Restore Allotment, Offer Possession: UP RERA Orders To Promoter

Greater Noida: The bench of U.P. RERA regional office directed the promoter TandT Infrazone, to immediately restore the allotment of the cancelled unit, issue a final demand letter as per the Agreement for Sale, prepare the unit along with OC/CC within the next 45 days and offer possession. The order is given in a dispute related to an allottee, Saurabh Gupta. Apart from this, for the delayed period of possession, the promoter has been ordered to pay interest to the allottee at the rate of MCLR+1 from April 2022 till the period of receipt of OC or CC.

This order of the Regulatory Authority passed on the basis of evidence presented by the allottee in which the promoter had demanded about Rs 7 lakh for possession of the unit but the construction of the unit was not completed. Apart from this, the allottee had paid 100 per cent of the cost of the unit to the promoter as per the Agreement for Sale and had sent replies to all correspondence. Whereas the promoter had charged interest due to delay in payment by the allottee and had cancelled the allotment of the unit giving the reason for non-payment of the amount.

U.P. RERA found this behavior, issuing demand letter for possession of the unit to the allottee without completion/OC/CC and cancellation of allotment on the basis of wrong facts, of the promoter contrary to the objectives of the RERA Act and against the interests of the stakeholders. In case of non-compliance of the order by the promoter, the Regulatory Authority has also asked the allottee to file an ‘order execution request’ to ensure the execution of the passed order so that the allottee can be given possession and interest for the delay period by taking action under the relevant sections.

The allottee had booked a unit in the promoter’s project ‘T Homes-Phase 1’ located at Siddharth Vihar, Ghaziabad. According to the Agreement for Sale signed in the year 2019, almost 100 per cent of the amount was paid for the unit worth Rs 57 lakh 95 thousand, whose possession was to be received by March 2022. To obtain possession, the promoter had demanded approximately Rs 7 lakh as interest from allottee even though the construction of the unit and the said tower had not been completed. Troubled by the delay in getting possession, interest amount and cancellation of allotment by the promoter, the allottee filed a complaint against promoter in U.P.  RERA in the year 2022.