UP-RERA Addresses Conditional Possession Complaints

New Delhi: The Uttar Pradesh Real Estate Regulatory Authority (UP-RERA) has received numerous conditional possession complaints from homebuyers regarding developers offering possession of units through agreements that differ from the original sale contracts. These agreements allegedly include clauses that restrict the legal rights of the allottees, potentially violating the RERA Act.

UP-RERA Chairman, Sanjay Bhoosreddy, stated that several conditional possession complaints have been lodged against various developers across the state. The authority is now preparing to take action to safeguard the interests of homebuyers and ensure compliance with legal provisions.

Key Issues Raised by Allottees Regarding Conditional Possession Complaints:

1. Possession Without Development: Developers are offering possession without completing the amenities and facilities promised in the sale agreements or builder-buyer agreements (BBA).
2. Unapproved Plans and Layouts: Some developers are selling units based on unapproved maps or layouts and even making unauthorized changes to approved plans without the consent of the buyers.
3. Excessive Demands: Allottees are facing demands from promoters that exceed the unit’s cost as per the agreement. This often occurs before the completion of key project requirements, such as obtaining the Occupation Certificate (OC) or Completion Certificate (CC).
4. Delayed Possession: Developers are not handing over units within the timeline stated in the sale agreements, causing dissatisfaction and hardship for homebuyers.
5. Conditional Agreements: Some developers are forcing allottees to sign agreements with clauses that prevent them from exercising their legal rights under the RERA Act in the future.

UP-RERA is committed to addressing these conditional possession complaints and will take appropriate legal action against any developers found guilty of malpractice. The authority aims to ensure that units are sold based on factual information, approved layouts, and that possession is provided without deviation from agreed terms, maintaining trust and satisfaction among homebuyers.

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