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The Appellate Tribunal of the Odisha Real Estate Appellate Tribunal (OREAT) affirmed an earlier order by the Odisha Real Estate Regulatory Authority (ORERA) in favour of a buyer who alleged delayed possession, absence of valid occupancy and fire-safety certificates, and non-provision of amenities promised under the sale agreement. The developer was ordered to pay interest, obtain a proper occupancy certificate and hand over promised amenities. The ruling reinforces protections under the Real Estate (Regulation and Development) Act, 2016 (RERA) and signals greater accountability for developers.
Earlier this week, the Odisha tribunal dismissed an appeal by a city-based developer challenging ORERA's finding in a complaint filed by a home-buyer in the Andharua region. The complainant had paid INR 47.84 lakh but alleged that possession was delivered nearly 20 months late and without the requisite occupancy and fire-safety certificates. The developer contended that the project had been completed prior to RERA's coming into force and presented completion certificates issued in March and April 2017. Advertisement
However, the tribunal found these certificates to be invalid, stating that they were not issued by a competent authority and did not comply with the regulatory norms of the Bhubaneswar Development Authority (BDA). Further, it referenced the BDA's rejection of the occupancy-certificate application on account of construction deviations and missing documentation.
In its order, the tribunal directed the developer to pay interest at 10.2 per cent per annum on the INR 47.84 lakh from December 7, 2019 until August 3, 2021. The developer was also instructed to legally obtain a valid occupancy certificate and hand it over to the buyer. Additionally, the tribunal emphasised that all amenities promised in the sale agreement must be provided without further delay and that an association of allottees must be formed and common areas handed over in accordance with Section 17 of RERA. The tribunal warned that failure to comply within two months could invite further legal action by the complainant.
This verdict by the Odisha tribunal solidifies the regulatory framework's capacity to protect home-buyers when developers fail to meet contractual or statutory obligations. It sends a clear message to promoters that sale agreements and certification norms cannot be sidestepped. Transgressions such as unverified completion certificates or delayed possession are now subject to stricter scrutiny and cost. For buyers, the ruling reinforces confidence in the adjudicatory mechanism under RERA-demonstrating that legal recourse is available and enforceable when rights are compromised.
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