The promoters have to manage the affairs of the project before handing over the management to the association of allottees, pronounced the Odisha Real Estate Regulatory Authority (ORERA) in an interim order.
While hearing a petition filed by the Kalyan Plaza Annex Owners Welfare Association, an association of individual flat owners at Sundarpada area in Khordha, against the Hi Tech Estates & Promoters, the regulatory authority in the interim order said the promoter is not supposed to leave management before handing over the charge to the association as contemplated U/S 11(4)(e) of the Real Estate (Regulation & Development) Act, 2016.
The Act specifically stipulates that it is the responsibility of the promoter to enable the formation of an association/society of the allottees under the local laws application, ORERA said in its order.
One Rabindra Rath, who is a resident of Kalyan Plaza, alleged that even after buying a flat in 2009, the promoter is yet to complete the project. Though the construction work of flats is completed, the buyers are yet to get an occupancy certificate.
The promoters have leftover 500 buyers abandoned by not providing basic facilities like fire safety, potable water, sewerage and security, Rath alleged.
"The builder has stopped the maintenance work before handing us over the necessary documents. We have knocked the doors of ORERA as the builder has not got required clearance from the pollution control board and fire department," alleged Rath, who lives in a flat at Kalyan Plaza.
"The builder left the project before the society was formed. The occupancy certificate is yet to be handed over. Hence ORERA directed the builder to look after the maintenance until necessary documents are provided to the occupants," Pradip Kumar Biswal, a member of ORERA.
Meanwhile, the Real Estate Association said builders must provide the necessary facility as per the agreement of the project. The ORERA's interim order is to maintain an amicable understanding between the builders and buyers.
"There is only consumers' viewpoint in the ORERA interim order. I believe the interim order has been passed to maintain an amicable understanding between the builders and buyers," said D S Tripathi, Joint Secretary of Credai.