A Uniworld Island?

  • Abhishek Behl / FG
  • India
  • Aug 16, 2014

 

 

The unending woes of apartment buyers are refusing to come to an end in Gurgaon, with people being forced to approach the police, the consumer forums, the courts and even the Competition Commission of India, to seek justice and make builders deliver as promised. Despite the long and arduous judicial system, the apartment buyers have of late begun to see results. In the latest instance, the Uniworld Garden II Apartment Buyers Association has managed to get a direction from a local court, whereby the Gurgaon Police has been asked to file an FIR against a prominent builder for delay in delivering the promised homes - and now claiming that since there was no access road to the property, the project could not be completed. Uniworld Garden II is being developed by Unitech in Sector 47, and the project was launched in 2008. The project was to be completed within 30 months. 896 buyers invested in it. Now, even after 6 years, it is only 30 per cent complete, as per the Association members, who held a press conference in Gurgaon. Naresh Jindal, President of Uniworld II Apartment Owners Association, alleges that the builder had duped the buyers, knowing well that it would be difficult to get an access road to the project - which presently has no entry and exit. Jindal says that Unitech had promised in 2008 that the HUDA land, which had been encroached by some people, would be got cleared, and the squatters evicted. Meanwhile, the builder collected upto 95 per cent of the total payment from unsuspecting homebuyers. Mansi Shukla, an apartment owner, says that people are facing very difficult times, as they have to pay EMIs, rent and other payments, while not knowing when they will get these apartments. The buyers had been shocked to discover that the 18-metre road leading to the project had been encroached. The Association lawyer, Rajan Gupta, says that this is a case of fraud, and the Court has given clear directions to Police Station, Sadar that a case be filed against the builder for conniving with HUDA and other authorities to fool the buyers. “The government officials were aware of the encroachment when this project was approved, but they did nothing to clear the situation. In fact the zoning and building plans were allegedly forged, to cheat customers out of Rs 400 crores. That valuation has reached almost Rs 1,000 crores now,” says Gupta. The buyers further allege that it is now difficult to sell an apartment in this project, because everyone knows that it is likely to remain stuck for a long period.

Jindal says that despite several meetings with Unitech, and even Police Commissioner, no action has been taken to expedite the construction. The builder is not ready to pay even the penalty, because it claims that issues beyond its control are responsible for the delay in construction. Another buyer says that it was after trying out every option that they decided to approach the Gurgaon Court. Jindal says that the court of the Additional Chief Judicial Magistrate, Kumud Gugnani, after finding merit in their contention directed the Sadar Police to file an FIR under Section 156 (3) of CrPC. The Association members further allege that while the developer has been able to build and execute large commercial projects, homebuyers have been neglected and consequently are suffering because of delays in almost every residential project. The developer has said that it is not aware of any complaint filed against it and would refrain comment as the matter is sub-judice. However, to safeguard the interests of the homebuyers, arrangements for an alternative road are being made at it's own cost, till the encroachment is removed.

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