Can’t force builders to register with RERA who already have completion certificate : UP RERA

Saurabh Kumar

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Greater Noida (5/3/2019) : After getting some complaints questioning alleging deficiencies in the housing project offered to the allottees. 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.

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.

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.

However, homebuyers have an option of moving the district consumer forum in case they face deficiency in services after handover of flats.

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