UP RERA Says Complaints Against Unregistered Projects To Be Heard After Deciding If Registration Was Required

The Uttar Pradesh Real Estate Regulatory Authority (UP RERA) has clarified that complaints by homebuyers in unregistered housing projects will be taken up on merits only after the authority first determines whether the project was required to be registered under the RERA framework.

In an office order dated April 10, issued under Regulation 38 of the Uttar Pradesh Real Estate Regulatory Authority (General) Regulations, 2019, the authority operationalised amendments introduced last month to its adjudication framework for complaints involving unregistered projects.

The clarification follows UP RERA's 10th amendment to the 2019 regulations, which inserted clauses 24(e), 24(f), and 24(g) dealing with adjudication of complaints concerning unregistered projects.

Under the revised framework, if a homebuyer files a complaint against an unregistered project, the hearing Bench must first decide whether registration of that project was legally required under the Real Estate (Regulation and Development) Act, 2016.

If the Bench concludes that registration was mandatory, it will make a separate reference to the Secretary for further action relating to registration of the project in accordance with the Act, Rules, and Regulations. Only thereafter will the Bench proceed to decide the complaint on merits and determine admissible relief, if any.

The authority said the change was necessitated because while details of registered projects and promoters are already available on its portal for issuance of notices and adjudication, corresponding information relating to unregistered projects is unavailable.

To address this, UP RERA has directed complainants filing Form-M complaints against unregistered projects to furnish extensive additional information and supporting documents.

This includes promoter details such as the promoter's name, registered office address, company email details, residential and correspondence addresses, contact numbers, and email details of directors, partners, office-bearers, or other responsible persons connected with the promoter.

Complainants must also furnish detailed project particulars, including the project's name, full address, khasra and plot details, Google location, land ownership details, project type, approval details, number of units, construction status, occupancy particulars, and details of nearby registered RERA projects.

Supporting documents such as booking applications, allotment letters, builder-buyer agreements, payment receipts, bank account details, allottee ledgers, approved maps, and development agreements must also be uploaded wherever available.

The authority further clarified that admissible relief would be based on evidence adduced by parties as well as material available with the authority, including through physical inspections.

As part of the revised procedure, a mandatory pop-up message will now appear on Form-M informing complainants that the hearing Bench will first determine whether the project was required to be registered before proceeding with the complaint.

The order also states that complaints involving unregistered projects will continue to undergo pre-listing scrutiny in accordance with the authority's December 2, 2023 order before being placed before the concerned Bench.

Separately, the 10th amendment also revised administrative charges for transfer-related requests, capping processing fees at ₹1,000 where the successor-in-interest or assignee is a family member of the allottee, and ₹25,000 where the successor-in-interest or assignee is not a family member.