UP RERA to use CPC provisions to implement orders, confer power on adjudicating officers

The Uttar Pradesh Real Estate Regulatory Authority (UP RERA) has laid down a more effective policy for the implementation of its orders on complaints of allottees.

New Delhi: The Uttar Pradesh Real Estate Regulatory Authority (UP RERA), on Wednesday (June 15), laid down a more effective policy for implementation of its orders on complaints of allottees. The regulatory body took the decision at its 94th meeting under the chairmanship of Rajiv Kumar. Meanwhile, UP RERA noted that the Section-40(1) of RERA Act and Rule-23 of U.P. RERA provides provisions for recovery of the amount due from the promoter to the allottees like arrears of land revenue. 

In an official press release, the authority said that the amount recovery based on its orders is being collected via concerned District Magistrates. So far, it has successfully recovered Rs 282 crore in 1790 cases. The funds have been transferred to the accounts of the complainant/allottees. The authority has also mediated settlements worth Rs. 475 crores in many complaints, it added.

“In relation to the implementation of other orders of RERA such as grant of possession to the allottees and registration of units of the allottees, the legal provisions are given under Section-40(2) of the RERA Act and Rule-24 of the U.P. RERA Rules,” the UP RERA said in its statement. 

Rule-24 states that such orders shall be implemented by RERA in the same manner as if the order in question was a decree of the principal civil court. Against 5586 applications received for implementation of orders, almost 3000 orders have been implemented by RERA so far, which is about 54 percent against requests received for order implementation,” it added.

Meanwhile, on the receipt of the application for implementation of the order from the complainant, RERA said it is directed to submit the compliance report of the order within 15 days by sending a notice to the promoter and the concerned Bench in case of non-compliance of the order by the promoter despite RERA's notice. “After listening to both parties, the process of implementation is being taken,” the authority said.