Upset over dilution of RERA rules, homebuyers write to CM

LUCKNOW: Homebuyers, especially flat owners in the national capital region (NCR), are upset over the dilution of the UP Real Estate Regulation and Development Rules (UPRERA), urging CM Yogi Adityanath to make them stringent as he had promised.

“We have over one lakh flat owners who are suffering and are unable to take possession of their flats due to inordinate delay by the builders in completing the projects. And we cannot take action against them as they are not covered under the existing rules,” says Abhishek Kumar, president of the NOIDA Flat Owners’ Association.

As per the Central Act, an ongoing project under RERA is basically a project “for which the completion certificate has not been issued as on May 1, 2015” on the date of commencement of the Act.

This basically makes sure that many home projects which are work-in-process come under the Act. However, four ‘exclusion’ clauses were added to the UP real estate rules 2016 during the SP regime to keep a majority of the projects out of the RERA. Yogi had told officials to drop these ‘exclusion’ clauses, revise the rules and adopt the Central Act in letter and spirit when a delegation of homebuyers from Noida, Greater Noida and Ghaziabad met him to draw his attention towards the dilution of rules. Similarly, recommendations on fines and penalties on developers that were also watered down too were to be restored as provided in the Central Act. But the amended rules are yet to be notified by the state government.

“Already builders are trying to wriggle out and circumvent the rules by forming illegal Apartment Owners’ Association (AOA) in incomplete projects where completion certificate has not been issued,” points out Rashesh Purohit of A-65, Sector 71, Noida, who, along with several other flat owners, has also petitioned the chief minister.

“A large number of group housing projects do not have basic civic facilities and amenities like proper elevators, firefighting and sewage treatment system, yet they are being formed and getting AOA registered in connivance with few residents and authorities to circumvent the law,” alleged Purohit.

His association has urged the chief minister to direct the registrar of societies not to register such bogus associations. “If nothing happens, we would be left with no option but to move the high court and challenge the loopholes in the law and escape route granted to builders and developers in the existing rules,” said Kumar.

We have over one lakh flat owners who are suffering and are unable to take possession of their flats due to inordinate delay by the builders in completing the projects. And we cannot take action against them as they are not covered under the existing rules ABHISHEK KUMAR, president, NOIDA Flat Owners’ Association