Noting that RERA regulatory authorities have failed to get their own orders executed against builders, depriving millions of homebuyers of their due, homebuyers have demanded that the government convene a meeting of the Central Advisory Council (CAC) soon under the Real Estate (Regulation and Development) Act, 2016 for timely, effective and coordinated implementation of the legislation.
The last physical CAC meeting was convened in May 2018.
In a letter to Housing and Urban Affairs Minister Hardeep Puri, homebuyers have said that the Central Advisory Council (CAC), “headed by you, constituted under RERA by your Ministry has held its meeting only twice since RERA came into force in 2016. First CAC meeting was held on 14th May, 2018 at New Delhi and second virtual meeting took place on 29th April, 2020.”
“To ensure that RERA remains on track and the fruits of the RERA reaches the last homebuyer and also that the vision of Prime Minister Narendra Modi with regard to real estate sector is achieved, it is necessary that Central Advisory Council (CAC) meets more often and reviews the working and performance of RERA across India so that necessary and corrective action can be taken from time to time,” the letter by the Forum for People’s Collective Efforts has said.
It noted that on May 1, 2022, RERA would enter its sixth year.
“…it is also worth pointing out a harsh fact that sting out of this legislation was first taken out by the states when they notified their Rules diluting them against the provisions of RERA and then again the efficacy of the Act is being made blunt by the Regulatory Authorities (RA) formed under RERA who are deviating from their prime responsibilities to protect the interest of the homebuyers,” the letter written by MS Shankar, general secretary, FPCE said.
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Despite RA in place in most of the states, the malpractices prevalent in the sector are still continuing. Also, no step is being taken by the RA to ensure full transparency in disclosure at the time of sale and also that no course correction is directed by them while construction is in progress so that unnecessary litigation can be avoided later when possession is offered by the builders, the letter dated February 15 said.
“In view of the above mentioned facts and circumstances we appeal to your good-self to kindly call Central Advisory Council meeting at your convenience soon to discuss at length the issues and concerns regarding functioning of Regulatory Authorities and implementation of RERA pan India,” the letter said.
The primary role of the CAC is that of an advisory body which is tasked with the function of finding more effective means to ensure the efficient implementation of the RERA.
CAC was set up in December 2017. The Minister of Housing and Urban Affairs is the chairperson of the council. Besides the chairperson, the council has eight other members from the central government, including Niti Aayog CEO, Secretaries of Ministry of Housing and Urban Affairs, Department of Revenue, Economic Affairs, Department of Industrial Policy and Promotion and Ministry of Corporate Affairs.
To represent homebuyers on this council, the government has inducted president of Forum for People’s Collective Efforts and Federation of Apartment Owners’ Association’s chairman. The council also has a representative of real estate brokers and construction workers.
RERA came into effect on May 1, 2017, and Maharashtra was the first state to implement it by setting up MahaRera. Midwifed by two governments – UPA II and the NDA II – between 2009 and 2016, the legislation was necessitated by the growing misery of tens of thousands of harried homebuyers.
“We are witnessing several mishaps such as loss of lives, unimaginable financial loss, harassment and mental trauma of homebuyers. Public perception is that RERA has deviated from its prime responsibility of protecting the interest of homebuyers and also that the nexus with builders has increased. Hence, there is urgent need to call for a CAC meeting to assess the performance of RERA and take corrective measures after five years of its enactment,” said Abhay Upadhyay, president FPCE and member, Central Advisory Council, RERA, MoHUA.
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