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- Home buyers can directly approach NCDRC against builders by forming registered associations: SC It would remove multiplicity of cases for state and national consumer forums and allow homebuyers to directly approach the national commission by forming a registered association, saving their time and money.Sanu Sandilya | ETRealty | Updated: February 21, 2017, 17:08 IST
NEW DELHI: Clearing the way for homebuyers planning to file complaints against builders in the National Consumer Disputes Redressal Commission (NCDRC) through an association route, the Supreme Court on Tuesday has made it clear this is well within their rights and the focus should be on addressing their grievances.
The decision also marks significance since it would remove multiplicity of cases for state and national consumer forums and allow homebuyers to directly approach the national commission by forming a registered association, saving their time and money.
Dismissing multiple appeals filed by Amrapali Sapphire Developer challenging the right of a registered consumer association to file a complaint on behalf of multiple buyers of the same project, the apex court observed that it is the grievances of homebuyers that needs to be looked into, informed Sahil Sethi, senior associate at law firm Saikrishna & Associates, who represented the Amrapali Sapphire Flat Buyers Welfare Association.
The apex court also remarked that Amrapali has taken money from buyers and neither given them possession nor is refunding their money, informed Sethi.
"The apex court did not entertain our appeals and dismissed the same. We will be continuing the proceedings in NCDRC," said Rakesh Kumar, advocate representing Amrapali Sapphire Developer.
In May last year, around 100 buyers of Amrapali Sapphire project in Noida filed a complaint before NCDRC, to which Amrapali in its response said that in order to file a complaint under the Consumer Protection Act, 1986 an association should receive recognition from the Bureau of India Standards.
Amrapali further challenged the complaint on the ground that as the apartments in the project were priced lesser than Rs 1 crore, which is the pecuniary jurisdiction of the national commission, NCDRC should not entertain complaints from buyers and the complaint should be filed before the state commission in Lucknow.
In August 2016, NCDRC ruled in favour of the buyers on both these counts. Amrapali then approached the Supreme Court, getting a stay on the NCDRC order. The apex court also issued notice to the buyers' association to file a response.
The association in its response said the appeal is merely a tactic adopted by Amrapali to avoid/delay the proceedings before NCDRC.
- Delay-hit Amrapali flat buyers write to PMO, GNIDA The buyers fear that Sharma may try to leave the country as the project is far from complete. Amrapali is one of top debtors owing money to Noida and Greater Noida authoritiesTNN | February 24, 2017, 07:58 IST
NOIDA: Homebuyers of Amrapali Dream Valley project have written to the Prime Minister’s Office seeking the impounding of the passport of Amrapali MD Anil Sharma.
The buyers fear that Sharma may try to leave the country as the project is far from complete. Amrapali is one of top debtors owing money to Noida and Greater Noida authorities. Most of its projects are yet to be completed.
In a letter of appeal to Prime Minister Narendra Modi submitted on February 22, Dream Valley buyers have requested that measures be taken to safeguard the interests of buyers who have invested in Amrapali.
“While most builders are cash-strapped and now have no way to complete them, many may want to settle abroad to escape debts. We are scared and have thus put an alert that the builders should not be allowed to travel outside India,” a Dream Valley buyer said.
“Amrapali buyers are in dire straits. They have no idea what is waiting for them and if at all they will ever get their houses,” Indrish Gupta, co-founder, Noida Extension Flat Owners Welfare Association (Nefowa), said.
Meanwhile, the Noida homebuyers’ association on Thursday demanded explanation from the Greater Noida Authority on lack of action on their part on investigating and keeping a check on defaulting builders. In a letter seeking answers from the GNIDA, Nefowa referred to therecent arrest of Earth Infrastructure owner Avdesh Goel by the Delhi Police in response to complaints by the Economic Offences Wing. Goel was arrested on February 20 based on complaints by homebuyers.
Abhishek Kumar, Nefowa president, said, “ Our fear is that most builders who have not been adhering to the norms have not been checked by the Noida Authority. We have in a letter asked GNIDA to respond to five questions regarding defaulting builders: Why does the Noida Authority not respond to buyers’ complaints about the perpetual construction halt? Why is the repayment process made easy for builders, why are the defaulting builders names seen vanishing from the authority website? Why is the Authority silent on the fraudulent activities of the builders?”
- Multi-crore fraud: ‘Builder baba’ arrested TNN | Updated: Feb 28, 2017, 09.29 AM IST
NEW DELHI: A 36-year-old man self-styled godman known as "builder baba" has been arrested for allegedly duping a person of a few crores, promising high returns on investments in his housing project in Noida.
Police said that the victim Narendra Barmecha alleged that the godman, identified as Sachin Dutta, claimed that he owned a construction firm. He offered Barmecha a partnership in the proposed project at Manakpur in Noida. Barmecha invested crores of rupees and was promised returns in 2014, but never received any.
"After we received the complaint efforts were made to track down Dutta, but he kept evading arrests. He was declared proclaimed offender by a court in 2016," said DCP (northeast) Ajit Kumar Singla.
Probe revealed that Dutta had changed his name to 'Sachidanand Giri Maharaj' as per the norms by a group based in Allahabad, but was stripped off his title after it was found that he owned a bar at a mall in Noida. Based on a tip-off, a police team reached Dutta's residence in Gomti Nagar extension in Lucknow on February 26 and arrested Dutta.
"He also had a case of fraud against him in Sector 58 Noida for allegedly mortgaging sold flats in an Indirapuram housing society to obtain bank loans," police said. He has been booked under sections of cheating and criminal conspiracy.
- Building by-laws amended in Noida, Greater Noida
The distance between buildings in Noida and Greater Noida has been reduced from 16 metres to nine metres with a change in building by-laws being introduced here. While the authorities say this will help increase green cover, experts say it will restrict the flow of natural light and lead occupants of flats to feel suffocated.
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- Noida Authority orders removal of DG sets from government land Giving an ultimatum, the Authority has asked allottees of residential, commercial, institutional and industrial units to remove the gen sets within seven days or face action including monetary penalties.Vandana Keelor | TNN | March 01, 2017, 10:30 IST
NOIDA: Adopting a tough stance against property owners encroaching on government land by placing their Diesel Generator (DG) sets outside their premises, Noida Authority has issued a public notice on Tuesday for their removal. Giving an ultimatum, the Authority has asked allottees of residential, commercial, institutional and industrial units to remove the gen sets within seven days or face action including monetary penalties.
According to Noida Authority officials, many Noida residents encroach on government land by installing DG sets, thus grossly violating the state pollution control board's rules. “As per norms, gen sets should be installed on the rooftops or within the premises of a residence, commercial or institutional premises,” said Saumya Srivastava, Deputy CEO (DCEO), Noida Authority. "We have been receiving complaints from citizens and other stakeholders of the city. Many gen sets are placed on the road outside private houses or in local parks facing the houses across many sectors. They not only occupy land belonging to the Authority but also generate pollution," he added.
Officials further said that the public notice is an attempt to remove the menace and rein in violators of pollution norms and guidelines for installation of gen sets. “We will give property owners time of seven days to remove these DG sets from government land. After that we will not only remove the gen sets but also charge a penalty fee from the allottee,” Srivastava warned. “We have sought the assistance of RWAs, CREDAI and Noida Entrepreneurs’ Association to get their members to cooperate with the Authority,” he added.
According to Uttar Pradesh Pollution Control Board (UPPCB), these generators should be on rooftops or inside the boundaries of a building, which houses it with a 15-metre-high pipe for fuel emission. However, many gen sets are seen parked on the service roads, parks, common areas of markets, etc hindering traffic and other movement, officials said.
- This might be off the topic but is completion certificate and occupancy certificate same or different for Noida?
Seniors please helpCommentQuote0Flag
- Genuine doubt in the mind of many home buyers.....CommentQuote0Flag
- Originally Posted by nimitfalduThis might be off the topic but is completion certificate and occupancy certificate same or different for Noida?
Seniors please help
They are sameCommentQuote1Flag
- Sector 74 residents reclaim green patch; landscaping soon Sharmila Bhowmick| TNN | Mar 1, 2017, 08.55 PM IST
NOIDA: Residents of two apartment complexes in Sector 74 met and submitted a list of demands with Noida Authority's horticulture department today. In a written appeal, they have requested the department to expedite construction and landscaping a three-acre patch enclosed between Supertech Capetown and Ajnara Grand Heritage.
"For the last two years we have struggled to convince the authority that the region is specifically a green area in the Noida master plan. However, it was for so long being used as a hot mix plant and then as a dumping yard for construction material by the builders. Had we not extracted details and created pressure for the restoration of the patch into a green space, it would have become an encroachment," Dhananjay Singh, a resident of Ajnara Grand Heritage said. "We faced a long struggle with the heaped up construction material in front of our apartments. There are over 10,000 residents living in these two apartments presently. We have placed a demand that the green are should soon be converted to a usable green space," Shailender Bharnwal, a resident of Supertech Capetown said.
"We have stepped up to preserve the green patch as for two years we were being told that it belongs to one of the builders. More and more people should get actively involved in preserving the green areas," Dhananjay Singh added.
- Construction stalled, buyers stage 'tea party' protest against Noida builder The Sector 107 buyers have been long stranded in litigation as the land acquisition was challenged by villagers whose land were acquired for constructionSharmila Bhowmick | TNN | March 06, 2017, 07:54 IST
NOIDA: A group of homebuyers staged a 'tea cup' protest against the builders at the construction site of Sector 107's Heart Beat City project in Sallarpur village on Sunday.
Buyers brought mugs with 'Sallarpur Tea Party' painted on it and gathered to have tea. Holding a protest, the buyers said since they couldn't sit in the drawing rooms of their under constructed apartments to enjoy the Sunday tea, they would come to the spot to have their tea together on Sunday mornings.
According to them, construction at the site stopped two weeks ago. Heart Beat City has 1,800 apartments units.
The Sector 107 buyers have been long stranded in litigation as the land acquisition was challenged by villagers whose land were acquired for construction. The case was finally resolved when villagers withdrew their writs from the high court and settled for a higher compensation. Construction at apartment sites resumed thereafter.
"We have been fighting for the resolution of the conflict between Noida authority and villagers. Now, the construction has stopped. We have to take legal recourse again," said Kapil Tyagi, president, Heart Beat City home buyers association.
Phone calls made by TOI to the builders to enquire about the reasons for the halt went unanswered.
- Noida Authority seals Nimi Homes' 5-floor building; will soon demolish structure Authority officials said that the building has been constructed on Noida’s notified landVandana Keelor | TNN | March 10, 2017, 14:00 IST
NOIDA: Noida Authority on Thursday has said that it will demolish an unauthorized building, which houses five floors, in sector 80 of the city. The Authority has issued a notice to the developer constructing building in the area adjoining Nangla Charandas village, located in phase-II of Noida. The developer has been ordered to remove the unauthorized construction within seven days failing which the building will be razed to the ground by the Authority.
Authority officials said that the building has been constructed on Noida’s notified land. “No one other than Noida Authority can give permission for the construction on this land and no permission has been granted by us to the building built on Khasra numbers 115 and 128,” B.K Singh, project engineer, Work Circle-7, Noida Authority, who led the team for sealing the premises, told TOI. “We have been sending notices to the builder since July 2015 to stop all construction, but the developer has not paid any heed,” he added.
Singh further said that the developer, M/s Nimi Homes Private Limited has been served notice for undertaking the illegal construction. “We have asked them to stop all constructions with immediate effect and remove the structure they have constructed till now,” Singh said. “They have been given a seven day notice. If they fail to remove the illegal construction, our teams will move in, demolish the structure, raze it to the ground and also charge a fee for removing it,” Singh warned.
Officials further said that the builder had constructed five floors, which included 106 residential flats and about 26 shops on the ground floor. “100 flats were vacant, while six units were occupied. We have asked the occupants of the six units to vacate the premises immediately. Currently, the finishing is being carried out of the building,” said Singh. On being quizzed about the fate of the homebuyers of the six units, Singh said that we have asked them to seek judicial reprieve.
When TOI contacted the builder, a representative told TOI that they were not aware of any sealing being carried out by Noida Authority and disconnected the phone. Repeated attempts thereafter elicited no further response.
- Supertech to pay Rs 55 lakh to a home buyer for failure to handover flat The National Consumer Disputes Redressal Commission (NCDRC) also directed the builder to pay Rs 10,000 as litigation cost to the south Delhi resident Ranjeet Bhatia
NEW DELHI: The apex consumer commission has directed real estate firm Supertech Limited to pay over Rs 55 lakh to a home buyer for its failure to hand over possession of a flat in the stipulated time.
The National Consumer Disputes Redressal Commission (NCDRC) also directed the builder to pay Rs 10,000 as litigation cost to the south Delhi resident Ranjeet Bhatia.
"Considering the failure of the OP (Opposite Party) to perform its contractual obligation by offering possession of the flat booked by the complainant, the complainant cannot be compelled to wait for an uncertain period till the OP is able to complete construction of the flat which it had booked by them," a bench presided by Justice V K Jain said.
"The OP (firm) shall refund the entire amount of Rs 55,92,636 ... and pay a sum of Rs 10,000 as cost of litigation to the complainant," it said.
According to the complaint filed by Bhatia, he booked a flat worth Rs 1.35 crore with the firm's project in Noida which, as per the allotment letter, was supposed to be handed over in July 2015. The delivery date was further extended to January 2016.
Even after extension of the delivery date and the payment of Rs 55,92,636, the firm failed to hand over the possession, the complainant said while demanding refund of the money.
The builder claimed that only Rs 45.92 lakh was paid by the complainant and in case of delay they were entitled only to an agreed compensation of Rs 5 per sq.ft. per month of the super area in terms of clause 3 of the allotment letter.
The Commission held that this clause would apply to the cases where the buyer takes possession of the allotted flat and not to the cases where the buyer seeks refund of the amount paid by him due to the failure of the builder to deliver possession as per the agreement between the parties.
- New building code to hold developers liable for safety
The code is voluntary but states can incorporate them in their building bylaws
New Delhi March 16, 2017 Last Updated at 00:36 IST
The Centre on Wednesday unveiled a code under which builders can be made liable for the safety of the structure.
The code has been prepared by the Bureau of Indian Standards (BIS) under the consumer affairs ministry.
The code is voluntary but states can incorporate them in their building bylaws.
"The code contains provisions on use of new/innovative materials and technologies and on prefabricated construction techniques that can give fillip to speedier construction to meet the objectives of housing for all by 2022," consumer affairs minister Ram Vilas Paswan said after releasing the code on the occasion of the World Consumer Rights Day in New Delhi.
That apart, Paswan said the government has drafted a fresh consumer protection Bill after incorporating suggestions of a parliamentary standing committee and hopes to introduce it in the ongoing session.
In August 2015, the Centre had introduced the consumer protection Bill in Lok Sabha to repeal the 30-year consumer protection Act. The standing committee had also submitted its recommendations in April.
The ministry has accepted some of the recommendations of the panel and finalised the draft Bill, which has also been vetted by the group of ministers, headed by finance minister Arun Jaitley.
"The draft Bill was sent to the law ministry. We had proposed 80-odd amendments in it. So, the law ministry suggested us to bring in a new Bill," Paswan added.
ON the building code, BIS Director (Civil Engineering) Sanjay Pant told PTI that it is a voluminous code with 34 chapters.
It is used by local bodies for framing building bylaws. It is used by government departments in construction activity. It is used by private builders as well as professionals like architect, planners and engineers. It is also used for academic purpose.
Asked about key changes made to the building code, Pant said planners, structure designers and supervisors were made responsible for the safety of the structure while geo-technical engineers and builders were not included.
"Now, builders are also made responsible safety of the construction. Builders have to give a certificate saying that the building has been constructed as per the planned design submitted to the local bodies," he said.
Apart from making builders liable, the revised code has made necessary changes keeping in view the requirement of modern buildings.
For example, the code specifies fire and life safety norms for high rise buildings and a proper horizontal evacuation system in high-rise hospitals and public buildings.
It also provides for universal accessibility for senior citizens and differently abled citizens besides encouraging use new building material and alternative smart technologies.
The salient features of the revised code are norms for solar energy utilisation, inclusion of modern lighting technique including LED, updated provision on piped gas supply in houses and hospitals, solid waste management and rain water harvesting, besides high speed lifts for tall buildings.
For ease of doing business, the revised code has a detailed provision for streamlining the approval process in respect of different agencies in the form of an integrated approval process through single window approach thereby avoiding separate clearances from various authorities.