Errant Noida Builders To Be Booked Under Gangster Act
In order to serve justice to homebuyers who have been duped by builders, the Gautam Buddh District Administration has directed the police to book a builder for cheating buyers and not adhering to bye-laws under sections of the UP Gangsters and Anti-Social Activities (Prevention) Act, 1986.
In a first, Noida Police have booked AVJ Height Builders under the Act for duping homebuyer and selling a property to multiple buyers. The builder has also been facing charges by the stamp and registration department, under Section 17 of Registration Act, 1908, and Section 13 of the UP Apartment Act, 2010, for offering possession of flats without obtaining occupancy certificate and executing registry. Also, there has been a standoff between residents of AVJ Heights and the builder over payment of electricity dues as the Noida Power Company Limited has disconnected supply to the project in August 2017.
The stamp duty department has filed an FIR (first information report) against 15 other builders for allowing possession of flats in 24 housing projects without paying stamp duty to the government. Similar action can be expected against these builders, hinted the Noida Authority.
How UP Gangster Act will curb fraudulent activities?
To take swift and strict action against the builders who are cheating homebuyers or have sold or allotted a flat to more than one person at one time or have shown/constructed or sold units by wrongly increasing the units will be charged under the UP Gangsters and Anti-Social Activities (Prevention) Act, 1986, in the final chargesheet. Also, under Section 14 of the Act, the district magistrate can order attachment of any property (movable or immovable) in possession of any person which has been acquired by an offender as a result of the commission of an offence recognised by this Act.
Developers, who have taken multiple loans against the same property without the buyer’s knowledge will also be charged under the Act.