UP-RERA Refers 250 Possession-Related Cases to Adjudicating Officers’ Courts.

Abhay Shah - August 12, 2024

NEW DELHI: The Uttar Pradesh Real Estate Regulatory Authority (UP-RERA) has escalated 250 cases concerning the possession of properties to the courts of adjudicating officers stationed at the Lucknow headquarters and the Gautam Budh Nagar office.

Of these, approximately 130 cases have been directed to the adjudicating officer at the Lucknow office, while about 120 cases have been assigned to the Gautam Budh Nagar office.

This action follows a review conducted by Sanjay Bhoosreddy, Chairman of UP-RERA, who assessed the compliance status of orders issued in response to complaints from property allottees.

The review revealed that many promoters were deliberately delaying the delivery of possession to allottees, even though there were explicit orders for them to do so within a specified period.

In response to these delays, UP-RERA has empowered the adjudicating officers to ensure that registered sale deeds and the delivery of possession are carried out following the provisions of Rule 24 of the UP-RERA Rules, 2018.

Under this rule, adjudicating officers hold the authority of the Code of Civil Procedure (C.P.C.), which they will utilize to accelerate the transfer of possession and the execution of sale deeds. Furthermore, these officers can attach properties and appoint receivers to enforce compliance with the orders.

To increase the pace of action, Chairman Bhoosreddy has now established a system whereby any case in which a promoter fails to provide possession as ordered by RERA will be automatically referred to the court of the adjudicating officers by the secretary, with the chairman’s approval. This process aims to ensure that all such cases are promptly addressed without unnecessary delays.

Bhoosreddy strongly disapproved of promoters who fail to deliver possession to allottees despite clear orders from RERA. He emphasized his commitment to regularly monitoring the status of these cases and implementing all necessary measures to protect the interests of the allottees.

He further stated that UP-RERA would take stringent actions against non-compliant promoters to uphold the authority’s decisions.

The adjudicating officers are now responsible for conducting effective and timely proceedings to ensure that sale deeds are executed and possession is delivered without further delay. These officers will play a critical role in upholding the allottees’ rights by ensuring promoters adhere to their commitments.

Moreover, UP-RERA has resolved that in every case referred to the adjudicating officers for ensuring possession delivery, it will impose substantial penalties on defaulting promoters.

UP-RERA will also work in coordination with the district magistrate to ensure the recovery of penalty amounts from the promoters who fail to comply with the orders. This measure aims to deter any future delays and reinforce the importance of adhering to RERA’s directives.

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