In a first of its kind, the Uttar Pradesh Real Estate Regulatory Authority (UP RERA) imposed a penalty on a homebuyer for repeatedly filing complaints about the same issue, despite having received relief. The homebuyer had filed four petitions regarding compensation for delay in registration of his unit in a Noida project, even after receiving possession and over INR 2.68 lakh as interest from the promoter. Seeing this as a misuse of the legal process, the UP RERA chairman imposed a INR 5,000 fine. This landmark action by UP RERA sends a clear message that while it is committed to protecting home buyers' interests, repeated frivolous complaints on issues already addressed will not be tolerated.
In a first such case, the Uttar Pradesh Real Estate Regulatory Authority (UP RERA) imposed a penalty on a buyer for "misusing the process of law". The allottee had filed a petition for the fourth time seeking compensation for delay in the registry of the unit. The allottee has already got the possession of the unit in a commercial project in Noida Extension.
UP RERA Chairman Sanjay Bhoosreddy strongly objected to the fourth complaint. It said while UP RERA is committed to delivering justice to genuine homebuyers, some are misusing processes by filing repeated complaints about the same issue. The UP RERA imposed INR 5,000 as a fine on the homebuyer.
According to the regulator, the first complaint was for possession of the unit and payment of interest for delay. The authority had directed the promoter to provide him possession with a registered sub-lease deed and pay the interest for delay in possession. The promoter had complied with this order and provided him possession with registered sub-lease deed and also paid approximately INR 2.68 lakh as interest for the delay.
The homebuyer then filed a second complaint seeking similar relief. That petition was dismissed by the authority on the ground that the matter had been decided previously and the petitioner had also received the relief provided.
The allottee then filed a third complaint before the Adjudicating Officer of RERA seeking compensation. The Adjudicating Officer decided this complaint with order of payment of compensation of INR 50,000.
Thus, the homebuyer received all permissible relief under RERA. However, the allottee filed the fourth complaint seeking relief, which along with the grounds thereof had already been considered and adjudicated by the Adjudicating Officer in the order passed earlier.
The homebuyer's conduct during online hearings was also inappropriate. The UP RERA chairman said the authority is already handling about 40% of the complaints in the country and if one allottee keeps approaching it for the same relief in the same matter again and again, it impacts the delivery of justice to those whose grievances are genuine.
Therefore, a heavy penalty was imposed to deter future misuse of the authority's time.
This landmark action by UP RERA sends a clear message that while it is committed to protecting home buyers' interests, repeated frivolous complaints on issues already addressed will not be tolerated. If left unpunished, such behavior would set a worrying precedent and overwhelm the authority's functioning.
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