Status as on- 30/10/2019
INTRODUCTION
As per the recent judgment acquired by our team with respect to a project namely “PIYUSH HEIGHTS” wherein over 100 allottees of the clogged project were granted relief under section 8 of RERA, 2016 whereby the allottees of the towers in question were permitted to form a welfare association and take over the remaining construction.
ISSUE
Owing to the huge delay on the part of the developers i.e. Piyush Buildwell India. Ltd. in developing the tower J and K of Project “Piyush Heights” situated at Sector-89 Faridabad the RERA Authority has ordered allottees of the above mentioned towers to form an association and take over the construction of the Towers.
According to the initial commitments of the project developers allottees of the towers were to put in possession of their flats latest by the year 2012-2013 and even by the year 2018 homebuyers waited patiently for the developers to handover the possession of the apartments but they were forced to take recourse of RERA when they found out that directors of Company are in Jail and construction was stalled for an unreasonable period of time.
POINTS TO BE NOTED FROM THE ORDER:
- RERA authority refused adjournment to the respondents on the 6th hearing of the case and passed an order ex-part in favor of the complainants, as despite repeated efforts respondents were unable to appear and answer the claims of the complainants.
- The order was passed by the authority exercising its powers under section 8 of RERA, 2016 where it is empowered to order completion of remaining development works by association of allottees.
- RERA authority had issued a public notice in order to invite objections to the proposed transfer of the project to the association.
- That our team rather than taking an infrastructure order of refund argued before the Hon’ble Authority to take recourse to Section-8 in order to make the relief time-bound and effective.
- As the complainants through their lawyers were successful in submitting a detailed report with respect to the proposed transfer to the satisfaction of the authority, the relief sought was granted.
- The governing body of the association was ordered to conduct a monthly meeting to oversee the physical and financial progress of the project and to submit the same to the Hon’ble RERA Authority regularly.
- The association was however ordered to sell the allotted apartments with the permission of the RERA authority so that more fund collection can be done.
- Also, the chief engineer and superintendent engineer of DHBVNL was ordered to assess the load requirements for the above mentioned towers and to release the same on full filling necessary requirements and as per the policies of DHBVNL.
- That the order passed in the matter is now listed under the head of “Important Judgements/Orders” on the official website of Panchkula RERA for kind perusal of the general public.
CONCLUSION
As the buyers had already suffered enough at the hands of the developers, authority while granting relief to the homebuyers also made sure to make the takeover process hassle-free. The authority ordered concerned local bodies like deputy commissioner, DTP, engineers of DHBVNL, Superintendent of police Faridabad among others to try and avoid giving unnecessary hardships to the association and ensure smooth completion of the project without any extra physical or financial burden to them. That such an order is first of its kind in the Country and this shall set an example for all other stalled projects wherein builders are in jail for years and there is no hope of construction in near future.
Disclaimer – The above brief is based on the personal interpretation of the verdict and related laws which may differ from person to person. The readers are requested to take expert advice before putting reliance on it. For any clarification, please contact at info@centrik.in or visit www.centrik.in
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