UP RERA Warns 2 Developers For Non Compliance, Gives Last Opportunity

Lucknow/Gautam Buddha Nagar, April 17, 2024: Due to non-compliance of the order passed by the U.P. RERA bench, Presiding Officer of RERA, Sanjay Bhoosreddy has warned two promoters– M/s Uppal Chadha Hi-Tech Developers Pvt. Ltd. and M/s Hebe Infrastructure Pvt. Ltd., for the strictest action and a last opportunity has been given to ensure compliance of the order while hearing the matter.

For the first time that under the provisions of the RERA Act, the bench has ordered the representatives of both the promoters to appear physically before the bench and explain the status of compliance of the order and the reasons for the delay in compliance.

The order was passed by Sanjay Bhoosreddy, Presiding Officer of Bench 1, in the matter of M/s Uppal Chaddha Hi-Tech Developers Pvt. Ltd. and M/s Hebe Infrastructure Pvt. Ltd. during virtual hearing. In the matter of Uppal Chaddha Hi-Tech Developers Pvt. Ltd., the order execution request had been filed by the complainant on 11.04.2023 for compliance of the order dated 31.01.2023 passed under Section- 31. But, even after almost 11 months have passed, the order has not been complied and the compliance report has not been uploaded on the portal.

Similarly, in the matter of Hebe Infrastructure Pvt. Ltd., the order execution request had been submitted on 16.08.2023 to ensure compliance of the order passed on 19.06.2023. But, even after almost 07 months have passed, neither the order of RERA has been complied with nor the compliance report has been uploaded on the portal.

The Presiding Officer also took cognizance of the fact that in both the matters, the real estate projects have been completed. But, the promoters are neither giving possession of the units to the complainants nor giving satisfactory answers when allottes are contacting offices. Due to this, using its powers under Section 35 and 36 of the RERA Act, Bench-1 has ordered the representatives of the promoters to be physically present in the hearing and explain the status of compliance of the order and mention the reason for the delay.

Presiding Officer Sanjay Bhoosreddy said that the promoters had got enough time to comply with the order but their action was deliberate efforts to harass the complainants and waste the time of the Authority, which is completely wrong. The promoters have been provided a last opportunity to ensure compliance of the order before the date of next hearing.

If the promoters failed to ensure compliance of the order passed under Section 31 and upload the compliance report on the RERA portal, then the bench will refer the cases to the Authority under provisions of Section 63 of the RERA Act to take strictest action against the promoters in which a penalty of up to 5 percent of the estimated project cost can be imposed on the promoters.