ORERA imposes Rs 62L fine on realtor over lack of proper parking space for flat owner | Bhubaneswar News
Bhubaneswar: Odisha Real Estate Regulatory Authority (ORERA) has imposed a fine of Rs 62 lakh on a city-based realtor for not providing adequate car parking space to a homebuyer in a real estate project in Shankarpur area. This is the first time that ORERA imposed a fine over lack of car parking in any real estate project, officials said.
ORERA initiated a suo motu case under Section 63 of the Real Estate (Regulation and Development) Act, 2016, against the realtor for violating its order passed in Sept 2021 in favour of the complainant.
In its Sept 2021 order, ORERA had directed the realtor to provide covered car parking to the homebuyer. However, the realtor then moved the Odisha Real Estate Appellate Tribunal against the ORERA order. The tribunal rejected the plea of the realtor.
“As the order of the appellate authority was not complied with properly, the complainant brought the matter to the notice of the authority, and as such, to get the matter properly adjudicated, the enforcement officer was directed to visit the project site,” read the ORERA order.
Enforcement officer of ORERA, who visited the site in Dec 2024, reported that the covered car parking space allotted in favour of the complainant is not suitable for parking her vehicle as it is not an independent lot and there is no access to a driveway.
The order cites Section 63 of the RERA Act, which states that if a promoter fails to comply with or contravenes any of the orders or directions of the authority, he/she shall be liable to a penalty for every day during which such default continues.
The ORERA order further stated that the promoter deliberately avoided complying with the Sept 2021 order passed in favour of the complainant within the stipulated time.
“Taking into consideration the circumstances of the case, we hold the respondent is liable to pay Rs 5,000 per day as a penalty for violation under Section 63 of the Act for the period from Sept 28, 2021, till today during which default continues,” the order read, calculating the total amount as Rs 62 lakh.
ORERA initiated a suo motu case under Section 63 of the Real Estate (Regulation and Development) Act, 2016, against the realtor for violating its order passed in Sept 2021 in favour of the complainant.
In its Sept 2021 order, ORERA had directed the realtor to provide covered car parking to the homebuyer. However, the realtor then moved the Odisha Real Estate Appellate Tribunal against the ORERA order. The tribunal rejected the plea of the realtor.
“As the order of the appellate authority was not complied with properly, the complainant brought the matter to the notice of the authority, and as such, to get the matter properly adjudicated, the enforcement officer was directed to visit the project site,” read the ORERA order.
Enforcement officer of ORERA, who visited the site in Dec 2024, reported that the covered car parking space allotted in favour of the complainant is not suitable for parking her vehicle as it is not an independent lot and there is no access to a driveway.
The order cites Section 63 of the RERA Act, which states that if a promoter fails to comply with or contravenes any of the orders or directions of the authority, he/she shall be liable to a penalty for every day during which such default continues.
The ORERA order further stated that the promoter deliberately avoided complying with the Sept 2021 order passed in favour of the complainant within the stipulated time.
“Taking into consideration the circumstances of the case, we hold the respondent is liable to pay Rs 5,000 per day as a penalty for violation under Section 63 of the Act for the period from Sept 28, 2021, till today during which default continues,” the order read, calculating the total amount as Rs 62 lakh.
