NO POWER, NO POSSESSION
obtaining the completion certificate from the prescribed sanctioned authority concerned as per building bylaws.”
However, many development authorities, including GDA and Noida, have till now failed to implement the act. Many homebuyers were made aware of the issue only when Alok Kumar, representing the Federation of Apartment Owners’ Association of Ghaziabad, filed a public interest litigation in the Allahabad High Court last year.
Now, though GDA’s attempt to address a pertinent real estate issue has been welcomed by all, the homebuyers say that unless the authority implements the apartment act in totol and plugs all loopholes, any half-baked measure will further complicate matters.
“My question is, what will the GDA do if a developer does not take the completion certificate and delays possession? He already takes 95% money from the homebuyers during the several stages of construction and only 5% remains to be paid at the time of possession. Any other delay would mean more suffering for the buyers,” says Ajay Sharma, a sales executive, who bought a flat five years ago in a developer’s project which has still not been delivered.
The buck does not stop here. There have been cases of completion certificates being granted for builders’ apartments in which building plans have been flouted. “Some such cases in Indirapuram are under litigation. In one, the district magistrate’s report has indicted the GDA for flouting norms to grant completion,” says an RWA member of a society with such apartments, on the condition of anonymity.
However, the builders’ body, Confederation of Real Estate Developers’ Associations of India (CREDAI) NCR, holds GDA responsible for the homebuyer’s plight. While welcoming GDA’s ‘no completion, no registration’ move, CREDAI NCR makes some suggestions, which according to it, is in the interest of both the buyers and developers.
Says Anil Kumar Sharma, president, CREDAI NCR, “It’s a very good decision. However, I think GDA should expedite the process of granting completion certificates. The problem is that when a developer applies for the certificate and GDA finds faults in the building plans, it takes months and years to sort out the matter.”
“GDA’s indecisiveness harms both the buyer and the developer. Unfortunately, buyers get the impression that the delay is on the developers’ part. GDA should impose a penalty for the violation at the time of application for completion, collect the money and immediately grant completion,” suggests Sharma.