NO POWER, NO POS­SES­SION

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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.

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