‘Can’t force builders with occupancy paper to register with Rera’: Officials

Allottees have been filing complaints at the UP-Rera’s Greater Noida office claiming deficiencies and violations by developers.

The Uttar Pradesh real estate regulatory authority (UP-Rera) cannot force a builder to get his or her project registered under the Rera Act if the builder has obtained an occupancy certificate (OC) or completion certificate from the respective development authority, Rera officials said.

The Uttar Pradesh real estate regulatory authority (UP-Rera) cannot force a builder to get his or her project registered under the Rera Act if the builder has obtained an occupancy certificate (OC) or completion certificate from the respective development authority, Rera officials said. (Photo by Sunil Ghosh / Hindustan Times) (HT Photo)

Allottees have been filing complaints at the UP-Rera’s Greater Noida office claiming deficiencies and violations by developers. However, the UP-Rera is unable to act against such builders for want of jurisdiction and has dismissed such complaints. Such allottees are now in a fix as to where to go to get their matters solved.

There have been cases wherein builders have got completion certificates and have handed over the project to the respective association of allottees (AOA) without the projects having been completed.

In one such case before the UP-Rera, filed by Vinay Narain and Sunil Kumar Gupta, allottees of the Edana project of Ecotech Infratech in Greater Noida, a complaint had been lodged alleging deficiencies in the housing project. However, the UP-Rera bench 2, last month, disposed of it, stating that the builder had applied for an OC in December, 2016 and got the certificate in April 2017, so he cannot be forced to get Rera registration done.

The Rera bench 2, headed by Balvinder Kumar, said, “Unless the project is registered under Rera, we cannot take up the complaint. We cannot force registration in such cases.”

Complainant Vinay Narain said, “We are in a fix where to go for redressal of our complaint. I am seeking legal opinion. We fail to understand how builders get occupancy certificates without developing proper infrastructure according to the approved building plan.”

The builder, meanwhile, claimed that there is no deficiency in the project. Suryaansh Gupta, director, Ecotech Infratech, said, “Whatever was in our scope we have done it and the AOA has also been formed. In future, all issues will be resolved through the AOA.”

There are several such allottees that are facing issues of deficiencies in fire fighting systems, sewage treatment plants, non functional lifts, or lifts not yet developed. Among other major complaints is that although an AOA was formed with allottees of their choice, the project was handed over to the AOA without completion. “As per the Rera Act, the builder has to transfer the project to the AOA only after clearing deficiencies and paying dues,” Rajive Kumar, chairman, UP Rera, said.

Buyers have an option of filing a case at the district consumer forum. Rajinder Dhar, representative of district consumer forum bar association, said, “Homebuyers have an option of moving the district consumer forum in case they face deficiency in services after handover of flats.”