Jaypee Insolvency: Over 1000 Homebuyers Get Possession Letters
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Jaypee Insolvency: Over 1000 Homebuyers Get Possession Letters

Jaypee Insolvency: Over 1000 Homebuyers Get Possession Letters
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Updated on October 17

There is some good news here. About 1,150 homebuyers who had put their money in Jaypee Wish Town and Kosmos have received possession letters over the last two months. By December 2017, another 2,300 homes may be ready for possession if the work goes on without hurdles. Jaypee has also said that it has plans to raise Rs 2,500 crore from Yamuna Expressway.

Updated on October 9

The Supreme Court refused to entertain any urgent application by Jaypee Associates (JAL) for modification of the order in September that said that the holding company of distressed Jaypee Infratech should deposit Rs 2,000 crore in the apex court by October 27.

Updated on September 19

Uttar Pradesh Chief Minister, Yogi Adityanath has assured homebuyers in Jaypee's projects that the developer firm would deliver 600 flats monthly, starting November. This was the decision communicated to Satish Mahana, Suresh Rana and Suresh Khanna who form the cabinet committee. 

Updated on September 12

The Supreme Court has directed Jaypee Associates (parent company) to deposit Rs 2,000 crore by October 27 and all the directors and managing directors of the company have also been directed to not leave the country without permission. These measures have been taken to safeguard the interests of the homebuyers, most of whom are salaried class. Even if the company planned to sell its assets to raise money, it would need to seek court's permission. The next hearing is scheduled for November 13 and an interim resolution plan is awaited within 45 days.

Earlier this month, the apex court had stayed an order passed in August by the Allahabad bench of the National Company Law Tribunal (NCLT) which initiated insolvency proceedings against Jaypee Infratech. But, a day later the IDBI Bank approached the court seeking restoration of insolvency proceedings. 

Chief Justice Dipak Misra also an amicus reportedly said, “We are not concerned about the companies, but only about the interest of homebuyers." 

Updated on September 1

A three-member committee was appointed by the Uttar Pradesh CM, Yogi Adityanath to look into the grievances brought forth by homebuyers. Urban housing minister Suresh Khanna, Industries minister Satish Mahana and state minister of cane development and sugar mills Suresh Rana are the members of the committee who after much deliberation have brought to notice that co-developers would be brought in to complete the projects. Home buyers have been assured that they need not pay any outstanding amount toll the units are completed. The delivery of these flats is the focus because a majority of the buyers preferred to take the flat and not the refund or compensation.

Updated on August 31

About Rs 16,000 crore is stuck in Jaypee Infratech's projects and homebuyers have pleaded that any resolution plans should monitor and enforce that the funds for project completion should be put into an escrow account as per RERA norms. Meanwhile, these homebuyers have also asked the Uttar Pradesh government to intervene meaningfully. 

Meanwhile, the Yamuna Expressway Industrial Development Authority (YEIDA) has assured that homebuyers in Jaypee's six scrapped projects would be refunded at any cost. The scrapped projects are Budh Circuit-01, Budh Circuit-02, Nature View, Boulevard, Aman-III and Udaan where construction had not even started although possession was scheduled for 2016. In worst case scenario, YEIDA has maintained that it will cancel Jaypee's lease and liquidate its assets to recover the money if the firm fails to pay the first installment of refunds by the end of October 2017. There are over 3,300 homebuyers who had invested in these projects.

Updated on August 25

As the number of homebuyers raising a PIL keeps swelling, the Supreme Court (SC) has adjourned the hearing to September 4, 2017. 

Updated on August 24 

The Supreme Court would hear a PIL on behalf of the over 30,000 homebuyers in Jaypee Infratech's projects. The senior advocate representing the homebuyers was quoted saying that once these affected sign the forms (Form F), it would prevent them from initiating any case against the developer in a consumer court which thwarts their right to justice. 

Updated on August 22

To simmer the confusion a bit, the government is considering whether home buyers will need to file any claim forms by August 24. The builder firm could very well obtain statements of accounts of payments made by home buyers from its records and send these to each home buyer to check for any discrepancy. Those in Jaypee Aman's project needn't fill the claim form.

While you may have admired the roadways between Delhi and Agra that is Noida Expressway, its creator, Jaypee Infratech, is undergoing insolvency proceedings. Thousands of homebuyers are now in a tight position as they have invested in projects of this developer. 

To make matters worse, the insolvency resolution professional (IRP) handling the case has ruled out any possibility of homebuyers getting refunds. The project construction would continue, the IRP has assured. 

What is it all about?

The National Company Law Tribunal (NCLT) has started insolvency proceedings against Jaypee Infratech. The petition was filed by IDBI Bank under the Insolvency and Bankruptcy Code which was introduced in 2015. The Code was refreshed and brought into picture back then in an attempt to take speedy action against failed businesses within 180 days. This facilitates lenders, creditors and companies to initiate insolvency proceedings.

What is Jaypee’s debt as of now?

The company’s debt amounts to Rs 8,000 crore. Under normal circumstances, assets of such companies are sold in order to reduce the burden of debts. But, despite the company having almost four parcels of 1,200 acres each on the Yamuna Expressway and the Noida-Greater Noida Expressway, a weak market sentiment gets in between such an action. As a result, these parcels cannot be liquidated so quickly to recover costs.

What has the court suggested?

Jaypee Infratech has been asked to clear debts within 180 days or find a resolution within the stipulated period. The time frame can be extended by another 90 days. The court has also provided homebuyers and banks to raise claims by August 24, 2017. In the meanwhile, an insolvency professional will look into these claims.

The NCLT has also appointed Anuj Jain as the CEO of Jaypee Infratech who would have to see through the insolvency proceedings. If the company restores its merit and credibility within the next six months (can be extended by another three months), there wouldn’t be much to worry. However, if it fails to do so, the assets of the company would be frozen and sold to recover the debts.

Has this happened before?

Yes. Jaypee has been in the spree to sell its assets - hydropower projects in Himachal Pradesh to Sajjan Jindal's JSW and cement units to Orient Cement and A.V. Birla's Ultratech over the last three years. Reports claim that the company’s worth outweighs its debts but because it's worth would take time to mature, the liquidity crunch has failed the company as of now.

Are homebuyers safe?

“In the interim till the company has been asked to find a resolution, homebuyers are in a safe period,” says advocate Ashok Nigam, practicing in the Delhi High Court.

However, there are some pressing questions that home buyers have on their mind:

  • What will happen to allottees? Do they get the ownership of land or whatever structure has been built?
  • Is the creditors’ interest paid heed over that of home buyers?

In short, there is every reason for homebuyers to worry. 

First, allottees usually do not have any claim on land or the units unless a relevant government body has made a provision or received its dues from the developer. Second, in most cases the secured creditors (banks) have the first claim on the money that would be generated from the auction. The banks do not waive loans on securities such as land. It is only after this that the individual buyers’ interests are usually considered. Meanwhile, no parent company holds any obligations.

Advocate Atulay Nehra says, "In the present case if the creditors / banks plan to re-finance the project with new contractors or with the help of the state the  allottees may expect to get their houses in a distant future. No they do not get ownership of any land or structure - either they get their flat or money."

Also,  the public money / the banker's money will be paid first , if the assets of Jaypee are liquidated for recovery of money. Once declared bankrupt, the company will have to give off the rights over all the assets - which will be liquidated to recover the losses / dues of the banks and individual claims, he adds.  Moreover, all those who have invested and have not got their houses need to fill out this form (can be filed online) or this one and be a part of the court proceedings too . In case the liquidation proceedings are executed, the investors may expect to get their money as per their claims filed within 24th August 2017.

Homebuyers' dilemma

However, homebuyers are insistent that their claims be heeded as much as that of the creditors. Reports claim there could be as many as 35,000 homebuyers and close to 10 home buyers’ associations that would take up this matter. As of now, liquidating the company, if need be, is 270 days away. While banks could look into restructuring the loans, waiving the loans may not be an option available to home buyers. The EMIs will continue despite the fact that the property owners may be left in the lurch. However, waiving it off is not an option because credit ratings of buyers get affect while the banks too may suffer if their non-performing assets (NPA) increase.

According to a media report, India’s bankruptcy courts are at the moment trying to resolve Rs 8 lakh worth of loan defaults or NPA’s.

Way forward

  • Home buyers will have to give details of the amount they have paid the company on a prescribed form. This is a legal requirement and will record the total amount that may have to be paid back to the homebuyers in case all attempts to revive the company fail. 
  • Homebuyers cannot file cases in courts for recovery of money after the company has been classified as insolvent but the right to get the allotted house does not get diluted. Therefore, affected home buyers should compel state development authority to direct the company to keep its promise of delivering the project.
      

Will there be a new project completion timeline?

It is likely. Given that the focus is now on clearing the debts of the company, new completion schedules may be set.

Are all projects by Jaypee unsafe at the moment?

Under-construction projects by Jaypee Infratech may see some delays.

Other developments in this case:

  • The Noida Authority has promised to protect home buyers' interests.  Noida Authority CEO Amit Mohan Prasad was quoted saying, "Hard earned money of home buyers will not be allowed to go down the drain."
  • The authority will also work on rescheduling the payment plan under which builders will be directed to deposit the dues within a specified period.
  • Unsold inventory of Jaypee would be taken over by the Authority and auctioned  to recover dues and has already written to the Uttar Pradesh government for permission.
  • In the interim, before 24 August, a  buyer, who comes under category of a financial creditor needs to file form-C. The form can be downloaded from the website.
  • Meanwhile, Union finance minister Arun Jaitley assured that home buyers who have paid money to the real estate developers should and will get their homes.

Home buyers get together on roads and social media

Thanks to social media, home buyers in all of Jaypee's under-construction properties are getting together on Facebook and WhatsApp groups to communicate the developments as well as show solidarity. 

Here are some conversations doing the rounds:

1

2

They are not the only ones. Sakal Bhushan, lawyer by profession writes on Facebook, "I have read the IBC thoroughly. My conclusion which I have got approved from a retired judge of Supreme Court is that we need not file any form at present; in fact there is no form prescribed for home buyers (creditors). Forms are only for the financial and operational creditors including workmen and employees. The reason is that at resolution stage the other creditors like home buyers are not affected; it is only when a company moves to the next stage of liquidation (if resolution fails) that the other creditors like home buyers come into picture for distribution of the proceeds in order of preference under Section 53 of IBC. So please don't panic."

However, given Jaypee's public announcement on its website, some home buyers are leaving no stone unturned to do what looks confusing and needful at the same time. In a press release dated 12 August, Anuj Jain, Interim Resolution Professional assures home buyers and says, "The Corporate Insolvency Resolution Process (CIRP) is not a proceeding for liquidation. It is a process to find a resolution for the current situation. I am conscious of the interest of key stakeholders including flat owners. As Interim Resolution Professional, it is my duty to endeavour to protect and preserve the value of the property of the Company and manage its operations as a going concern including continuation of ongoing construction."

On the claims front, Jain says, "Over the next few days I will collect the necessary information to prepare an information memorandum of the Company...The claim is required to be filed (by creditors and flat owners) in the requisite format as prescribed by the IBC and the regulations framed thereunder. The requisite format of all the above forms will be placed on the website of the Company on Monday 14th August 2017 and can be downloaded from there." Jaypee's public announcements and forms are here.

Jeetender Gupta, advocate, Delhi High Court says, Not every Jaypee investor would be required to file claim before NCLT insolvency professional but only the Jaypee Infratech investors.

Company's stand

Jaypee has informed all stakeholders the following:

"Please note that merely because the claim may have been filed in a wrong form by a Creditor will not disqualify the claim from being considered. Further, if any Creditor fails to file proof of claim or complete proof of claim along with the form will also not disqualify the claim from being considered. Such proof can be filed at a later date but not later than approval of resolution plan."

Some FAQ's about claim filing

Lawrato, a network of 5000 lawyers answer some of your doubts:

What if I do not want to file a case against the builder?

If you do not file a case, you putting your investment at risk. IF the builder does not deliver your flat, or is declared insolvent, you will NOT be considered creditor for the defaulting amount. For known creditors, the court can order sales of builder’s assets to recover money to reimburse creditors, but you will not be eligible without submitting your claim. As per the NCLT order, you need to do this before August 24th 2017.
 
Will I get interest on the amount paid for the flat?
 
The case application filed with the NCDRC is for 12 per cent interest for the delay, if the flat is delivered delayed, and paid amount with 18 per cent interest, if the flat is not delivered within the next 12 months of filing. Regarding Jaypee Infratech, all proceedings have been transferred to NCLT.
 
The builder has promised delivery in a few months. Should I still file a case?
 
Most builders have been promising deliveries and not meeting those deadlines. The action by NCLT against Jaypee is shows that they may not be in a position to deliver the promised homes. It is now upto you to protect it and not just take the builder’s word for it.
 
I know other homeowners with the same issue with the builder. Should we all file a case as a group?
 
No one is worried about your money as much as you. But now the NCLT has stepped in to protect homeyers interest. We need to follow directions from NCLT in this matter as it proceeds.
 
Will I have to spend time on court dates and appear in person?
 
Mostly the matter will be handled by the lawyers representing you. You do not need to appear in person, except 1-2 times for critical decisions. Your case can be handled even if you are not in town or living abroad.
 
How long will the case take if filed?
 
The latest rulings and the RERA act are in favour of homebuyers and courts offer a fast resolution of such matters.Generally, cases in the NCDRC (National Consumer Disputes Redressal Commission) are resolved within 12-18 months. The orders against Jaypee are also part of the fast-track insolvency initiative, and the cases should be resolved faster if you appeal.
 

Here’s a look at Jaypee’s under-construction projects in the National Capital Region:

Kosmos

Launched January 2007, Noida Expressway, Sector 134.

Kensington Heights

Launched April 2010, Noida Expressway, Sector 133.

The Orchards

Launched July 2012, Noida Expressway, Sector 131.

The Kove

Launched December 2011, Yamuna Expressway, Sector 25

Garden Isles

Launched November 2011, Noida Expressway, Sector 133

Sun Court 3

Launched January 2012, Greater Noida Central, Swarn Nagri

Kristal Court

Launched August 2012, Noida Expressway, Sector 128

The Kalypso Court

Launched June 2008, Noida Expressway, Sector 128

Klassic Heights

Launched June 2011, Noida Expressway, Sector 134

Kasablanca

Launched May 2012, Noida Expressway, Sector 128

Budh Circuit Studios Phase 1

Launched April 2013, Yamuna Expressway, Sector 25

Budh Circuit Studios Phase 2

Launched April 2013, Yamuna Expressway, Sector 22D

Aman 2

Launched August 2010, Noida Expressway, Sector 151

Villa Expanza

Launched September 2013, Yamuna Expressway, Sector 19

Udaan

Launched October 2013, Yamuna Expressway, Sector 22D

Villa Expanza Country Homes II

Launched September 2013, Yamuna Expressway, Sector 25

Villa

Lunched December 2007, Swarn Nagri

Naturvue Apartments

Launched August 2013, Yamuna Expressway, Sector 22D

The Castille 3

Launched January 2014, Swarn Nagri

Tiara Tower

Launched April 2014, Noida Expressway, Sector 128

Boulevard Court

Launched February 2014, Yamuna Expressway, Sector 22D

 

 

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@@Thu Oct 12 2017 13:37:27