Lack of moral behaviour, non-supply of info to allottees by developers amounts violation of statute: HRERA Gurugram

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CHANDIGARH: The Haryana Real Estate Regulating Authority (HRERA) Gurugram has made it clear that lack of moral behaviour with the customer, denial of their rights as mandated in the act, non-supply of requisite information to the allottee by the developers shall be treated as violation of the Real Estate (Regulation and Development) Act, 2016 and promoter will meet with strict actions and penal consequences.
The Gurugram bench comprising its chairman K K Khandelwal and members including S C Kush and Samir Kumar has passed these orders after the bench was apprised of such negligence and laxity in the attitude of the promoter. The authority has directed two reputed promoters viz. EMAAR and JMD provide training for their customer relation management department so that the allottees are treated with dignity and grace. Since 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.
Confirming 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 misbehaviour and improper treatment have been levelled by allottees against the promoters.
He further stated that the HRERA Gurugram is in the process of finalizing a code of conduct for the promoters and their staff regarding dealing with the allottees/customers while exercising 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 Authority will also organize the workshop to educate 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 aware of their rights and duties and their obligations towards the promoter. This kind of awareness 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.
Earlier, in an execution petition a strict action was taken against the major player in the real estate sector i.e. M/s EMAAR MGF Ltd. following which a decree has been satisfied by the promoter amounting to Rs Two crores (approximately). In nearly 35 matters pertaining to various promoters an order has been passed directing the parties to appear before the mediation centre in pursuance of the orders of the Authority with respect to mediation for speedy redressal of the complaints. The settlement amount may be around Rs. 150 crores.
The authority exercising the powers under section 35 of the Act appointed an investigation commissioner against M/s Vipul Ltd. to enquire about the circumstances under which the possession was not granted 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 the date of applying as well as receiving it. In this regard the Authority has directed to initiate suo motu proceedings against the promoter.
Likewise, a heavy cost was imposed on M/s Vatika Ltd and M/s Anjali Promoters and Development Pvt. Ltd. for unnecessary delay in filing of the reply to the complaint filed against them.



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