UPRERAofficial UPRERAofficial @UPRERAofficial Page 1 of 78 Uttar Pradesh Real Estate Regulatory Authority (UP RERA) U.P. Real Estate Regulatory Authority U.P. Real Estate Regulatory Authority Lucknow Head Quarters NCR Regional Office Rajya Niyojan Sansthan (Naveen Bhawan), H-169, Gamma-II, Greater Noida, Kala Kankar House, Old Hyderabad, Gautam Buddha Nagar - 201310 Lucknow-226007 Email ID : [email protected] Email ID : [email protected] S.N Name Designation Lucknow Head NCR Regional o. Quarters Tel. Office Tel. 1. Shri Rajive Kumar Chairman 0522-2781444 0120-2326111 2. Shri Balvinder Member 0522-2781441 0120-2326114 Kumar Smt. Kalpna Misra Member 0522-2781445 0120-2326112 3. Shri Bhanu Pratap Member 0522-2781446 0120-232610 4. Singh 5. Shri Abrar Ahmed Secretary 0522-2781440 0120-2326113 UPRERAofficial UPRERAofficial @UPRERAofficial Page 2 of 78 Contact - UP RERA Lucknow Head Quarters S. Name Designation Tel. No 1 Shri Piyush Chandra Shrivastava Adjudicating Officer 2. Shri Shudhanshu Tripathi Finance Controller 0522-2781443 3. Shri Mani Prasad Mishra Conciliation Consultant 4. Shri Subhodh Rai Technical Advisor 0522-2781454 5. Shri Uma Shankar Singh Joint Secretary 0522-2781451 6. Shri Ashok Kumar Executive Engineer 0522-2781442 7 Shri Amrish Kumar Assistant Director-System 0522-2781449 8 Shri Ganesh Mishra System Analyst 0522-2781449 9 Shri Virendra Nath Mishra Administrative Officer 0522-2781451 10 Shri Rajneeh Sharma Public Informative Officer 0522-2781451 11 Helpdesk 0522-2781448 NCR Regional Office S.N Name Designation Tel. o 1. Shri Chaitanya Kumar Kulshrestha Adjudicating Officer 2. Shri R.D Paliwaal Conciliation Consultant 3. Shri Balram Verma Deputy Secretary 0120-2326104 4 Helpdesk 0120-2326104 UPRERAofficial UPRERAofficial @UPRERAofficial Page 3 of 78 UP RERA: Helping the Buyers and Transforming Real Estate Sector The first annual report of UP RERA provides an overview of the Authority’s journey, highlights its key achievements and reflects on the major milestones till now. Divided into three parts, this re- port provides the background to its inception, action by the Central and State Governments in its formation, the role of the interim regulator and the contributions of the permanent authority since assuming office on 9thAugust, 2018. Background: (2015-2016) Role of the Central and the State Governments The real estate sector had come under tremendous pressure during the years 2015 and 2016. Large number of the real estate projects had come to a halt with little or no progress on the ground; the home-buyers, who had invested their life-time saving, had limited recourse to a rapid resolution of their problems; the developers were non-responsive; and the development authori- ties faced serious constraints in regulating them. The need of the hour was for transparency, dis- cipline and the timely delivery of projects, which was too important to be neglected any further. Therefore, the Government of India resolved to establish a regulatory authority in all the states and the union territories across the country to help the consumers, bring about financial discipline and transparency and to develop and transform the real estate sector. The Real Estate (Regulation and Development) Act, 2016, widely acknowledged as one of three most important reforms undertaken by the present Government, was enacted on March 25, 2016. Subsequently, by notifications, the Government appointed first day of May 2016 as the effective date for sections 2, 20 to 39, 41 to 58, 71 to 78 and 81 to 92 and appointed first day of May 2017 for coming into force of sections 3 to 19, 40, 59 to 70 and 79 to 80. The State Governments were further em- powered to designate an officer, preferably Secretary to the Government, dealing with the housing sector, as interim regulatory authority till the establishment of the permanent authority and to designate any appellate tribunal working in the state as interim appellate tribunal till the establish- ment of the permanent appellate tribunal. Uttar Pradesh was one of the first states to promulgate the Rules on October 27, 2016 and also to issue orders to establish the regulatory authority. UPRERAofficial UPRERAofficial @UPRERAofficial Page 4 of 78 RERA was a priority for the new Yogi Adityanath, Hon’ble Chief Minister of Uttar Pradesh ment under the Hon’ble Chief Minister, launching website of UP RERA on 26.06.2017 at Lucknow Yogi Adityanath. Orders were issued on 3rd May, 2017, designating the Additional Chief Secretary, Housing and Urban Planning Department as interim regulatory authority. In order to address one of the major concerns of the home-buyers, that the promoters either did not execute any agreement for sale or even when executed were done on unequal terms, the State Government notified the Rules on model “Agreement for Sale” on 17th October, 2018. These Rules were drafted after extensive consultation with all the stakeholders and provide that no promoter can accept more than 10 percent of the unit cost from a buyer without first entering into a registered agreement for sale in the format notified by the State Government. The Government on 24th January, 2018, also designated the State Transport Appellate Tribunal to hear appeals from the orders of the Authority till the permanent Tribunal under the Act was es- tablished. The establishment of the Permanent Authority took place on 4th August, 2018, with the appoint- ment of Shri Rajive Kumar (IAS 1981) as Chairman and Srimati Kalpana Mishra (HJS), Shri Balvind- er Kumar (IAS 1981), (former Secretary to the GOI) and Shri Bhanu Pratap Singh (IPS 1985) (for- mer DG–UP) as members. For the convenience of the consumers and in order to facilitate a quick resolution of the com- plaints pertaining to a high volume of projects and complaints in NCR, the Government, on the recommendations of the Authority, has established a regional bench of RERA at Greater NOIDA, in district Gautam Buddha Nagar. The Appellate Tribunal was formally notified by the Government, on 22nd September, 2018, with the appointment of Justice Tarun Agrawal as Chairman and Shri Tej Bahadur Singh (HJS), Shri Rajiv Mishra (IRSME) and Shri Kamal Kant Jain (CA) as members. Justice Tarun Agrawal did not assume the charge of the office since he was subsequently appointed chairman of the Securities Appellate Tribunal, the members assumed charge on 24th September, 2018. The Government on 30th March, 2019, authorized the judicial member Shri T B Singh to Chair the proceedings of the Tribunal. The Government vide its order dated 20th July, 2019 appointed Justice Devendra Kumar Arora as Chairman of the Tribunal, who assumed charge on 22nd July, 2019. The Authority, on 2nd April, 2019, in consultation with the Government, appointed Shri Piyush Sri- vastava (HJS) as Adjudicating Officer at Lucknow and Shri Chaitanya Kulshrestha (HJS) at Greater NOIDA for adjudication of compensation as provided in the Act. This completes all the institutional arrangements by the Government. UP RERA: Activities under the Interim Regulator A web-based system for registration of projects and real estate agents was created in record time of 45 days. During this period, extensive advocacy programs were conducted across the state to familiarize the stake holders with the provisions of the Act and their rights and obligations. UPRERAofficial UPRERAofficial @UPRERAofficial Page 5 of 78 With the launch of UP RERA website by the Hon’ble Chief Minister, Yogi Adityanath, at a public function on 26th July, 2017 online registration of projects, real estate agents and the complaints was initiated. Over a thousand complaints were registered on the web-portal within a short period of time. In- voking the powers under section 81 of the Act, the Authority delegated the powers to hear and decide the complaints to some of the senior officers working in the Housing department effective from November 2017. The disposal of the complaints at various locations in the State was through a web-based manage- ment system - a first in the country. Based on the feedback and requirement of the stakeholders, the Authority vide its order dated 7th May, 2018 laid down the procedure for editing the project details on its website, filling of Quarter- ly Progress Report (QPR), uploading of the certificates issued by the Chartered Accountant, Arc- hitect and the Structural Engineer, change in bank details, etc. Website of UP RERA UP RERA : Initiation Phase The Chairman and the members were adminis- tered oath of office and secrecy by His Excel- lency the Governor of Uttar Pradesh on 9th Au- gust, 2018.The headquarters of the Authority is in the New Building of the State Planning Insti- tute at Kala Kankar House, Old Hyderabad, Lucknow. The Authority, in its first meeting on 12th Au- gust, 2018 took the following key decisions: - UPRERAofficial UPRERAofficial His Excellency Governor of Uttar Pradesh Shri Ram Naik administering the Oath of office to the Chairman and the @UPRERAofficial members of UP RERA on 09.08.2018 at Raj Bhawan, Lucknow Page 6 of 78 • Establishment of the Regional Bench of RERA at Gautam Buddha Nagar for the benefit of stake- holders in NCR. • Ensure establishment of two fully functional offices at Lucknow and at Greater NOIDA within 30 days. • Decision to create two benches to hold the court work at Lucknow and NCR on all 5 days of the week. • Lucknow bench was to hear the complaints from Non-NCR districts, whereas Greater NOIDA bench was to hear the cases relating to 8 districts of NCR. • Decision to ensure hearing by two members in each bench in the initial phase. • Authority would meet every week at Lucknow on Wednesday, for discussion, brainstorming and collective decision making in important matters. • Decision to establish the NCR office in the old office building of Greater NOIDA. The Authority took a two-day study tour of Ma- ha-RERA to understand its best practices and to adapt the conciliation mechanism and the scheme of adjudicating officer.