Promoters should not offer possession on terms to restrict legal rights of allottees: UP-RERA, ET RealEstate


NEW DELHI: Uttar Pradesh real estate regulatory authority (UP-RERA) has received complaints from allottees of real estate projects that the promoters are offering conditional possession of the unit by means of a declaration or agreement and forcing them to sign which is different from the agreement for sale and illegal because it contains conditions that restrict to exercise their legal rights in future.

The authority is preparing to take cognizance of the complaints received against such promoters to protect the rights and interests of the allottees and suitable action will also be taken against the promoters, if found guilty.

Sanjay Bhoosreddy, chairman, UP-RERA said that complaints have been received of conditional possession of units to the allottees. The promoters should sell the units 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.

The authority has received complaints from allottees that some promoters of the state are offering possession without developing the amenities and facilities mentioned in the agreement for sale or BBA.

Also, before offering possession, promoters are raising demand which is more than cost of the unit and beyond the conditions of the agreement. The allottees are being forced to take possession of incomplete units with formalities of registration and without obtaining OC/CC.

Apart from this, the project is being sold by describing the facilities in the plan without having approval of the competent authorities, changes are being made in the approved plan and layout without the consent of the allottees and possession is not being given as per the mentioned time line in the agreement for sale.

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

  • Published On Sep 24, 2024 at 09:43 AM IST

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