Gurgaon homebuyers patience runs out, set to file case against diluted RERA in Haryana

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New Delhi | Published: October 27, 2017 2:12 AM

After nearly three months of the implementation of the Real Estate (Regulation and Development) Act in Haryana, a group of homebuyers of Gurgaon is likely to file a petition in the Punjab and Haryana high court soon to challenge it.

Gurgaon homebuyers, RERA, haryana, RERA rules, Gurgaon Citizens Council, FPCE, Bombay high court,  Real EstateThe state has allowed a builder to be exempt from the purview of RERA even if he had applied for a licence, or received a part completion certificate, before the act is notified. (PTI)

After nearly three months of the implementation of the Real Estate (Regulation and Development) Act in Haryana, a group of homebuyers of Gurgaon is likely to file a petition in the Punjab and Haryana high court soon to challenge it.”We will file the petition most likely in two weeks…Our aim is to ensure that the Haryana government’s RERA rules are on the lines of those laid down by the central government. But they have diluted the to favour builders,” Gaurav Prakash, one of the homebuyers said. The state government has been facing severe criticisms from homebuyers for ‘diluting the central law by changing the definition of ongoing projects’, leaving most residential projects outside the purview of the act.

The state has allowed a builder to be exempt from the purview of RERA even if he had applied for a licence, or received a part completion certificate, before the act is notified. This means builders who do not complete projects and leave homebuyers in the lurch, cannot be penalised as per RERA guidelines. By exempting projects for which an application for completion or occupation certificate (CC/OC) has been made on or before the rules are notified, Haryana has taken a lenient attitude towards builders.

Last month, Gurgaon Citizens Council, a city-based organisation had filled petition in the high court challenging the RERA rules. The high court will hear the matter on November 23. “Haryana has completely diluted the rules. It says anyone who has received part CC or OC or has merely even applied for part CC or OC will be out of the ambit of the act. Then what is the purpose of the act,” president of the council R S Rathee said.Earlier this month, pan-India homebuyers’ pressure group Fight For RERA formed a non-profit company called Forum for People’s Collective Efforts (FPCE) which would represent the buyers in all the cases pertaining to the Real Estate (Regulation and Development) Act in the Bombay high court. Over the last few months, many builders have challenged the provisions of RERA in different courts across the country. The Supreme Court has directed Bombay high court to hear and dispose the RERA case within two months. The Bombay high court has ordered a day to day hearing from October 30, Abhay Upadhyay, national convenor of Fight For RERA and president of FPCE said.

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