Page 43 - RERA Performance Report 2020

Approach 3: Development of Project jointly by the Promoter & the Association of
Allottees
Under this model, the development of the remaining work in the project is jointly
undertaken by the promoter and the association of allottees. This is a classic win-win
model where both the promoter and the association of allottees shall benefit from their
mutual cooperation.
Most often there are differences between the association of allottees and the promoter of
the project which lead to litigation and hinder any form of cooperation between them.
This trust deficit needs to be resolved first before the project development can be taken
up. The Conciliation Forum at U.P. RERA plays an important role in bringing both the
parties onto a common platform and resolve the differences between them. Together, the
parties mutually agree on the terms of the cooperation and present a mutually agreeable
completion plan to the Authority. Under this model, normally the AOA agrees to the
development of the remaining work of the project by the promoter itself subject to the
terms of agreement and the terms and conditions laid down by RERA in this regard.
Once such a consent is presented by the parties, the Authority constitutes a committee
under the chairmanship of one of its members to scrutinize the proposal and make
available its recommendations to the Authority. The Authority, if satisfied with the
proposal, authorizes the promoter to complete the balance development work of the
project subject to such terms and conditions as it considers necessary to impose in order
to protect the interest of the home buyers. The committee of the Authority 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. The Authority
also appoints a ‘Concurrent Auditor’ to review and report the progress in the project to the
Committee.
This approach is ideally suited to such projects where the promoter is keen to complete
the project but unable to do so either due to the expiry of registration of the project with
U.P. RERA or due to differences with the allottees. U.P. RERA has adopted this approach in
the case of the project ‘Jaypee Kalypso Court (Phase-II)’ of M/s Jaiprakash Associates
Limited.
43 U.P. RERA PERFORMANCE REPORT 2020
Session V - RERA Implementation - Consumer Perspective
The session was structured to highlight RERA from the consumer’s perspective. It
discussed the efficacy of RERA in protecting the interest of home buyers along with other
issues such as amicable settlement of consumer disputes through conciliation
mechanism and strengthening the compliance mechanism of the orders passed by
RERA.

Picture: Smt. E Jayashree Kurup, Head - Content & Research, Times Business Solutions Ltd
(MagicBricks), Shri Annu Khan, President, Noida Extension Flat Owners & Members
Association (NEFOMA), Shri SK Garg, Chairman of CREDAI UP, Lucknow, Shri Radhey
Shyam Poddar, Chairman, Jharkhand Real Estate Regulatory Authority, Shri Vishnu
Kumar, Chairman, Uttarakhand RERA, Shri BP Singh, Member, Uttar Pradesh Real Estate
Regulatory Authority, Shri Abhay Upadhyay, President, Forum for People's Collective
Efforts (FPCE), Shri Alok Kumar Arihant, Founder, Federation of Association of Apartment
Owners, Ghaziabad (Fed AOA), Shri Indrish Gupta, Founder NEFOWA

Session Snapshot

Chair: Shri Radhey Shyam Poddar, Chairman, Jharkhand Real Estate Regulatory Authority

Moderator: Shri Vishnu Kumar, Chairman, Uttarakhand Real Estate Regulatory Authority

Knowledge Partner: Smt. E Jayashree Kurup, Head - Content & Research, Times Business
Solutions Ltd (MagicBricks)