UP RERA to Ensure Possession to Allottees Using Powers under Rule-24

Lucknow/Gautam Buddh Nagar, Aug 8, 2024:  Sanjay Bhoosreddy, Chairman, U.P. RERA reviewed the status of compliance of the orders passed on the complaints of the allottees and realized that the promoters were trying to linger the delivery of possession to the allottees besides the orders for delivery of possession within a specified period of time. The Authority has resolved to put an effective full stop to this tendency and sent 250 matters, wherein the promoter has not provided possession to the allottees, to the Court of his Adjudicating Officers for timely enforcement of such orders. These Adjudicating Officers have been the District Judges and are posted at Lucknow Headquarters and NCR office, Gautam Buddha Nagar. Now the Adjudicating Officers will ensure the registered sale deeds and possessions as per the provisions of Rule-24 of U.P. RERA Rules, 2018. The Adjudicating Officers have the powers of C.P.C. (Code of Civil Procedure) under Rule-24 which they will use for expediting the delivery of possession and execution of the sale deeds. They have also the powers to attach the units and appoint the receivers for the purposes of enforcement of these orders.

In fact, U.P. RERA had resolved in the month of October, 2022 itself that the orders relating to the delivery of possessions and execution of sale deeds will be enforced through the Courts of its Adjudicating Officers under the provision of Rule 24 of U.P. RERA Rules. U.P. RERA Chairman has now decided to increase the momentum and made an arrangement that every matter, where the promoter was required to provide possession as per the order of RERA but has failed to comply with the same, will be referred by the Secretary to the Court of the Adjudicating Officers with the approval of the Chairman. The Adjudicating Officers will be responsible for effective time bound proceedings to ensure the sale deeds and delivery of possessions. It was also resolved that in every matter which has to be taken to the Court of Adjudicating Officers for ensuring delivery of possessions, U.P. RERA will heavily penalize such defaulting promoters and ensure recovery of the amount of penalties through the District Magistrate. 

It was emphasized by Sanjay Bhoosreddy that U.P. RERA is not ready to accept any kind of dilly-dallying by the promoters in complying with the orders of RERA and that he would regularly review the status of compliance of orders and undertake all effective remedial steps for the protection of the interest of allottees.