Last Updated on August 22, 2018 by Legalseva.net
When RERA was introduced, homebuyers got a huge sigh of relief as now they could expect faster delivery of possession of their intended plot, home or a flat within the time frame stipulated under the builder-buyer’s agreement. RERA is indeed a boon for consumers and homebuyers across the country.
Also Read- RERA Panchkula Penalties
RERA is blooming and still in its nascent stage but that doesn’t mean it is not effective. It has taken a flying start and after few glitches here and there it is now on track which is regulating the reality sector with transparency, discipline and mechanism prone avoid deficiency of services.
RERA has put market sentiments back to the real estate sector and now with every registered project under RERA comes timely delivery, assurance of quality in material plus transparency in operations.
But what If your project is not registered with RERA Punjab or RERA Haryana? Be at Mohali or Panchkula or Gurugram.
For RERA Punjab situated at Mohali, it’s a big NO. Authorities have made it clear through Bikramjit Singh & Ors. (Complaint no. 3 of 2017, Date of Decision: 13.12.2017) judgment (appended) that RERA Punjab won’t entertain complaints if projects are not registered with its office.
Also Read- RERA Chandigarh
On the contrary RERA Haryana both (Panchkula and Gurugram) are welcoming in interfering when builders /developers are at fault. So the consumers, home owners, buyers can approach RERA Haryana Panchkula or RERA Gurugram irrespective of the fact whether project is registered or not.
In its path breaking judgment, just passed recently, RERA has cleared this confusion for Haryana.
Read the snippet from HT news here:
No more State RERA rules can nullify the powers of Central RERA Act.
RERA Haryana has given the power back to consumers now. They are in the charge now of the game.
Even though RERA made exemptions for
1 Less than 500 sq. metres project
2 Less than 8 units as referred in Sec 3 (2) of the Act but they aren’t out from the other sections of the Act, said in the judgement by authority.
So even if the projects are unregistered with RERA or have got Completion Certificate/Occupancy Certificate, then also, if a consumer finds defect in the completed unit, he can approach the RERA authority for Redressal.
The popular judgement may be referred by the name of Simmi Sikka vs. Emaar MGF decided by Gurugram Bench of H-RERA. Bench ruled in this case that provisions of RERA have been violated. This judgment also nullifies the dilution of provisions of RERA Act by Haryana RERA rules.
Also Read- 10 Things you should know about RERA Punjab at Mohali
The Act specifically provides coverage of 5 years for any workmanship defect or structural defects in the regulation. Judgment also clears ongoing project definition which is where Completion Certificate (CC) is not issued prior to commencement of the Act in i.e. May 1, 2017.
Also Read- Sale Agreement cannot be against Buyer rules RERA Punjab.
Two important points to note here:
1 Mere filing of Application for Completion Certificate (CC) will not exempt builder from RERA.
2 Only if project got CC before commencement of Act then it is exempted.
Authority further makes it mandatory for all new projects to get registered whether they are marketing the project currently or not even if it is in construction phase.
Here in the above case- Simmi Sikka vs. Emaar MGF, the bench ordered for Penal proceedings that will be started wherein builder has to pay upto 10% of the project cost.
Section 71 of the Act empowers the Adjudicating Officer to adjudicate the compensation under Sections 12, 14, 18 and 19 of the Act which are retroactive. The Hon’ble Bombay High Court in case of Neel Kamal Realtors Suburban Pvt. Ltd and anr. Vs. Union of India and ors. has given clear findings on this preposition.
Also Read- Completion Certificate and Panchkula RERA (HRERA)
For RERA Punjab, Authorities are currently happy in issuing notices u/s 59 of the Act for non-registration of the project and issue a showcause notice that why penalty shouldn’t be imposed on them for non-registration.
Hope later it also imposes cost if not registered within a given time frame.
Also Read- RERA News and Update
RERA is your next alternative before approaching consumer courts undoubtedly. Moreover 60 days window is enticing for resolution of the complaint.
For more info on RERA matters & cases in Haryana ( HRERA ) & Punjab (PRERA) authority at Mohali, please dial 99888-17966 for LegalSeva or you may also write at [email protected].
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