Page 34 - RERA Performance Report 2020

Imagine sitting in the States and having an interaction with the U.P. RERA officials for
redressal of your grievances relaing to your dream house. That’s right! The Authority w.e.f.
8th May 2020 has started “RERA Samvaad”, an online platform to hear public grievances
through video conference. RERA Samvaad is an endeavour of the Authority to address the
issues aired by the participants expeditiously and in a speedy manner.

This platform is an effective tool to facilitate direct interface between the stakeholders and
the Authority. During such meetings, the Authority is represented by the Chairman, the
members and its senior officers.
The COVID-19 pandemic is not showing any signs of receding and there is definite risk if
the visitors start coming to offices. Therefore, the Authority decided to launch “RERA
Samvaad” for people who have any complaints or grievances to raise and to meet senior
RERA officers face to face while resolving their issues. The Authority has held more than
25 “RERA Samvaad” sessions and addressed over 400 grievances.
34 t U.P. RERA PERFORMANCE REPORT 2020
After association of allottees submits its proposal to carry out the remaining development
in the project, the committee first verifies whether the association has the requisite
support of the allottees and tests its authenticity. An authorization order is issued to the
association of allottee to undertake the remaining development work of the project once
the Authority is satisfied with the proposal of the AOA and about its ability and capability.
The Authority appoints a third-party construction consultant to prepare a detailed project
report covering the operational, financial, and legal attributes of the project. The
committee ensures that the AOA proceeds to complete the remaining development of
the project with complete transparency and in conformity with the orders of the
Authority. The committee closely monitors the progress of the construction in the project
and steps in to resolve any disputes/bottlenecks that may arise during the process of
development.

This approach is ideally suited for the redeeming of the projects in such cases where the
registration has been revoked and the association of allottees shows interest to complete
the project on its own. U.P. RERA has followed this approach in the case of the project
‘Sampada Livia’ of M/s PSA Impex Pvt. Ltd.

Approach 2: Development of Project by a Competent Authority

In case the association of allottees refuses to carry out the remaining development work
the project or does not have a consent of more than 50 percent of the allottees or the
Authority is not satisfied with the proposal submitted by it, the Authority shall direct the
concerned competent authority to undertake the remaining development work in the
project. However, as per the guidelines issued by the government such authorization to
the competent authorities is to be issued on the basis of their consent.

Under this model, the development of the remaining work in the project is undertaken by
a competent authority. This is a case of a win-lose model too where the promoter would
lose the right to further development and sale of the project and the competent authority
will discharge all the functions of the erstwhile promoter except the execution of the
registered sale deeds. Of course, the promoter remains liable for all the defaults and
liabilities.

The competent authority can complete the remaining work on its own or appoint a
third-party contractor to complete the remaining development work. The committee
closely monitors the progress of the construction in the project and steps in to resolve any
disputes/bottlenecks that may arise during the process of development.

This approach is ideally suited to such projects where the registration has been revoked
and the association of allottees shows reluctance or refuses to complete the project on its
own.