Allahabad High Court directs Noida administration to implement RERA order in 3 months
The Allahabad Court has passed a ruling directing the Noida administration to ensure that a recovery certificate issued
By : Legal Era
Update: 2021-02-09 11:30 GMT
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Allahabad High Court directs Noida administration to implement RERA order in 3 months The Allahabad Court has passed a ruling directing the Noida administration to ensure that a recovery certificate issued by UP-RERA is honoured by a builder who failed to deliver a flat in time, "preferably within three months". Recovery certificates are orders issued by the regulatory authority,...
Allahabad High Court directs Noida administration to implement RERA order in 3 months
The Allahabad Court has passed a ruling directing the Noida administration to ensure that a recovery certificate issued by UP-RERA is honoured by a builder who failed to deliver a flat in time, "preferably within three months".
Recovery certificates are orders issued by the regulatory authority, asking builders to clear dues of buyers if they have failed to deliver projects within the deadline.
It has been revealed in response to an RTI query that although the three-year old Uttar Pradesh Real Estate Regulatory Authority (UP-RERA) has disposed of 74% of the total cases in the state, only 16% of the recovery certificates issued by it have been realised so far.
Justices Pankaj Naqvi and Piyush Agrawal of the Allahabad High Court passed the order which will come as a relief to thousands of such homebuyers who had moved the regulatory authority. "…that in the event petitioner approached Collector, Gautam Budh Nagar along with the copy of this order, he shall ensure that the recovery citation is executed to its logical conclusion as expeditiously as possible, preferably within three months from the date of production of this order."
The buyer had booked a flat in Supertech Upcountry off the Yamuna Expressway in 2012 the possession of which was promised by 2015. After the builder failed to honour his commitment, the buyer waited for four years and then approached the UP-RERA, which ordered recovery of his dues. But even after the RERA order, the builder failed to clear his dues forcing the buyer to move the high court in 2020.
Last month, the Allahabad High Court passed the order in favour of the buyer.
According to UP-RERA Chairman Rajive Kumar, the primary function of the authority was to ensure that incomplete projects were streamlined. He said that, "Our job is to issue recovery certificates. It is for the district authorities to see to it that buyers get their money back from the developers."