Promoters arm-twisting allottees in UPRERA’s sights

Promoters compelling allottees to take possession of units on terms and conditions not mentioned in the original sale agreement are on UPRERA’s radar.

The regulatory authority has received complaints from allottees that promoters (developers) are offering conditional possession of units by means of a declaration or agreement and forcing them to sign it.

This agreement is different from the Agreement for Sale and illegal because it contains conditions that restrict allottees to exercise their legal rights in the future.

“Complaints of conditional possession of units to allottees have been received. This act of promoters is against the principle of natural justice and objectives of the RERA Act,” said Sanjay Bhoosreddy, chairman, UPRERA, on Friday.

“Promoters should sell units (flats) only on the basis of facts and approved maps, layouts and provide possession without deviating from the terms of the Agreement for Sale so that the allottees do not feel cheated and dissatisfied in any way,” added Bhoosreddy.

The regulatory authority has taken cognizance of these complaints received against promoters to protect the rights and interests of allottees and suitable action will also be taken against promoters, if found guilty, asserted the UPRERA chairman.

The RERA has categorically told promoters not to force home buyers to take possession of flats in any format other than the Model Agreement for Sale or on arbitrary and illegal terms that violate their legal rights.

The regulatory authority has instructed promoters to sell units only on the basis of facts, approved map and layout and offer possession as per the terms of the Agreement for Sale along with OC (Occupancy Certificate)/ CC (Completion Certificate) from competent development authorities, said UPRERA.

The UPRERA has also received complaints from allottees that some promoters are offering possession of flats without developing amenities and facilities mentioned in the Agreement for Sale, said the regulatory authority.

Another complaint received by the RERA is that before offering possession, promoters are raising demand which is more than the cost of the unit and beyond conditions of the agreement.

After selling flats on wrong facts and without developing amenities mentioned in the project, promoters are forcing allottees to sign agreement/declaration for getting possession which contains such conditions that do not allow the allottees to exercise their legal rights in future, including those under the RERA Act, said UPRERA.