Last Updated on August 28, 2023 by Satish Mishra
This post covers Express Project Pvt. Ltd RERA Panchkula Complaint wherein the main contention was maintenance charges being levied arbitrarily extra.
INTRODUCTION
In 2016 , Real Estate (Regional and Development) Act was introduced by the government of India with the aim to regulate the real estate industry and bring transparency and accountability that would protect the interest of home buyers in the real estate industry. Section 31 of RERA act act gives power to any buyer to file a complaint with the authority against a allottee or a real estate agent.
Also Read- haryana real estate regulatory authority, panchkula
The court is proceeding its Fourth hearing the facts from the previous three hearings are as follows After the first hearing on 25.09.2018, a detailed order was passed in which inter-alia, following directions were given to both the parties:-
(i)The respondents shall file a detailed affidavit citing therein the dates when they applied for occupation certificate; the objections if any, from the Town & Country Planning Department; and the dates when they applied for occupation certificate; the objections if any, from the Town & Country Planning Department; and the dates Complaint No. 317/318/319/320 & 356 of 2018 when they were actually granted the occupation/completion certificate.
(ii)The complainant shall hand over stamp papers for executing conveyance deed within a period of 15 days. The respondents shall get the conveyance deed executed within a further period of 15 days from the date of receipt of the stamp papers.
(iii) A permanent mechanism for addressing the complaints of the allottees of the colonies with regard to maintenance services shall be put in place. Proper staff for this purpose shall be appointed to redress the grievances of the allottees expeditiously.
(iv)The respondents shall arrange to hold a meeting of all the allottees Of the colonies within a period of 15 days. They will also exchange addresses and phone numbers of all the allottees in order to facilitate formation of residents association.
(v)Current difficulties with regard to services in the colonies shall be redressed within a period of 15 days.
(vi) The structural defects observed in the colonies shall be repaired without delay.
This case was heard 3rd time on 15.11.2018, when inter-alia the following directions were given to both the parties.
Respondent is directed to execute the conveyance deeds of those flats, whose stamp papers have been handed over by the Respondent is directed to execute the conveyance deeds of those flats, whose stamp papers have been handed over by the Complaint No. 317/318/319/320 & 356 of 2018 complainants to the respondent till date. In case, the respondent fails to do the same by the next date of hearing, then exemplary costs will be imposed on the respondent. The Authority observed that the statement of accounts shared by the respondent contained only details of amount receivables from complainant and not with respect to the amount payable to them, if any. The respondent is directed to submit the statement of account in appropriate format along with specific differentiation into categories of amount payable by the complainant. The Ld. Counsel for complainants is directed to submit to the Authority as well as to the respondent statement of account with respect to all the other complaints separately. The respondent is directed to submit the minutes of the meeting to be held on 20.11.2018 consisting of list of allottees attending the meeting, the issues discussed in the meeting and the assurance given to the allottees.
Also Read- Poor Facilities, Poor Maintenance by Express Builders Ltd
Issues Involved :The primary issue in the current hearing was that the respondent were asking for extra maintenance charges of Rs 28851 as additional maintenance charges , the complainant stated that they have already paid the amount for 5years and the additional chargers are purely unjustified
The complainant were of the opinion that since they have paid for 5 years as maintenance charges there is o apparent reason to demand for extra charges by the respondent, however the respondent defended by stating that the amount of Rs 28851 are not additional charges but they are charging as per actual expenses being incurred divided by the developed area and in accordance with the terms
of the agreement .
Findings of the court : The court addressed the issues of conveyance deed by ordering all the complainants to submit their stamp papers with the respondent immediately , and ordered the respondent to do the needful as soon as they receive the papers , further coming to the main issue the court ordered that the respondent submit a detailed and certified copy of the Accounts duly affirmed by a chattered accountant , the court also directed the complainant to put the accounts copy on their website for transparency . The court also ordered the respondents to hold a meeting for all the allotees and inform them about the development and maintenance of the project and its expenditure along with that court forcefully directed the respondent to carry out maintenance project properly.
Also Read- RERA Lawyers Chandigarh Panchkula Mohali Zirakpur Kharar Derabassi
Conclusion : As mentioned above the main aim to introduce such a legislation In India was to safeguard the home buyers from unnecessary persecute by the Real Estate Agents , and its important that the courts do reasonable justice to the act and its purpose.
For case specific advice, please connect with Top Best Expert Legal Consultants Attorneys in Real Estate/Property Estate/Consumer Court and Consumer Protection Dispute/ Consumer Grievances and Complaints/RERA Lawyers Advocates in Chandigarh Panchkula Mohali Kharar Derabassi Zirakpur etc.
More on 99888-17966.
