UPRERA To Accept Only Written Complaints From Homebuyers

The Uttar Pradesh Real Estate Regulatory Authority (UPRERA) has recently announced a significant policy change that mandates all homebuyers to submit their complaints in writing. This decision, effective immediately, aims to streamline the complaint resolution process and minimize errors that have previously caused delays and dissatisfaction among complainants.

The Issue with Oral Complaints

Historically, UPRERA has accepted both oral and written complaints. However, the practice of accepting oral complaints has led to several complications. As per Hindustan Times a recent notable example involved a homebuyer, (name not revealed), who provided details about his property purchase during an oral hearing. Later, upon reviewing his documents, he realized the dates he provided were incorrect. The final order was based on the inaccurate details he initially remembered, leading to his dissatisfaction and a prolonged dispute resolution process that took months instead of days.

This case is one of many that have highlighted the inconsistencies and errors arising from oral submissions. Inaccurate or incomplete details often lead to final orders that do not align with the actual circumstances, causing confusion and additional delays when complainants attempt to rectify the information post-judgment.

Standardizing Written Submissions

To address these issues, UPRERA has decided to standardize the submission of complaints by requiring them to be in writing. This move aims to provide a clear, concise, and consistent method for homebuyers to present their grievances. By doing so, the Authority hopes to ensure that all necessary details are accurately captured from the outset, thereby facilitating a fair and swift resolution process.

A new format for written complaints has been prepared and uploaded on the UPRERA portal. This standardized format requires complainants to detail their property information, the agreement for sale, payments made, the nature of their complaint, and the specific relief they seek. This structured approach is designed to provide the RERA bench with all the pertinent information upfront, reducing the likelihood of errors and misunderstandings.

The Importance of Written Submissions

According to UPRERA officials, the necessity for written submissions stems from frequent instances where homebuyers alter the relief they seek after the final order has been issued. This practice has led to confusion and delays, as the RERA bench must re-evaluate the case based on the new information. By requiring a written statement of the relief sought before issuing the final order, UPRERA aims to ensure clarity and consistency, ultimately leading to more satisfactory and legally sound outcomes.

The written complaint process will help save time and resources for both the complainants and the Authority. A UPRERA official noted that this new policy would allow for quicker disposal of complaints, as the bench can make informed decisions based on well-documented evidence and requests.

Harmonizing Procedures for Promoters

In addition to standardizing complaint submissions from homebuyers, UPRERA is also introducing a similar format for promoters. This move seeks to harmonize the submissions from both parties involved in a dispute, ensuring that all necessary information is presented in a uniform manner. This consistency will help the RERA bench in delivering fair and balanced judgments, reducing the chances of post-order discrepancies and appeals.

UPRERA Chairman, Sanjay Bhoosreddy, emphasized that this policy change is a step towards strengthening the judicial process within the real estate sector. He pointed out that deviations from the originally sought relief by complainants waste time and effort for all parties involved. By mandating written submissions, the Authority aims to issue final orders that accurately reflect the complainants' requests and ensure efficient legal disposal of complaints.

Expert Opinions and Future Implications

Legal experts and stakeholders in the real estate sector have welcomed UPRERA's decision to mandate written complaints. Venket Rao, a RERA expert and founder of the law firm Intygrat, noted that this standardization effort would reduce inconsistencies and improve the overall efficiency of the complaint resolution process. He highlighted that both homebuyers and lawyers often present complaints and relief requests in varying formats, leading to confusion and delays.

The new policy is expected to benefit the real estate sector by providing a more predictable and reliable dispute resolution mechanism. Homebuyers can have greater confidence that their grievances will be addressed accurately and promptly, while promoters can expect a more transparent and structured process for resolving disputes.

Conclusion

UPRERA's decision to accept only written complaints marks a significant improvement in the regulatory framework governing real estate transactions in Uttar Pradesh. This policy change aims to eliminate errors, reduce delays, and enhance the efficiency of the complaint resolution process, ultimately benefiting all stakeholders involved. By standardizing submissions and ensuring clarity in the relief sought, UPRERA is taking a crucial step towards fostering a more transparent and effective real estate regulatory environment.