UP RERA sets format for possession letters to flat buyers

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Noida, Jun 8 (PTI) To prevent arbitrariness being done by promoters through the offer of possession letters sent to flat buyers and to eliminate the disputes arising between them due to this, the UP RERA on Saturday said it has made available a model format of the letter on its website.

The Uttar Pradesh Real Estate Regulatory Authority (UP RERA) recalled its order issued on May 29 in which it had clarified that the promoters will issue an offer of possession to the allottees in the same format as available on the portal.

It had also directed project promoters to make no binding conditions on the allottees in any way through the offer of possession letter, the UP RERA said in a statement.

"The promoters send 'final demand letter' and 'final demand notice' using the name and language of 'Offer of Possession', which creates confusion among the allottees, and it carries some binding conditions. 'Offer of Possession' should be meant only for the purpose of taking possession," UP RERA Chairman Sanjay Bhoosreddy said.

"Hence, we have made available a model 'Offer of Possession' on the portal and any other format of letter will not be valid. This will remove confusion among the stakeholders and help in disposal of disputes related to it," Bhoosreddy added.

After receiving the OC/CC (occupancy certificate/completion certificate) of the project, the offer of possession letters will be sent to the allottees by the promoter in writing to their registered email and residential address by post and they will also be informed by SMS on their respective mobile numbers and phone number, the UP RERA said.

"In this regard, the promoter should also display information at the project site and its head office," RERA said.

"Keeping in mind the complaints received regarding the Offer of Possession letter issued to the allottees by the promoters and variety of formats of the letter, the Regulatory Authority has uploaded a model format of Offer of Possession so that uniformity can be achieved in the language and purpose of this letter," it added.

The core intention of the letter related to 'offer of possession' should be that the allottee is being invited to hand over the possession of his/her unit. If any construction work is still remaining in the unit, the promoter will have to clearly mention the remaining finishing work of the unit and the duration required for completion, it noted.

"If the allottee has any liability, then it should not be outside the scope of the Agreement for Sale and its legal justification should be proved.

Letters sent using demand notice, final demand notice and offer of possession or similar language will not be considered as Offer of Possession letter," the UP RERA said.

It said the offer of possession letters should be sent within two months of receiving OC/CC and at the time of possession, a copy of OC/CC certificate issued by the development authority will also have to be given to the allottees. PTI KIS MR

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