The
NEFOMA has filed a writ petition in the Honble Allahabad High Court
seeking stay on the cancellation of flats by Builders such as the
Amrapali , Supertech , Panchsheel ,Earth ,Exotica ,Arihant Arden ,
Radicon Infrastructure and Housing (P) Ltd.( Vedantam ) just to name a
few. The writ has been filed in the honble court not only against the
Builders and Builders Association CREDAI but also the Greater
Noida Authority for there indifferent attitude towards arbitrary
cancellation of flats and non-legal contractual practices done by the
Builders towards innocent buyers who has put their hard earnings to buy
their dream home.
Buyers totally relied on the Greater Noida Authority land allotment process and CREDAI that builders are selling flats legally and as per the reasonable contractual liabilities. The main purpose of the Contract Law is to have equality between contractual parties without giving undue advantage to any one party. On the other hand, builders used contractual laws to serve their own purposes and ignored the fundamental rights of the buyers entirely.
Buyers booked their flats at a time when there was no land acquisition controversy (and if, it was there, no body i.e.Greater Noida Authority, Builder, Agents informed to the Buyers). They paid the booking amount of their flats as per the rates fixed by the builders themselves when they started their projects which was escalation free as per the Builder Buyer agreement. During the Land Acquisition controversy buyers were concerned about their respective
flats/projects. However, builders assured that this controversy is between authority and farmers. Builders are not involved and very soon Authority will resolve the matter as most of the land has been developed and so many buyers have already invested their money. Buyers were convinced by their words and decided to show their faith with the builders.
But after clearance of land controversy and NCRPB Approvals mandate by Honble Allahabad High Court in his verdict dated 21.10.2011, the Builders became greedy and broke all the promises done before. They increased the previous rates arbitrarily and started cancelling flats without any substantial reason. However, Builder/ CREDAI promised that none of the flat will get canceled of all those buyers who has booked there flat before controversy.
In addition to cancellation, builders are forcing existing buyers to sign an addendum in case the builders have to pay compensation to farmers in future after the land acquisition controversy at Noida Extension. The Builders are completely getting away with their liabilities towards buyers as well as farmers. They want buyersto pay compensation to farmers indirectly which is supposed to pay by the builders/authority as per honble
Allahabad High Court order.
The builders are cancelling the flats on unreasonable stating Service tax not deposited, booking amount paid was less than 10%, non-acceptance of offer to shift in other project within given time, non-payment of the amount for the increase in arbitrarily booked rate from 300 to 1000/- per sq. ft.,non-payment of interest for disputed period which was declared zero period by the Greater Noida Authority.
The NEFOMA believes that these are unethical business practices which are only increasing the liabilities of buyers for all financial expenses which the Builders and The Greater Noida Authority should pay as buyers were not involved and responsible for the unethical land acquisition done by Greater Noida Authority and as per builders they were selling flats legally and as per the reasonable contractual liabilities Hence, this writ petition seeks to stop cancellation, non-legal contractual practices and one-sided legal obligation which are being used by builders to exploit innocent flat owners who invested in various housing projects without knowing of any land controversy at Noida Extension.
The present matter filed by the nefoma has listed today before Honble High Court and Honble high court was pleased to refer the matter before proper bench and matter got adjourned for 1st july 2013. The respondent no. 1 and 2 has also appeared before the court . ( U.P.Govt. and GNIDA )
The NEFOMA will keep on fighting for the rights of buyers who spend their hard-earned money and dream of a home.
Buyers totally relied on the Greater Noida Authority land allotment process and CREDAI that builders are selling flats legally and as per the reasonable contractual liabilities. The main purpose of the Contract Law is to have equality between contractual parties without giving undue advantage to any one party. On the other hand, builders used contractual laws to serve their own purposes and ignored the fundamental rights of the buyers entirely.
Buyers booked their flats at a time when there was no land acquisition controversy (and if, it was there, no body i.e.Greater Noida Authority, Builder, Agents informed to the Buyers). They paid the booking amount of their flats as per the rates fixed by the builders themselves when they started their projects which was escalation free as per the Builder Buyer agreement. During the Land Acquisition controversy buyers were concerned about their respective
flats/projects. However, builders assured that this controversy is between authority and farmers. Builders are not involved and very soon Authority will resolve the matter as most of the land has been developed and so many buyers have already invested their money. Buyers were convinced by their words and decided to show their faith with the builders.
But after clearance of land controversy and NCRPB Approvals mandate by Honble Allahabad High Court in his verdict dated 21.10.2011, the Builders became greedy and broke all the promises done before. They increased the previous rates arbitrarily and started cancelling flats without any substantial reason. However, Builder/ CREDAI promised that none of the flat will get canceled of all those buyers who has booked there flat before controversy.
In addition to cancellation, builders are forcing existing buyers to sign an addendum in case the builders have to pay compensation to farmers in future after the land acquisition controversy at Noida Extension. The Builders are completely getting away with their liabilities towards buyers as well as farmers. They want buyersto pay compensation to farmers indirectly which is supposed to pay by the builders/authority as per honble
Allahabad High Court order.
The builders are cancelling the flats on unreasonable stating Service tax not deposited, booking amount paid was less than 10%, non-acceptance of offer to shift in other project within given time, non-payment of the amount for the increase in arbitrarily booked rate from 300 to 1000/- per sq. ft.,non-payment of interest for disputed period which was declared zero period by the Greater Noida Authority.
The NEFOMA believes that these are unethical business practices which are only increasing the liabilities of buyers for all financial expenses which the Builders and The Greater Noida Authority should pay as buyers were not involved and responsible for the unethical land acquisition done by Greater Noida Authority and as per builders they were selling flats legally and as per the reasonable contractual liabilities Hence, this writ petition seeks to stop cancellation, non-legal contractual practices and one-sided legal obligation which are being used by builders to exploit innocent flat owners who invested in various housing projects without knowing of any land controversy at Noida Extension.
The present matter filed by the nefoma has listed today before Honble High Court and Honble high court was pleased to refer the matter before proper bench and matter got adjourned for 1st july 2013. The respondent no. 1 and 2 has also appeared before the court . ( U.P.Govt. and GNIDA )
The NEFOMA will keep on fighting for the rights of buyers who spend their hard-earned money and dream of a home.
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