Shimla couple had paid ₹64 lakh for the flat in 2015, with assurance of possession by 2018; but it was not handed over even after 5 years

The Real Estate Regulatory Authority, Punjab, has directed a developer to pay interest to a Shimla-based family for an over five-year delay in handing over possession of a flat in New Chandigarh.

The complainants, Kavita Gupta and Manohar Lal Gupta, had filed a case against Omaxe New Chandigarh Developers Private Limited, Mohali.

The couple submitted that on March 17, 2015, they were allotted a residential unit, measuring 1,885 square feet, at “The Lake” project developed at Omaxe, New Chandigarh.

The basic sale price was around ₹68 lakh of which they paid around ₹64 lakh.

The possession was to be delivered on September 17, 2018. However, even after five years, the possession has not been handed over to them.

Alleging that the developer has violated various provisions of the Real Estate (Regulation and Development) Act, 2016, they filed a complaint, seeking payment of interest against the delay in handing over possession.

In their response, the developer alleged that the Act was not violated. “The complainants tried to mislead by stating that the period of handing over the possession to be 42 months, but it is 48 months with six months’ grace period,” the developer claimed, further alleging that the instalments were not paid on time.

Hearing both sides, the Real Estate Regulatory Authority, Punjab, ordered that the complainants were entitled to payment of interest from the developer for the period of delay in handing over possession.

Thus, it directed the developer to pay interest on ₹64.91 lakh at the rate of 10.85% per annum from May 9, 2019, as prescribed in Punjab State Real Estate (Regulation and Development) Rules, 2017, till a valid offer of possession is made after occupancy certificate.

RERA had issued a public notice giving one month to owners of all real estate projects in Chandigarh being undertaken without requisite registrations
With the one-month deadline for registering real estate projects now over, the Real Estate Regulatory Authority (RERA) of Chandigarh has decided to initiate suo motu action against the violating builders.

On June 23, RERA had issued a public notice giving one month to owners of all real estate projects being undertaken without requisite registrations. The notice stated that they will have to pay up to 10% of the estimated cost of the project as penalty if they fail to register within a month. However, even after two months, no builder came forward for registration of their projects.

As per the Real Estate (Regulation and Development) Act, 2016, it is mandatory for all residential and commercial real estate projects, where the area of land proposed to be developed is more than 500 square metres or the number of apartments or offices proposed to be developed is over eight, to register with RERA to protect the interests of consumers and ensure speedy disposal of disputes.

However, only six projects in Chandigarh have been registered since the Act came into force. As per sources, around 15 more projects were under construction without registration.

Among the six registered projects, three are by the Chandigarh Housing Board (CHB), including the Sector 53 housing scheme, 2008 employees housing scheme and Sector 51 housing scheme. The remaining three projects include Godrej and Lifestyle Buildcon in Industrial Area, and Rajiv Gandhi Technology Park.

RERA secretary Palika Arora said, “We have already written to the UT Estate Office and Registrar Cooperative Societies to provide us the list of incomplete projects so that action can be taken.”

She said maximum constructions were going on in the rural areas of the city. Action will also be taken against carving of plots on agricultural land, Arora added.

The Real Estate Act covers all bodies (private and public) that develop real estate projects for sale to the general public. In the absence of the Apartment Act, the Chandigarh Housing Board is the only government agency responsible for construction of residential units in the city.

Source: https://www.hindustantimes.com/cities/chandigarh-news/real-estate-regulatory-authority-rera-to-take-action-against-builders-violating-registration-deadline-in-chandigarh-101693006039179.html

Chandigarh

Punjab’s Real Estate Regulatory Authority has constituted a group to examine various laws related to real estate sector with a view to bring transparency and harmonise the real estate laws in the state, an official statement said here.

The statement quoting spokesperson of the Housing and Urban Development Department said the two-member group would examine various laws such as Punjab Regional and Town Planning and Development Act, 1995; Punjab Apartment and Property Regulation Act and Punjab Apartment Ownership Act, 1995.

“After analysing the existing laws of the state dealing in the field of real estate, the group would submit its suggestions to make necessary modifications so that these could be harmonised with the provisions of The Real Estate (Regulation & Development) Act, 2016 (RERA)…,” he said.

The amendments proposed by the group would be submitted to the government for approval.

The Punjab State Real Estate (Regulation and Development) Rules, 2017 were notified by Punjab Housing and Urban Development Department over two years ago.

To bring the prevalent laws in conformity with the provisions of The Real Estate (Regulation & Development) Act, 2016, it was felt there is a need to examine and amend these, the spokesperson said.

The Housing and Urban Development Department had requested Real Estate Regulatory Authority, Punjab to form a group to take up the job of scrutinising and examining the laws and identify necessary changes, he added.

Under RERA, each state and union territory has its own regulatory authority which frames regulations and rules as per the Act.

RERA covers both new project launches and the on-going projects which have not been completed or the occupation certificate not received.

It makes it obligatory on the part of the builders not to book, sell or offer for sale, or invite persons to purchase any plot, apartment or building in any real estate project without registering the project with the authority.

Source: www.realty.economictimes.indiatimes.com/news/regulatory/punjab-rera-constitutes-group-to-examine-laws-related-to-real-estate/70529031

RERA Punjab

• The Punjab Government notified the Real Estate (Regulation and Development) Rules, 2017 on 08/06/2017.
• The Real Estate Regulatory Authority, Punjab was established on 10/08/2017 upon the joining of Chairperson with two full-time Members.
• Shri N. Singh Kang has been appointed as the Chairperson of Real Estate Regulatory Authority, Punjab on August, 2017.
• The Office of the Real Estate Regulatory Authority, Punjab is situated at First Floor, Block-B, Plot No.-3, Sector-18A, (NearGovt.Press UT), Madhya Marg, Chandigarh – 160018.
• Website Launched (www.rera.punjab.gov.in)