Uttar Pradesh Real Estate Regulatory Authority rules for buyers:Aziagaya developers must hand over club and common facilities to association as per official order

Uttar Pradesh Real Estate Regulatory Authority (RERA) has delivered a historic verdict against Aziagaya Developers Private Limited located in the capital Lucknow. In this decision, RERA provided major relief to Azea Botanica Apartment Buyers Association on Friday by ordering that the developer cannot claim private ownership or commercial use of the club and common facilities built in the project. This decision is considered important in strengthening buyers’ rights in the real estate sector. RERA takes strict action on Association’s complaint, puts stop to developer’s arbitrary actions In this case, Asia Botanica Apartment Buyers Association complained that the developer attempted to retain possession by declaring club house and other common amenities as “independent areas” by making changes to the layout plan without consent. After detailed investigation, RERA tribunal found that this action was against the law and a clear violation of buyers’ rights. The order stated that the promoter cannot commercially use these common areas nor can claim ownership over them. Club and common areas will be under buyers’ control, order to hand over physical possession In its order, the RERA bench clarified that the developer must hand over actual control of the club house, common areas and facilities to the apartment owners’ association. Additionally, the developer was directed to provide the association with original approved plans, maps and records related to the entire project, common areas and facilities. This order is being seen as a solid step towards restoring buyers’ legitimate rights as well as transparent management. Punitive action initiated against developer for violation of rules RERA acknowledged that Aziagaya Developers violated several rules including the RERA Act, 2016 and the Uttar Pradesh Apartment Act, 2010. The authority has decided to initiate punitive action under Section 61 in this matter. RERA clarified that in future, no promoter will be allowed to control or commercialize the common areas of the project. A landmark decision for buyers, strong message sent to real estate sector. This RERA decision is not only a major relief for residents of Aziaa Botanica project, but also sends a strong message to the entire real estate industry. Now the operation and maintenance of the project’s common areas, club and facilities will be completely under the association’s control.