The Haryana Real Estate Regulatory Authority (RERA) has taken strict action against Vatika Limited, a prominent real estate firm, for violating provisions of the builder-buyer agreement (BBA). The regulatory authority has imposed a penalty of over ₹6 lakh on Vatika Ltd and directed the promoter to execute the BBA within a month, as per the order passed by Judge S K Arora.
Violation of BBA Provisions
The order highlights the violation of Section 13 of the Real Estate (Regulation and Development) Act, 2016, by Vatika Limited. Section 13 mandates that a promoter cannot accept more than 10% of the total cost of an apartment, plot, or building as advance payment without first entering into a written agreement for sale with the buyer and registering the said agreement for sale. In this case, Vatika Limited accepted 100% of the consideration without executing the BBA, which constitutes a clear violation of the act.
Penalty and Directions by RERA
In response to the violation, the Haryana RERA has imposed a penalty of ₹1,00,000 in each complaint against Vatika Limited. Additionally, the promoter has been directed to execute the registered buyer’s agreement within 30 days from the order. Failure to comply with this directive may result in further penal action under Section 63 of the Act.
Relief to Complainants
The regulatory authority’s action comes in response to complaints filed by five allottees who approached the Gurugram RERA seeking justice after failing to get relief from Vatika Limited. These complainants had booked commercial units in the Vatika India Next project in 2018 but had not received the builder-buyer agreement. Furthermore, Vatika Limited transferred their units to a different project without their consent and reduced the unit sizes, causing additional grievances to the allottees.
Response from Vatika Limted
In response to the order, a spokesperson from Vatika Ltd stated that the company intends to appeal the decision, citing that all facts of the case and the company’s representations have not been adequately considered.
Conclusion
The stringent actions taken by the Haryana RERA against Vatika Limited underscore the importance of adhering to BBA provisions and protecting the rights of homebuyers. The regulatory authority’s efforts aim to ensure transparency, accountability, and fairness in real estate transactions, ultimately safeguarding the interests of consumers.