Gurugram bench of Haryana Real Estate Regulatory Authority (HARERA) has made it clear that lack of moral behavior with the client, denial of their rights as mandated in the act, non-supply of necessary information to the allottee by the developers shall be pickled as violation of the Real Estate (Regulation and Development) Act, 2016 and promoter will meet with strict actions and penal consequences.
KK Khandelwal, Chairman, HARERA, has passed these orders after the bench was apprised of such negligence and laxity in the attitude of the promoter.
The authority has also directed two reputed promoters namely EMAAR and JMD provide training for their customer relation management department so that the allottees are treated with dignity and grace. Meanwhile these allottees are the ones who invest their hard-earned money into buying the units of the project and in turn help the promoters to sell and make profits, the bench has observed.
Corroborative the development, Khandelwal said that it had been observed that a large number of complaints have been filed before the authority where serious allegations of misbehavior and improper treatment have been levelled by allottees against the promoters.
He additional stated that the HRERA Gurugram is in the process of confirming a code of conduct for the sponsors and their staff regarding dealing with the allottees/customers while working out their rights under the provisions of RERA Act.
“Customer is the God as observed by Mahatma Gandhi, the father of the nation, the same spirit needs to prevail within the real estate sector. The Specialist will also organize the workshop to teach the promoters and their employees regarding the rights as well as duties of allottees as provided in the Act. The allottees shall also be made conscious of their rights and duties and their obligations towards the promoter. This kind of consciousness will help in the growth of the real estate sector in the millennium city which is known for future destinations of residential, commercial, cyber IT and industrial complexes,” Khandelwal added.
Previous, in an implementation request a strict action was taken against the main player in the real estate sector i.e. M/s EMAAR MGF Ltd. following which a decree has been satisfied by the sponsor amounting to Rs 2 crores (approximately). Almost 35 matters pertaining to numerous promoters an order has been passed directing the gatherings to appear before the mediation centre in pursuance of the orders of the Authority with respect to intercession for quick redressal of the complaints. The settlement amount may be around Rs. 150 crores.
The authority working out the powers under section 35 of the Act appointed an investigation commissioner against M/s Vipul Ltd. to investigate about the conditions under which the possession was not decided on time as per statutory provisions and also to look into the likelihood of non-completion of necessary development works for issuance of the occupation certificate on applying date as well as receiving it. In this regard the Expert has directed to pledge suo motu proceedings against the promoter.
Similarly, a heavy cost was executed on M/s Vatika Ltd and M/s Anjali Promoters and Development Pvt. Ltd. for pointless delay in filing of the reply to the complaint filed against them.