Relief For Gurgaon's Winter Hill Residents As Delhi HC Stays Builder From Cancelling Flats
Looks like not much has changed even after the implementation of the real estate law. In a recent case filed in the national capital, the homebuyers of the apartments in Winter Hills society have alleged that the developer is forcing them to move into the project that has no RERA-registration number and no proper amenities. This time the Delhi High Court has come to the rescue of these homebuyers who invested their hard-earned money in the project located at Sector 77 of Gurgaon. The project is delayed by four years.
While the homebuyers have moved to the court against the builder to cancel the occupancy certificate received by the builder as the project is not equipped with even basic amenities a building must provide, the Delhi HC restrained Umang Realtech, the developer and Uppal Housing, on whose land the complex is built from cancelling the allotment of buyers till July 6.
Earlier, media reports have reported in December that the same developer has left the project construction halfway through five months ago while the homebuyers have already paid around 90 per cent of the total cost of the apartment. Homebuyers claims that the project has been launched multiple times since 2006 and most of the purchasing has been done in the year 2011 when the date of delivery was 2014. The authorities are also not willing to help the homebuyers by denying them the clearance documents received by the project.
What homebuyers can do
Homebuyers need to move to the court as if the builder does not deliver the flat, or files for bankruptcy, the owner will not be considered a creditor for the defaulting amount. For known creditors, the court can order sales of builder’s assets to recover money. Apart from this, the case application filed with the consumer court can fetch homebuyers up to 12 per cent interest for the delay if the flat delivery is delayed and up to 18 per cent interest if the flat is not delivered within the next 12 months of filing.