HC restrains housing project owner

New Delhi:More home buyers have dragged the owner and builder of a housing project in Dwarka to the Delhi High Court which restrained realtors from cancelling their allotment as they have not taken possession of flats which allegedly lack even basic amenities.

Justice V Kameswar Rao restrained Uppal Housing Pvt Ltd, on whose land the complex is built, and Umang Realtech Pvt Ltd, the developer, till July 6 from cancelling the allotment of these 12 home buyers.

The housing project Winter Hills is located next to Dwarka Mor Metro Station in south west Delhi.
“Till the next date of hearing in the court, the respondent nos. 3 and 4 (Uppal and Umang) shall not cancel the allotment letter of the petitioners (home buyers),” the judge said.

The Delhi court issued notice and sought response of SDMC, owner and builder of the project and RERA on the homebuyer’s plea, filed through advocate Sanam Siddiqui, and fixed the matter for July 6 for proceedings before a joint registrar.

The court had on May 28 passed a similar order on a separate petition by other home buyers who have also made identical allegations against the project owner and developer.

In the fresh petition, Siddiqui said, the home buyers have sought quashing of occupancy certificate granted to the project owner and builder by the South Delhi Municipal Corporation (SDMC) alleging that the project lacks basic amenities, licences and necessary approvals.

It claimed that the buyers were threatened with cancellation of their allotment and some of them have paid nearly Rs two crore for a unit in the project.

The advocate in the earlier petition had submitted that the website of RERA (Delhi) does not state that the developer has received registration number and alleged that it was a clear case where the “developer was acting with impunity and state authorities were helping him”.

The court had said that at this stage it was not going into the issue of staying the advertisement issued by the developer in newspapers that it was in receipt of RERA registration number.

In February, the high court  had issued notice to the SDMC, Real Estate Regulatory Authority (RERA), Umang Realtech Pvt Ltd and Uppal Housing Pvt Ltd seeking their response on the petition which has sought direction to quash the occupancy certificate issued by the civic body.

The plea has claimed that home buyers who have taken possession are facing problems due to lack of basic amenities and necessary facilities, including electricity and water.

It claimed that the project was launched thrice- 2006, 2009 and 2011 and most of the home buyers booked flats in 2011 and were promised delivery in 2014.

However, the project was not completed by 2014, and while the home buyers waited for delivery of their apartments, they found certain discrepancies, it has claimed.

The home buyers have said the authorities are not willing to provide them documents relating to clearances which the project has received.

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