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.
