Builder defied deal? Homebuyers have to approach UP-Rera again


Buyers who have lodged complaints in UP-Rera through a conciliator but are yet to get a satisfactory resolution will have to make fresh appeals to get their cases heard.

UP-Rera member Balvinder Kumar said a complainant is given two options on the regulatory body’s website — a buyer can either file a case through a conciliator, which is free of cost, or make a direct appeal to get the case heard in the Rera court.

The conciliator usually helps the builder and buyer reach an agreement, which is signed by both parties for future reference. However, several buyers have alleged that builders are yet to honour the agreements, even after months of signing them.

A group of 45 buyers of a housing project in Noida Extension had approached the conciliator over delay in handing over their flats. “We had booked our flats in 2010 and were supposed to get delivery by 2013. After six years, we approached UP-Rera through the conciliatory forum. An agreement was reached between the builder and us that they would hand over the flats by December 2019. But till date, nothing has moved. We have just wasted time,” said Bhupendra Tiwari, a buyer.

Ravindra Jain, who has bought two shops in a project, said, “I had approached the conciliator to get the penalty for delay in handover. The conciliator had made an agreement and the builder had agreed to pay the penalty. But it was not honoured later. We tried reaching out to the UP-Rera again. But the lockdown had been enforced by then.”

Arun Taneja, who booked a flat in another project, had a similar complaint over penalty. “The conditions laid down in the agreement by the conciliator have not been honoured by the builder. The terms of penalty payment that the builder had promised in the meeting have been defied by them. What are we supposed to do now?” he asked.

RD Paliwal, a conciliator for UP-Rera, said, “In most cases, builders do agree to meet the promises. But we have not been able to issue signed documents for cases heard via video conference during the lockdown. We usually put the agreements on a document and send it to both parties. If some agreements have not been honoured, we will look into them again,” Paliwal said.

Kumar said the process of approaching a conciliator first can be time-taking. “When a buyer opts for conciliation, the builder often gains time. It is better that buyers make an appeal in the UP-Rera court. If the court feels there can be conciliation, it can issue a directive. In that case, Rera has some enforcement powers, unlike in a conciliation agreement. So, if a conciliation has not been honoured, buyers will have to make a fresh appeal,” Kumar said.