In a recent order being hailed for protecting the rights of homebuyers, the Karnataka Real Estate Regulatory Authority (RERA-K) has directed a promoter to register the project under RERA, apart from adhering to other demands of homebuyers.
The promoter has been asked to register the project with the Authority within 60 days as the project was not completed “in all respects as on the date of the commencement of the Act”. Penalty proceedings have been initiated as the application for registration was not filed on time.
Taking up complaints of lack of BWSSB and Bescom connections, the Authority has ordered the promoter of Platinum City to provide these facilities, apart from obtaining A khata and Occupancy Certificate. If the promoter fails to comply with the directions, which include forming the association of homebuyers as well as providing car parking space, penalty proceedings will be initiated, the order says.
The complainants had alleged that they were dependent on temporary electricity connections, the cost of which is higher. “No official connection has been taken from BWSSB. No handing over of the common areas has been made. No Occupancy Certificate has been obtained,” they had alleged.
The promoter said that the project cannot be brought under the purview of the RERA Act as it was completed before the Act came into force, and the apartments were sold 10 years ago. The promoter had also deemed the complaint “frivolous and without jurisdiction”.
M.S. Shankar, general secretary, Forum for Peoples Collective Efforts (previously Fight for RERA), said homebuyers welcome this “landmark judgement”.
“This order should deter similar illegal behaviour by the erring builder community. This is the first RERA-K judgment in which showcause notice was issued for non-registration of project. It is a landmark judgement by the three-member bench in favour of homebuyers where the buyers have been residing for 10 years,” he said.