BENGALURU: Several diluted points in the final notification on RERA have not gone down well with the consumers. Members of ‘Fight for RERA’ group say they will challenge the dilutions in the court of law. They are also contemplating a massive protest in near future.
“The rules for sale agreement are withheld and not notified. The Act says all the projects that have not received the occupation certificate/completion certificate (OC/CC) shall come under the purview of RERA, but the State government has still a lot to clarify. The development works, which have been completed as per the Act and certified by “comapetent agency,” and where 60% sale or lease is completed, have been excluded,” says M S Shankar, convener of Fight for RERA’s Karnataka Chapter.]
“There is no clarity over the competent agency. It is presumed to be the builders, architects or engineers. The rights available to the consumers under RERA Act to complain for any structural defects for 5 years have also been snatched away,” he adds.
On the selection committee of regulatory authority and appellate tribunal, the Karnataka Rules Draft released on October 24 had a provision that the chairperson of the appellate tribunal shall be appointed by the State government in consultation with the Chief Justice of High Court of Karnataka under provisions of subsection(2) of Section 46.
“This has been diluted in the final rules by eliminating the details of the selection committee members. The interim regulatory authority is identified as Secretary of Housing and the interim appellate tribunal as “Karnataka appellate tribunal.” Co-incidentally, both the positions are held by one person,” says Ajit Naik, another member of Fight for RERA group.
“There is no provision for nomination for interim regulatory authority and appellate tribunal after the notification of all sections, effective from May 1, 2017. The state had this option to nominate interim regulatory and appellate tribunal till April 30, 2017 before all the sections of the Act were notified by the government of India,” adds Naik.