UPRERA has failed to protect our interests: Homebuyers
LUCKNOW: Homebuyers are disappointed with the Uttar Pradesh Real Estate Regulatory Authority (UPRERA) and say the regulator has failed to protect their interest and ensure accountability of developers.
Without a full-time chairman and members, the watchdog of the real estate sector lacks the teeth to get its order implemented, they say.
Consequently, errant developers, who continue to exploit the legal loopholes in the set up to their advantage, have challenged the authority’s orders in court.
Experts say UPRERA is not a priority of the state government because of which its implementation has remained sluggish and flawed, a year after it was set up in UP. “The principal secretary, housing, continues to be the interim chairman of UPRERA. He has delegated most of his powers to vice chairmen of development authorities and the secretary of the authority. It’s a sorry state of affairs,” says an official associated with the office of chairman.
“It has been almost years since I booked a flat with a developer. I lodged a complaint with UPRERA in October last year. But forget any relief all I have got so far is dates from the regulator as the case lingers on, says Arvind Kumar, resident of Jankipuram colony on Sitapur Road.
“Even if an order is passed by the regulator, the realtor says it will have no legal meaning, Kumar claims. As per the Act only an officer of district judge level is authorised to deal with such complaints, he says quoting the realtor.
Kumar is not alone; hundreds of harried home-buyers are faced with a similar situation. “When I booked a flat with this same developer in Lucknow, I was assured of its possession in threeyears. But eight years have gone and not a single brick has been laid at the site by the realtor so far,” says Ruchi G who booked a villa.
One such erring developer went to the extent of blaming the delay in project delivery to economic slowdown and demonetisation.
“Economic slowdown and the policy of demonetisation has hit the real estate industry, which is passing through its toughest time. Considering the conditions, the respondent (developer) is entitled for extension of time,” pleaded the builder’s lawyer before the regulator.
“We have delivered verdict in more than 200 cases out of 1500 complaints received from the allottees,” says a senior UPRERA official requesting anonymity.
Lucknow figured third on the number of complaints made with
EXPERTS SAY UPRERA IS NOT A PRIORITY OF THE STATE GOVERNMENT BECAUSE OF WHICH ITS IMPLEMENTATION HAS REMAINED SLUGGISH AND FLAWED, A YEAR AFTER IT WAS SET UP IN UP.
the authority. Noida and Ghaziabad occupied first and second slot. “Only last week, we issued recovery challans against five developers, four of Gautam Buddh Nagar and one in Ghaziabad after they failed to comply with the authority’s order,” he says. But with the realtors challenging the very authority of chairman of UPRERA, who they say, cannot delegate his powers to his subordinates, and planning to move court on the issue, such orders are unlikely to provide any succor to the home-buyers. Home-buyers allege that a fullfledged UPRERA is not a priority for UP government despite a promise made by the chief minister to protect their interest.
An officer admitted that they were bogged down with a surfeit of complaints in the absence of proper office-space, staff and infrastructure.
“In July, the state government had invited applications, from both retired and serving officers for appointing chairman of UPRERA and its members. We got 13 applications for the post of chairman and 37 for the post of members,” said an official associated with the selection process. The selection panel, he said, was headed by Chief Justice of Allahabad High Court, who would recommend names of two candidates to UP chief minister for appointing one of them as the chairman of the authority.