Buyers of apartments in J&K with hard saved money helplessly look for day when regular RERA becomes functional

RER&D Act 2016 makes mandatory to establish RERA within a year, but does J&K has a regular RERA ?

No time being authority or ex-Officio body can effectively deliver the contents of RER&D Act 2016

DAYA SAGAR

Till date the J&K Real Estate Regulation Authority (RERA) has not become operational in a regular manner and it is not in public domain whether Parimal Rai appointed as Chairman vide S.O 357 of 01-08-2022 has taken charge of post and if taken, from where the RERA is operating.
One can well Imagine to what undue and large socio-economic damages / stresses / inconveniences the buyers of apartments / flats from some of the real estate promotors in J&K would have been put even after 2016 during last 6 years by just going through The Real Estate (Regulation and Development) Act, 2016, Act No : 16 of 2016 where Section-20 Sub Section-1 lays down that The appropriate Government shall, within a period of one year from the date of coming into force of this Act, by notification, establish an Authority to be known as the Real Estate Regulatory Authority to exercise the powers conferred on it and to perform the functions assigned to it under RER&D Act 2016 , particularly Section-3 of the RER&D Act of 2016 where under it has been mandatory for the promotors of all commercial and residential real estate projects where the land is over 500 (five hundred) square meters or Eight (8) apartments to register with the Real Estate Regulatory Authority (RERA) before launching a project and for on-going projects yet to receive completion certificate ( on the date of the commencement of the Act) to seek registration within 3 months . Each phase is to be treated as standalone real estate project requiring new registration; Section-4a where the information & documents required for registration are mentioned { like (a) a brief details of his enterprise including its name, registered address, type of enterprise (proprietorship, societies, partnership, companies, competent authority), and the particulars of registration, and the names and photographs of the promoter; (b) a brief detail of the projects launched by him, in the past five years,……… (c) an authenticated copy of the approvals and commencement certificate from the competent authority obtained in accordance with the laws as may be applicable for the real estate project mentioned in the application, and where the project is proposed to be developed in phases, an authenticated copy of the approvals and commencement certificate from the competent authority for each of such phases; (d) the sanctioned plan, layout plan and specifications of the proposed project or the phase thereof, and the whole project as sanctioned by the competent authority; (e) the plan of development works to be executed in the proposed project and the proposed facilities to be provided thereof including fire fighting facilities, drinking water facilities, emergency evacuation services, use of renewable energy; (f) the location details of the project, ….; (g) proforma of the allotment letter, agreement for sale, and the conveyance deed proposed to be signed with the allottees; (h) the number, type and the carpet area of apartments for sale in the project …….; (i) the number and areas of garage for sale in the project; (j) the names and addresses of his real estate agents, if any, …….. (k) the names and addresses of the contractors, architect, structural engineer, if any……. (l) a declaration,……. Stating (A) that he has a legal title to the land on which the development is proposed along with legally valid documents with authentication of such title, if such land is owned by another person; (B) that the land is free from all encumbrances, or as the case may be details of the encumbrances on such land} ; Section- 14.3 :- “In case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the promoter as per the agreement for sale relating to such development is brought to the notice of the promoter within a period of five years by the allottee from the date of handing over possession, it shall be the duty of the promoter to rectify such defects without further charge, within thirty days, and in the event of promoter’s failure to rectify such defects within such time, the aggrieved allottees shall be entitled to receive appropriate compensation in the manner as provided under this Act; Section11.3 :- The promoter, at the time of the booking and issue of allotment letter shall be responsible to make available to the allottee, the following information, namely:- (a) sanctioned plans, layout plans, along with specifications, approved by the competent authority, by display at the site or such other place as may be specified by the regulations made by the Authority; (b) the stage wise time schedule of completion of the project, including the provisions for civic infrastructure like water, sanitation and electricity…… like :; Section-11.4 :- The promoter shall- (a) be responsible for all obligations, responsibilities and functions under the provisions of this Act or the rules and regulations made thereunder or to the allottees as per the agreement for sale, or to the association of allottees, as the case may be, till the conveyance of all the apartments, plots or buildings, as the case may be, to the allottees, or the common areas to the association of allottees or the competent authority, as the case may be: Provided that the responsibility of the promoter, with respect to the structural defect or any other defect for such period as is referred to in sub-section (3) of section 14, shall continue even after the conveyance deed of all the apartments, plots or buildings, as the case may be, to the allottees are executed. (b) be responsible to obtain the completion certificate or the occupancy certificate, or both, as applicable, from the relevant competent authority as per local laws or other laws for the time being in force and to make it available to the allottees individually or to the association of allottees, as the case may be; (c) be responsible to obtain the lease certificate, …… and to make the lease certificate available to the association of allottees; (d) be responsible for providing and maintaining the essential services, on reasonable charges, till the taking over of the maintenance of the project by the association of the allottees; (e) enable the formation of an association or society or co-operative society, as the case may be, of the allottees, or a federation of the same, under the laws applicable: Provided that in the absence of local laws, the association of allottees, by whatever name called, shall be formed within a period of three months of the majority of allottees having booked their plot or apartment or building, as the case may be, in the project; (f) execute a registered conveyance deed of the apartment, plot or building, as the case may be, in favour of the allottee ………, as provided under section 17 of this Act ; and like.
Imagine even the miseries of those buyers who might have taken the possession of the apartments / flats from the promoters of real estates / colonies even in or after 2016 who might have been struggling with the promoters pleading for the manufacturing defects / incompletenesses they might have found after taking over the possession ?
Well said transparency and equitable development approach are always all truthfully written in files but question is are they truthfully made to be there in approach ? How would the discrepancies and problems as they exist in the real estate sector in Jammu and Kashmir shall be eradicated with RERA nowhere in regular operation in J&K even after six years of its birth ?
Projects, whether old or new under execution have continued to be not cleared by any “RERA”in J&K and the needy urban buyers with their hard earned/ saved money are at occasions being forced in some cases to buy apartments / plots without any printed prospectus having the project details / administrative /revenue record status given to them and may be being made by some to even taking possession without an completion certificates from the authorities. Complaints have been there for the buyers not being attended by some promoters for manufacturing defects which under Act is mandatory / obligator on the part of promoter upto 5 years from the date the promoter / seller hands over the flat to a buyer after obtaining completion / inspection certificates from the designated authorities.
(The author is Sr Journalist, social activist and analyst J&K affairs [email protected])