Do not exploit us: A home owner’s plea to developers in Noida
Amit Chauhan, a homeowner affected by the National Green Tribunal order on Okhla Bird Sanctuary, says the government and the authorities should ensure that buyers are not exploited. Occupancy certificates (OC) for projects should only be issued to those developers who have completed construction of the projects. The “NGT issue should also not be used as an excuse not to pay penalty to buyers,” he says. Some developers applied for occupation certificates in November 2014 even though they had not completed construction. “They did not give us possession, telling us that the certificate was not given due to the NGT issue. When we filed an RTI to verify the builder’s claim we were told that he and others had not been issued the certifi- cates as they had not complied with local requirements such as no fire clearance, no water connection, no electricity, no sewage facilities and no plantation as per approved layout plans. Nowhere was the NGT issue cited as a reason,” he says.
The danger here is that even though the NGT issue has been cleared, builders are not likely to be under much pressure to deliver projects on time because they are under no compulsion to pay penalty to buyers. Some of them might claim that as they had sent out letters stating that the OC had not been handed over due to shortage of labour, ground water and sand, the force majeure clause (delay due to reasons beyond one’s control) had kicked in and they were not liable to pay penalty, adds Chauhan