UPRERA orders Ghaziabad promoter to restore allotment to allottee and deliver possession of home in 45 days

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The promoter has been ordered to pay interest of MCLR plus 1 percent to the allottee for the delayed period from April 2022 till the receipt of OC or CC, the authority said.

The Uttar Pradesh Real Estate Regulatory Authority (UPRERA) has directed the promoter of a housing project to restore the allotment of a cancelled unit to the allottee and offer possession along with occupancy certificate (OC) and completion certificate (CC) within 45 days.

The allottee, Saurabh Gupta, had booked a unit in the T Homes-Phase 1 project located at Siddharth Vihar, Ghaziabad. According to the agreement for sale signed in 2019, nearly 100 percent of the amount was paid for the unit worth Rs 57.95 lakh, which was to have been handed over in March 2022. As a condition for the handover, the promoter T and T Infrazone Pvt. Ltd had demanded approximately Rs 7 lakh as interest from Gupta even though construction was not complete. On non-payment of the amount, the promotor cancelled the allotment, UPRERA said in a statement on September 15.

It said that troubled by the delay in getting possession and cancellation of allotment, the allottee filed a complaint against the promoter before the authority in 2022.

UPRERA in its ruling ordered the promotor to immediately restore the allotment of the cancelled unit, prepare the unit along with OC/CC within the next 45 days and offer possession. Apart from this, the promoter has been ordered to pay interest of MCLR plus 1 percent to the allottee for the delayed period from April 2022 till the receipt of OC or CC, the authority said.

There was no immediate response available from the promotor on the above development.

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