The Uttar Pradesh Real Estate Regulatory Authority (UP RERA) has resolved to enforce its orders using the provisions of the Civil Procedure Code (CPC) and delegate authority to adjudicating officers for effective execution.
A more effective policy for implementing RERA orders on complaints of allottees was handed down during the authority's 94th meeting.
The RERA Act's Section 40(1) and UP RERA's Rule-23 provide for the recovery of amounts owed to allottees by the promoter, such as land revenue arrears.
The amount received by allottees under the directives of UP RERA is recovered through the respective District Magistrates, such as arrears of land revenue, and so far in 1790 cases, Rs 282 crore has been recovered and sent to the complainant/allottees' accounts.
In addition, many complaints have resulted in settlements totaling Rs 475 crore.
Section-40(2) of the RERA Act and Rule-24 of the U.P. RERA Rules provide legal provisions for the implementation of additional RERA directives, such as an award of possession to allottees and registration of allottees' units.
Rule-24 specifies that such orders must be implemented by RERA in the same way that a decree of the major civil court would be.
RERA has so far implemented over 3000 orders out of 5586 requests for order implementation, accounting for around 54% of all requests for order implementation.
RERA is directed to submit the compliance report of the order within 15 days of receiving the application for implementation of the order from the complainant, by sending a notice to the promoter and the concerned Bench in the case of non-compliance of the order by the promoter despite RERA's notice. After both parties have been listened to, the implementation phase will begin.
Normally, after the project is completed, possession is given to the complainants/buyers in accordance with RERA rules. However, the government has discovered that in some situations, even after receiving the "Occupancy Certificate," allottees are having problems obtaining possession.
"It was chosen to make the process for implementing such orders more strong and effective. In such circumstances, RERA will take action under the authorities conferred by CPC Order 21. (Civil Procedure Code). To carry out RERA's possession and registry orders, appropriate steps will be taken to attach the property in question, appoint a receiver, have the registry executed through the receiver, and transfer over possession," the authority stated.
Former district judges who operate as adjudicating officers in the NCR and Lucknow offices of the U.P. RERA shall be recommended and authorized to take the above action.
Those promoters who, notwithstanding the completion of projects, are evasive in providing possession to allottees would face a harsher penalty for non-compliance with RERA rules.
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