U.P. RERA asks promoter to give immediate possession to the allottee in its other project 

Greater Noida, August 14, 2023: The adjudicating officer of the bench of Uttar Pradesh Real Estate Regulatory Authority (UP RERA) has ordered the promoter, Uppal Chadha Hi Tech Developers Pvt Ltd, to hand over the possession along with the registry of a unit available in its any other completed and OC/CC obtained project to the allottee in the next 15 days.

The promoter has been ordered to appear again on September 14, 2023.

The allottee, a Ghaziabad resident, Shalini Sharma, registered a complaint with UPRERA in 2019, demanding to get possession of her unit. A release issued by the Authority says that, Sharma complained of paying over Rs 14 lakh in 2005 for a plot located in Uppal Chadha Hi Tech Developers Pvt Ltd Sector-16 project, at Ghaziabad, the possession of which was to be given in 2008. The agreement for sale was signed in the year 2013 but the possession wasn’t given. 

During the course of the hearing, it was found that the order passed in 2019 by the bench has not been complied by the promoter. The order says that the project could have been completed in about four years or the allottee could have been provided with an alternative unit.

The Authority said that the promoter had been given sufficient and reasonable opportunity of compliance but the promoter “wilfully disobeyed the order”.

UP RERA Adjudicating Officer Harish Tripathi, said, “The promoter will have to comply with the order passed by the Authority to protect the interests of the allottees. In case of ignoring the rules, the UPRERA will continue to discharge its responsibility of safeguarding the interests of home buyers by taking action as per the Act.”

The adjudicating officer ordered the promoter to comply with the 2019 order of providing the allottee with an alternative unit in any other completed project of the promoter, and submit the compliance report to the bench before the next date.

The Authority in its statement also mentions that if the promoter fails to comply with the order, the possession proceedings will be conducted by the bench by executing the transfer deed under the civil procedure code, inherent in the provisions.