New Delhi: Builders cannot qualify by submitting the maintenance and administration of housing communities to the association of residential welfare if the project remains unfinished without all the infrastructure and facilities promised to the buyer of the house and need to compensate for Rwa, the Supreme Court said.
Nearly 18 years after a builder submitted a housing project in Noida to the association of residents, the judicial bench Hemtta and V Ramasubramanian directing the company, Padmini infrastructure, paying Rs 60 lakh to Royal Garden Rwa because it did not build water softening factory, second health club and swimming pool besides putting Fire extinguisher system.
Long legal battles reflect the problems faced by residents in such communities throughout the country and will be encouragement for home buyers, even though the newer state of the standard of states includes several aspects related to the default in the promised facilities.
Disputes between Rwas and Builders, some will return several years, continue to clog the field and consumer forum.
Real estate companies build a housing project with 282 apartments and ownership given from 1998-2001.
Buyers form RWA and get it registered in 2003 under the community registration law.
Rwa signed an agreement in November 2003 with the Builder to take over the maintenance of the apartment complex.
When the builder did not fulfill the promises made in the agreement, RWA approached the National Consumer Dispute Commission Rundress (NCDRC), which appointed a local commissioner to visit the site and submit a report.
On the basis of the report, NCDRC allows the defense of the association.
The company subsequently moved the APEX court, which has a temporary order in 2010 still follows the consumer commandment of the consumer commission but directs the company to deposit RS 60 lakh in the registry.
A decade after entertaining the petition, the court directed that the number was handed over to the association and bringing the 18-year-old legal battle ended.
The court rejected the company’s request that the association was prohibited with limits to collect complaints and pass orders by receiving a local commissioner report.
Observed that the association was submitted to the maintenance of the housing community 18 years ago, the court said it might impossible to force builders to make facilities or systems that fully operate now and justice interests will be fulfilled if the national commission order is modified in such a way that the complainant association will receive full settlement and end.
“The complainants must be entitled to all that monetary compensation in the amount of Rs 60 Lakh, now lying in a deposit with registration in this court, along with the interests obtained on it, as a replacement for reliefs sought in complaints.
That is the opposite (Builder) must, Within two weeks, removing all building materials stored by them in the club’s house in the basement of the Menara Eden and handed over the ownership of the club’s house to the complainant, “Bench said.