Guest Column
U.P. RERA lists it’s achievements of 2022
December 29, 2022: U.P. RERA has, in a release issued by it, has listed it’s achievements for the year 2022 –
Re-construction of the stuck projects
Jaypee Greens Kalypso Court Phase-2 (UPRERAPRJ4695), became the first project to achieve completion after rehabilitation under provisions of section-8 of RERA Act by U.P. RERA. All 4 towers under rehabilitation, tower number 7, 8, 11 and 12, received Occupancy Certificate (OC) from Noida Industrial Development Authority from August to November 2022. Hence, JP Kalypso Court Phase-2 project is the first project not only in Uttar Pradesh but also in the country to finish remaining construction and development work under supervision of U.P. RERA and accomplish completion as per provisions of the RERA Act.
On July 29, 2020, U.P. RERA had passed an order of rehabilitation with consent of more than 50 percent allottees of association, Progressive Welfare Society, and authorized its promoter, Jaiprakash Associates Ltd. to complete remaining construction work of 4 incomplete towers having 304 units.
Under U.P. RERA, till date, 15 projects have been approved for rehabilitation to complete remaining construction and development work under section-8 and one of them is ready to offer possession. Approximately 8000 units of stuck projects are being rehabilitated under monitoring of U.P. RERA. Out of these 15, 9 real estate projects belong to Gautambudh Nagar, 5 belong to Ghaziabad and 1 project is in Lucknow. This year 4 real estate projects have been approved for rehabilitation in which ‘Spring View Heights’, ‘Utopia Estate’ and ‘Vasundhara Grand’ are located in Ghaziabad district and ‘Elegant Splendour’ is located in Gautambudh Nagar.
U.P. RERA is transferring obligations and liabilities of stuck projects to eligible promoters under provisions of section- 15 of the RERA Act to complete them and hand over possession to its allottees. U.P. RERA found this mechanism in the line with the objectives of RERA Act and able to protect interests of the allottees which were tending to complete stuck projects. Till date, the Authority has approved to transfer ‘rights and obligations’ of 3 projects to eligible promoters and land owning institutions jointly. This year ‘rights and obligations’ of 2 projects, BizLife and Oh My God, have been transferred from erstwhile promoters to ‘HSL Software Pvt. Ltd.’ and ‘Saya Cementation Ltd.’ respectively with consent of 2/3rd allottees to complete stuck projects by the new names, i-thum 62 and Saya Status.
Utilizing provisions of CPC (Civil Procedure Code)
In 2022, U.P. RERA began utilization of provisions of CPC to ensure execution of orders related to possession of units and registry of units in favour of allottees from the Authority. For this, legal provisions have been provided in section- 40(2) and rule-24 in U.P. RERA Rules. Rule-24 states that such orders shall be implemented by RERA in the same manner as if the order in question was a ‘decree of the Principal Civil Court’.
Consumer Complaints
In the year 2022, approximately 6900 complaints have been registered and the Authority disposed of almost 9300 complaints of aggrieved allottees. Maximum complaints had been registered in the month of March 2022, 695. In the month of December 2022 only 320 complaints have been registered, lowest in 2022.
U.P. RERA has received approximately 47000 consumer complaints which is about 38 per cent of the total complaints filed across the country. U.P. RERA has disposed of more than 42000 complaints which is about 41 per cent of the complaints decided in the country as a whole.
E-courts
U.P. RERA switched over to e-courts in February 2020 and was the first Regulatory Authority in the country to do so. Since the introduction of e-courts, 23500 plus aggrieved persons have filed complaints through the e-courts module and the Authority has so far decided 18300 plus matters. The Authority is listing complaints filed prior to the e-court model and hearing them virtually for speedy resolution. In this way, including complaints of before implementation of e-court and after implementation of e-court model, approximately 25300 matters have been disposed till date.
U.P. RERA is working on a new version of the existing website to make it more convenient and simple for the consumers, which will be equipped with many new tech features. By using these techniques, productivity will be increased while saving time. This new version is expected to be ready by next year.
Order Execution
U.P. RERA has a user-friendly online facility for enforcement of its orders. It has so far successfully executed about 9500 orders against about 13000 execution requests received by it which is about 74 per cent of compliance.
Mutual Settlement and Recovery Certificate
The Authority has ensured settlement in about 5700 matters including both mattes of refund and possession of units during the execution proceedings or through conciliation by conciliation forums established at Lucknow and Greater Noida. The value of the property under settlements is about Rs. 2100 Cr.
It has so far issued more than 8385 recovery certificates and till now transferred Rs. 410 Cr. amount into the accounts of 2575 allottee-complainants after recovery of the same by the concerned Collectors.
Registration of projects
So far, 3340 plus real estate projects have been registered with RERA. In year 2022, approximately 225 applications of new project registration have been received in which 125 in first half and 100 in second half of year. Almost 72 projects were in NCR and 153 projects were in the districts of Non-NCR regions. The ratio of project registration in NCR and Non-NCR is 32:68. Out of this, 36 projects have been registered in September month, just before festival season, which is highest no. of project registration in a month till date and a record in itself.
There are 2057 ongoing and 1290 new projects registered in RERA.
Ongoing denotes the projects that were ongoing on May 1, 2017. Out of 2057 ongoing projects, 1070 projects (52%) are in eight districts of NCR – mainly in Gautam Budhnagar, Ghaziabad, Meerut and Hapur. Out of 987 (48%) ongoing projects in 67 districts of Non-NCR, 399 projects (19.4 %) are in Lucknow.
New projects denote the projects that were registered after May 1, 2017. Out of 1290 new projects, 480 projects (37%) are in NCR and 810 projects (63%) are in Non-NCR. Whereas the share of NCR in ongoing projects is 53 percent, in new projects it is 37 per cent only.
Out of 2057 registered ongoing projects, 1354 projects (66%) projects have been completed.
Real Estate Agents
This year U.P. RERA increased validity period of registration of real estate agents from 5 years to 10 years. Now agents having RERA Registration Certificate will have validity of 10 years from 2022. It will be applicable for individual and institutional agents both. Currently, U.P. RERA has more than 5750 registered real estate agents.
RERA Samvaad
During the Covid-19 pandemic Uttar Pradesh RERA started online RERA Samvaad in May 2020 where a person could raise his issues online and a video interaction slot was provided to him. This year almost 30 Samvaad have been organized and approximately 600 matters of stakeholders have been resolved by the Authority. So far 98 Samvaads have been held on this online platform addressing over 2680 matters raised by the stakeholders.
Penal Action Against the Defaulters
Due to violation of RERA Act, registration of 3 projects of Antriksh Realtech Pvt. Ltd. and Raksha Vigyaan Employee Co-operative Society Ltd., Antriksh Sanskriti Phase-2, Antriksh Sanskriti Phase-3 and Raksha Vigyaan Sanskriti Phase-2 located in Ghaziabad, had been revoked on 22nd June 2022 under section 7 of RERA Act.
U.P. RERA has penalised 83 promoters with a sum of Rs. 20.97 Cr. (approx.) u/s 63 for violation of its orders and Rs. 1.88 Cr. (approx.) u/s 3/59 for violation of rules of promotion and marketing of registered projects in 2022.
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