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Can RERA complete the pending project in the interest of allottees?

Shivendra Pratap Singh

Advocate

26/04/2022

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Question: Builder absconding with booking money of allottees. Can rera complete the pending project in the interest of allottees? Builder has not started work in 7 years after initial mobilisation. Can landowner and few allottees jointly complete the project as builder absconding with booking money of allottees.

Asked from: Uttar Pradesh

You should form an association of allottees and approach the RERA authority. Section 8 of the RERA Act empowers the authority to take over the pending project. 

The authority can approach and consult the government for construction of pending work and complete the project. But you have to file a complaint with the RERA authority. The time period fixed for the completion of the housing project must be expired on the date of filing of complaint.

As you said, the builder has absconded and is not traceable. In this situation no one will come forward to receive the notice. Hence, the proceeding before the RERA authority will proceed in the absence of the builder. 

In this situation the RERA may take over this project and approach the government to complete the project or permit the association of allottees to carry on the stalled project. 

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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