RERA Orders Builder to Obtain Occupancy Certificate for Royal Nest Sapphire Apartments

Excelsior Correspondent

JAMMU, Mar 15: In a significant relief for homebuyers, the J&K Real Estate Regulatory Authority (RERA) has ruled in favor of apartment owners Ritu Khajuria and Sangeeta Sharma in their complaints against developer Omkar Nest Pvt. Ltd., the promoter of Royal Nest Sapphire Apartments located on Kunjwani Bye-pass Road.

The RERA order held that the builder handed over possession of flats without obtaining the mandatory Occupancy Certificate (OC), which is mandatory as per verdicts of various courts, including High Courts and the Supreme Court of India. This non-compliance has been a recurring issue in the real estate sector, often leaving homebuyers in a lurch.

The Authority directed the developer to obtain the Occupancy Certificate within six months at his own cost. Until then, the builder has been ordered to bear the maintenance charges of the complainants, and any maintenance fees already collected must be adjusted in future dues. This decision ensures that the financial burden does not fall on the homebuyers while the developer rectifies the non-compliance.

The Authority also directed the developer to install Electric Vehicle (EV) charging infrastructure within six months in compliance with the J&K Unified Building Bye-Laws, 2021. This move aligns with the growing trend of promoting sustainable and eco-friendly practices in residential complexes.

Additionally, the RERA order mandates the developer to resolve the seepage issue in the basement parking. This problem has been a significant concern for the residents, affecting the usability and safety of the parking area.

The ruling is being viewed as an important step in strengthening the rights of homebuyers and ensuring greater accountability in the real estate sector. It sends a strong message to developers that non-compliance with regulations will not be tolerated and that the interests of consumers are paramount.

This decision by RERA is expected to set a precedent for similar cases and encourage developers to adhere to all legal and regulatory requirements. It also highlights the importance of robust regulatory frameworks in protecting the rights of homebuyers and maintaining the integrity of the real estate market.

The J&K Real Estate Regulatory Authority (RERA) was established to regulate the real estate sector and promote transparency, accountability, and consumer protection. Since its inception, RERA has played a crucial role in addressing the grievances of homebuyers and ensuring that developers adhere to the highest standards of compliance.

In conclusion, the RERA ruling in favor of the complainants at Royal Nest Sapphire Apartments marks a significant victory for homebuyers and underscores the importance of regulatory oversight in the real estate sector. It is a step in the right direction towards ensuring a fair and transparent market for all stakeholders.