Скачать или смотреть SC’s landmark judgement clears haze on many fronts: UP RERA Chairman Rajive Kumar

The Supreme Court’s landmark judgement has clarified a lot of legal points which have been raised at various forums, says UP RERA Chairman Rajive Kumar. In an exclusive chat with R&M TV, Kumar said that there is now a complete clarity on ongoing projects, which as per the Act implies that on May 1, 2017, all projects which did not have their completion certificates, etc, they would be deemed to be ongoing and RERA Act would be completely applicable to such projects. “This was one area where there has been a bit of a haze which has been clarified by the honorary Supreme Court”, Kumar said. The UP RERA Chief further added that almost 40% of the whole country's cases have been filed in UP, of which almost 80% are in NCR. Keeping in view this huge and challenging amount of work, UP RERA has worked extremely hard and it was taken as an early decision by UP RERA authorities that single members were also requested to take up these cases so that they can be disposed off as early as they can. And UP RERA have been fairly successful because almost 40% of the whole country's disposal has been in UP. Kumar said, “This single member issue has also been challenged in many cases which the honourable Supreme Court has upheld that the powers to delegate exists, and this delegation is as per law”. The UP RERA Chairman further added that one more issue which was creating some confusion was that for refund, if it is not repaid, is to issuance of the recovery certificates to the revenue authorities. Kumar said there was a confusion in the sense that whether it's for interest or is it for principal amount, it has been clarified that the total amount which includes principal and interest can be recovered through a recovery certificate and also the issue regarding the amount of payment to be made at the time of filing an appeal with the RERA Appellate Tribunal, matter also stands clarified. “With all these things, lot of legal issues now stand clarified, which is good for the sector, which is good for the buyers, which is also good for the builders to the extent that they can concentrate on delivery of projects rather than getting into issues which have now been clarified”, said Kumar.