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Add Co-allottees’ Names in Complaints: UP RERA’s directive to Complainants
Lucknow, March 18, 2024: U.P. RERA has directed to include the name of the co-allottee as the co-complainant in the complaints filed by the allottees. Necessary facility is being provided on the portal for this purpose, says a press release issued by the Authority.
U.P. RERA has noticed that in some cases the complainants have not included the co-allottees as co-complainants and the RERA Benches have disposed of the complaints after hearing the respective parties which in such cases meant hearing only one of the allottees. Later, the co-allottee appeared in RERA and submitted that the complainant did not include his name as co-complainant in the said matter and thus he lost the opportunity of hearing and protecting his interest.
U.P. RERA has observed that joint allotment is a common practice and interests of co-allotees or co-owners do not necessarily always co-inside and disputes between such co-allotees or co-owners do sometimes arise. The absence of name of the co-allottee in the complaint lodged in RERA is a lacuna due to which resolution of complaints, execution of orders and further proceedings takes more time than required.
Accordingly, RERA has made it mandatory for the complainants to add the co-allottees as co-complainants in all future complaints whose names have been mentioned in Agreement for Sale (BBA) and allotment letter. Since the names of the co-allottees are missing in a large numbers of complaints already pending in the RERA Benches or in the court of the Adjudicating Officers, it has directed all such complainants to immediately submit an application before the Authority for adding the name of the co-allottees. The application needs to be filed whether the complaint is before the Bench for adjudication or for enforcement of order or for rectification of an earlier order or for adjudication of compensation. U.P. RERA has created appropriate facility on its portal where a complainant can file such an application online using his dashboard.
Sanjay Bhoosreddy Chairman, U.P. RERA said the object of these directions is to impart justice to all the parties and it was further emphasized by him that the co-allottee must be added as a co-complainant in a complaint if he/she is a co-allottee as per the allotement letter or the BBA executed in respect of the said property.
This initiative will protect interests of the all allottees of the unit. The order to this effect has been issued on March 5, 2024 and uploaded on the portal.
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