nagar project Biji-Life were transferred to H.S.L Software, which is redeveloping the project as Ithum 62.
Similarly, Oh My God project has been transferred to Saya Cementation, which is redeveloping it as Saya Status. The completion of Kiara Residency in Lucknow was done under the same provision, and the Gomti Ganj project is undergoing redevelopment.
Approach Paper: Recently, UP RERA had commissioned a consulting firm to study eight incomplete projects in Noida and Greater Noida, out of which positive indications of completion were received for six projects.
For this purpose, the consulting firm suggested bringing co-promoters for incomplete projects, restructuring the outstanding amount of promoters by adjusting it in the unsold area, reducing dues, reviving projects by waiving certain fees, and providing multiple options, all to safeguard the interests of all stakeholders associated with the projects.
UP RERA also advised separating the pending amount of development authorities for registration/registry to initiate registration for completed projects.
Options were also given to promoters for recovery of outstanding dues and for solutions related to the future of the project. The relevant report has been submitted to the Uttar Pradesh government.
–IANS