‘People are taken for a ride’
Haryana has excellent laws to regulate real estate but nonimplementation is the major problem. The builders, exploiting the weakness of the town and country planning department (DTCP), are taking the apartment owners for a ride. They have violated many provisions of the statutes mainly on account of common areas and calculation of super areas.
In the case of Mayfield Gardens, where I have been residing since 2006, shows that even if government authorities take strict action against a developer, the residents continue to remain miserable.
The licence of the developers of Mayfield Gardens was cancelled by DTCP on February 4, 2012, for two reasons - Not doing internal development works as per the approved service plan estimate and non-payment of government dues on account of license renewal fees. Now as per the law, the administrative control of the colony subsequent to cancellation of licenses, comes under the senior town planner (STP) Gurgaon.
It was true that earlier we were suffering due to the developers’ nonperformance but things went from bad to worse once STP came into the picture. It was the first case in Gurgaon in which the administrative control of a colony came under STP. It neither had experience nor staff to look after the colony. A number of issues cropped up, which included the maintenance of public health services, electricity supply, registration of properties, receipt of installments and maintenance of accounts.
The developer appealed in the Appellate Authority of DTCP against the cancellation and on September 5, 2012, their cancellation was revoked after they gave an undertaking to complete deficient internal development works and pay the licesne renewal fees.
Five months have passed since then but the developers haven’t started any development work in the colony. Whether it's the developers or the STP, it doesn't make any difference as far as administrative control of the colony is concerned. We suffer in both situations.
It’s not unusual in Gurgaon that developers fail to fulfill their commitment. The builders despite giving an undertaking to the government that they will be responsible for the maintenance and upkeep of all roads, open spaces, public parks and public health services for a period of five years from the time of issue of completion certificate are not doing their job.