In a first, realtor moves UP-RERA against home buyers

Greater Noida: A real estate developer has moved the Uttar Pradesh Real Estate Regulatory Authority (UP-Rera) against buyers for not taking delivery of their homes, making it the first complaint of its kind.

The complaint came from Supertech against 45 buyers in its Cape Town, Eco Village I and Eco Village III projects. The company alleged they were neither taking delivery of their flats nor paying up the pending dues. Acting on the complaint, UP-Rera on Thursday gave 25 of these buyers 45 days to settle the final dues, warning they could lose their flats.

While Rera benches have taken steps against defaulting builders across the country, this is the first time that such an order has been issued against homebuyers of housing projects on a complaint from a developer, officials said.

UP-Rera member Balwinder Kumar told TOI the developer complained against 45 buyers, but the order was issued against 25 of them because the complaints against the remaining buyers are yet to be heard by the regulatory authority. “We have made it clear in the order the buyers will have to turn up, pay their balance and take possession of their flats in 45 days, failing which the builder would have the right to deduct 15% of the total amount deposited with it and refund the balance to the investors’ accounts,” he said.

Cape Town is in Noida Sector 74, and Eco Village I and Eco Village III are in Greater Noida. Supertech claims the buyers have not responded or showed up to take delivery of their flats for the past six months.

“Just as the builder has the obligation to meet its commitments to buyers, the investors too have to stick to similar commitments, make timely payments and settle the dues. This order is the first of its kind and also shifts some responsibility to the buyers,” Kumar said. The Supertech management refused to comment on the order.