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Gurgaon to penalise real estate developers who delay projects

The panel advised them to file a criminal case in the Punjab and Haryana High Court against the real estate developer concerned.

Written by Sandali Tiwari | Gurgaon | Published: January 10, 2016 2:44:40 am

In a move likely to bring relief to aggrieved home-buyers in Gurgaon, a panel constituted by the Haryana government and headed by the district deputy commissioner is set to recommend punishing real estate developers who delay possession by more than six months.

“We would recommend that erring builders pay enhanced compensation with interest or even refund the money, if demanded by the aggrieved buyers, upon delay of possession. Also, recommendations will be made to the state government to take strong punitive action against erring builders — some of whom have delayed possession for over several years”, said Gurgaon Deputy Commissioner T L Satyaprakash, who heads the Allottees Grievances Redress Forum.

During a recent meeting of the Forum, one of the 16 cases taken up for discussion pertained to several investors who were allegedly cheated in a multi-crore housing scam.

The panel advised them to file a criminal case in the Punjab and Haryana High Court against the real estate developer concerned.

The forum also asked the grievance committee delegation — comprising representatives from the municipal corporation, Haryana Urban Development Authority (HUDA) and the department of town and country planning — to ensure that the names of all investors are included in the FIR against the real estate developer so that all of them get relief from the high court.

However, Gurgaon Deputy Commissioner of Police Kulwinder Singh, who also attended the meeting, said he would seek legal opinion on whether to lodge separate FIRs on individual investor complaints or include the names of all investors in the existing FIR.

In another complaint about a project in Sector 51, the Forum decided that the builder will have to honour the terms and conditions of the builder-buyer agreement in order to get the conveyance deed done in favour of home-buyers.

It was alleged by the buyers that in the occupation certificate obtained by the builder, the area was shown to be 1200 sq ft, but the builder allegedly increased the area to 1,600 sq ft in the demand letter and sought an extra Rs 6 lakh to Rs 8 lakh from each buyer.

The Forum also received complaints about the builder supplying electricity from diesel gensets and charging Rs 15.35 per unit for the last two-and-a-half years.
Besides, the Forum also addressed complaints about delay in possession, change in area, VAT demands and others, made against other builders.

“The buyer-seller agreement is the Bible of all real-estate related issues. Anything beyond the agreement is an offence and is deemed fit for prosecution against the erring builder,” said Satyaprakash.

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