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The Odisha Real Estate Appellate Tribunal (OREAT) recently upheld a homebuyer's complaint against a city-based developer in Andharua. The buyer had alleged delayed possession, missing occupancy and fire safety certificates, and non-provision of promised amenities. Despite paying INR 47.84 lakh, he received possession nearly 20 months late in August 2021 without the required certifications. The tribunal directed the builder to pay interest, obtain valid occupancy certificates, deliver all promised amenities, and facilitate the formation of an allottees' association, reinforcing the protection of homebuyers under RERA.
The Odisha Real Estate Appellate Tribunal (OREAT) recently dismissed an appeal by a city-based developer, confirming an earlier ruling by the Odisha Real Estate Regulatory Authority (ORERA) in favor of a homebuyer. The buyer had filed the complaint, citing delayed possession, non-issuance of occupancy and fire safety certificates, and failure to deliver all amenities promised in the sale agreement. Despite paying INR 47.84 lakh, he received possession of the unit nearly 20 months later, in August 2021, without proper certifications. Advertisement
The builder contended that the project was completed before the Real Estate (Regulation and Development) Act, 2016 (RERA) came into effect on May 1, 2017, and highlighted that completion certificates were issued in March and April 2017. However, the tribunal found these certificates invalid, noting they were not issued by a competent authority and did not comply with Bhubaneswar Development Authority (BDA) regulations. The BDA had rejected the application for occupancy certificate due to deviations in construction and missing documentation, reinforcing the buyer's claims.
OREAT directed the builder to pay interest at 10.2% per annum on INR 47.84 lakh from December 7, 2019, to August 3, 2021. In addition, the developer was instructed to legally obtain a valid occupancy certificate from the competent authority and hand it over to the buyer. The tribunal also emphasized that all amenities promised in the sale agreement must be provided without further delay. Furthermore, the builder was required to facilitate the formation of an association of allottees and hand over common areas in accordance with Section 17 of RERA. The tribunal warned that non-compliance within two months could lead to additional legal action by the complainant.
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