“This judgment will reinforce confidence among buyers that they do have a legal remedy against a developer even if a project is complete and registry is done,” he added. The order also provides relief on the issue of IFMS, excess EDC/IDC collected and poor quality of construction. Piyush Singh, advocate, who represented the 300 homebuyers of Merlin, said that this is a massive victory for homebuyers residing in completed projects since in this case the residents were facing harassment of illegal construction within the common area, which is not only a safety hazard but also decreases the super area of the project. "The same story continued with the Occupation Certificate, Deed of Declaration and Builder Buyer Agreement in 2017 keeping area for future development as vague as possible and without any inkling of construction of a new Tower,” the order said. But the area for future development does not necessarily mean construction of new high-rise tower. It is admitted that the flat buyers have not objected to change in 2014 for shifting of EWS area. The first change is that of the shift of EWS housing area and next the construction of a new Tower. Having gotten applications from the flat buyers and having accepted booking amounts, the developer has been changing the plan one at a time in deviation to the original Project. “…there is a major deficiency of service on the part of the Opposite Parties for having promised to the prospective flat buyers in the form of the brochure that a certain kind of Project is being conceived, which will have only 10 towers and a low-rise EWS building on one side. We do not see any evidence of any effort taken by the Opposite Parties 1 and 2 to connect with the flat owners or sending any communication to them with regard to their plan for construction of a new tower,” the order said. So the rightful process should have been adopted by the builder to obtain the consent of the flat owners and then proceed ahead with obtaining the approval of the DTCP for change of layout and construction of a new tower. Nowhere there is clarity that the builder is proposing construction of a tower in the area earmarked for future development. “We do agree that certain caveats and provisions were mentioned in these two documents. The submission of the learned Counsel for the Opposite Parties that the consent was already taken from the flat owners in the Builder Buyer Agreement and the Deed of Declaration is disingenuous without a basis. initially promised to the allottees and as per Haryana Apartment Ownership Act, 1983. “In our considered opinion, obtaining the consent of flat owners becomes essential when a new tower is being constructed and which is in deviation to the certain approval, site plan, number of towers, Occupation Certificate, etc. The consumer complaint was filed under Section 58 read with Section 35(1)(c) of the Consumer Protection Act, 2019 by homebuyer Ajay Kumar Verma and others against M3M India Private Limited and Others seeking certain relief and compensation, on the ground of alleged deficiency on the part of the builder and other parties.Īlso Read: Supreme Court upholds NCDRC order directing NCR-based builder to refund Rs 1.9 crore to homebuyerĪlso Read: A homebuyer not an investor despite owning multiple properties with same builder, is entitled to refund: NCDRC In view of the aforesaid discussions, we deem the construction of Tower 11 as illegal and direct the Opposite Parties 1 and 2 not to proceed with its construction,” the order said. Having not obtained this consent, we take the construction as violation of the aforementioned statutes. It is another matter that if the builder had obtained the consent and then applied for change in the site plan along with permission for a new tower, it would have been in order as per the statutory provision. “…going for a new tower is a clear deficiency of service in terms of the Consumer Protection Act, 2019 and Haryana Apartment Ownership Act, 1983. PhonePe Beat of Progress Powered by Moneycontrol.Pharma Industry Conclave Unlocking opportunities in Metal and Mining.The Challengers Life Insurance Made Simple.Interview Series Business In The Week Ahead.
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