Status as on 07/09/2019
In a major relief to the home-buyers seeking legal remedy against the stalled project namely “Piyush Heights” located in Faridabad, Haryana developed by ‘Piyush Buildwell India Ltd.’, Haryana RERA authority has handed-over the project to the association for future for completion and possession. Centrik, legal firm having expertise in such matters, who filed and argued the matter before the RERA authorities, has presented that the builder has defaulted at many fronts and is not capable to complete the project.
The said project was partially completed and two towers namely Tower J & K and its common areas were not completed by the builder. The said case has been dealt point wise below:
The Issue
At project was delayed by more than 2-3 years and no work was happening there. Some directors of the builder company were in jail. and some were not taking interest in further working of the company. There was no person for builder to communicate with. The aggrieved buyers were struck in due to non-availability of any builder and funds. Since there was not opposite party to honour the order, hence filing of any civil suit or criminal case was not giving relief. The project was stalled. Some of these buyers have even taken a loan from the bank, which was pressurizing them hard to make monthly EMIs on the said loan.
The builder – promoter never got its project registered under the RERA Act, violating the provisions of the RERA act.
Thereafter about 10 of buyer approached to Centrik and as the case progress, around 100 more buyers joined the case. After the filing, legal representation Hon’ble Panchkula RERA passed the following order :
Centrik’s anatomy of M/s Piyush Buildwell India Ltd., Hon’ble H-RERA while handover of the project to homebuyer association directed that : –
- Out of 144 apartments, which are under construction in tower, J & K 104 allottees have become members of the association. Out of the remaining 34 apartments, 21 are non-members and 13 are untraceable. Further, under Section 8 of RERA that in case of revocation of registration of a project under this Act, the association of allottees shall have the first right of refusal for carrying out of the remaining development works.
- The association shall prepare the details of inventory of the all the material lying at site of project with the help of 3-members committee.
- A committee consisting of DTP, a representative of Deputy Commissioner (who shall be class-I officer in the district) and 2 representatives of homebuyer association shall be constituted which shall advertise in the leading newspaper for sale of unalloted flat on as and where basis.
- A copy of this order shall be send to Director, Town & Country planning Department who shall after consultation with the Government shall file objection if any to the aforesaid course of handover.
- The authority hereby orders that if any amount towards EDC, license fee, or other levies/charges remains to be recovered from the respondent company, the same may be recovered by invoking the bank guarantee.
- The homebuyer association may file application with the concerned departments for providing infrastructural facilities like water, electricity, sewage connection, storm water drainage, access roads.
- A tender documents public notice was issued in newspaper for inviting contractors to submit their bids for undertaking the construction work in which one contractor was finalized by the association.
The order from H-RERA was released in favour of homebuyers association represented through Centrik on 06.08.2019. Piyush Buildwell India Ltd. was restrained from creating any third-party rights from now the association will take over the Piyush Buildwell India Ltd. Tower J&K completion. A considerable relief to buyers.
Disclaimer – The above article is just for general awareness regarding the legal remedy. We don’t intent to defame any group or person. The readers are expected to take expert advice before relying on this case. The author may be reached at support@centrik.in or call 8383011629
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