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Mohali: Ensure promised amenities are provided, promoter told
In its order on a complaint filed by Opera Residents Association, RERA Punjab also restrained promoters Chandigarh Colonisers, Opera Infratech and Developers and Ajay Vir Sehgal
The Punjab Real Estate Regulatory Authority (RERA) has directed the promoters of Opera Garden in Zirakpur to complete and operationalise promised amenities, transfer common areas to the duly recognised residents’ association and return interest-free maintenance security (IFMS) to residents after adjusting legitimate dues.
In its order on a complaint filed by Opera Residents Association, RERA Punjab also restrained promoters Chandigarh Colonisers, Opera Infratech and Developers and Ajay Vir Sehgal from carrying out construction contrary to sanctioned plans or without requisite approvals.
The complaint, filed under Section 31 of the Real Estate (Regulation and Development) Act, was argued by advocate Shahnawaz Khan along with members of the residents’ association.
Facilities still incomplete despite repeated extensions
The association alleged that Opera Garden, located at Kishanpura in Dhakoli, was still incomplete despite repeated extensions granted to the promoters. It listed several deficiencies, including a non-functional clubhouse, incomplete swimming pool, non-operational sewage treatment plant, unfinished jogging track and gardens, incomplete children’s play area, lack of second lifts in towers, incomplete shopping arcade, inadequate power backup, potable water issues, basement waterproofing deficiencies and inadequate CCTV infrastructure.
RERA observed that the promoters obtained only partial completion/occupancy certificates for certain towers and that a complete certificate for the entire project had not been obtained.
The authority rejected the promoters’ preliminary objection that Opera Residents Association lacked the locus to file the complaint. It held that Section 31 permits an aggrieved person to approach RERA and said collective grievances concerning common amenities, common areas, maintenance infrastructure and statutory obligations could be raised by the association.
Authority directs to return corpus fund
The dispute also involved an IFMS/corpus fund of more than ₹2 crore, which the residents alleged had been collected from allottees but not transferred. RERA directed the promoters to initiate the lawful process for returning the IFMS to individual allottees after deducting dues, if any, owed by them.
The order also dealt with a dispute over maintenance. RERA held that allottees remain liable to pay maintenance charges under their agreements and Section 19(6) of the RERA Act. At the same time, the promoters must continue maintaining essential services until maintenance is lawfully handed over to the recognised association, with proper accounts and transparency.
Approach jurisdictional SDM within 30 days
Another significant issue was the existence of rival residents’ associations. RERA noted that Opera Garden Resident Welfare Association was formed in August 2025 and formally constituted on February 18, 2026. It directed both associations claiming representation to approach the jurisdictional SDM/competent authority within 30 days with their registration certificates, bylaws, membership and election records so that the legally recognised representative body can be identified.
RERA further directed the promoters to transfer undivided proportionate rights in common areas and relevant documents to the recognised association within three months.
The authority also allowed individual allottees to pursue claims concerning alleged excess charging on super-area rather than carpet-area basis separately.The promoters were directed to complete and operationalise the promised common amenities at the earliest and comply with sanctioned plans and applicable approvals. The complaint was disposed of accordingly.
