Future City Developers Punjab RERA Complaint wherein mutual settlement was arrived with complainants for removing deficiencies.
JUDGEMENT SUMMARY
SAURABH KHANNA V. M/S FUTURE CITY DEVELOPERS PVT. LTD, 26th June, 2020
Today we are going to talk about the case of Saurabh Khanna v. Future City Developers Pvt . ltd, 26th June, 2020. The advocates for the complainant side was Sh. Sanjeev Gupta and for the respondent side was Sh. Yash Yadav. The case was being held before the real estate regulatory authority, Punjab.
The case was about the possession of the flat not given to the complainants so for that the respondent and complainants have come to a mutual settlement with the following grounds that will be mentioned down and have also mentioned that “the builder shall finish construction of club house and other block immediately after all complainants and cases are taken back”.
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- Club house- the construction of the club house will be started immediately after all complaints are taken back and stay order is revoked. The size of the club will be 490 square yards and will be constructed as per maximum building norms. FCD (fully convertible debenture) agreed to construct one more floor. Earlier it was 16ft x 30ft. Gymnasium, multipurpose hall, library, washroom on all floors, reception, conference room and activity room. FCD is committed to provide air-condition in activity room. Gym, multipurpose hall, library and conference room. The builder is targeting to complete the work by December, 2020, however under any natural epidemic like Covid-19 etc. the timeline may differ. The construction of club house will start simultaneously along with C block east facing after all foundation & each filling is complete in plots (C3,C4,C5,C6).
The location of the club house plot will be opposite to the C-block (east facing, flat C5 and C6). For more clarify the location, the club house plot is on the left side of road separating C and D block. Area between club house and STP (sewage treatment plant) will not be constructed in any manner.
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- Green area/Park: FCD is committed to provide 20000 square feet of green area and further FCD will leave area between club house and STP plant this area will remain green and no construction shall be carried out. No construction of J block and I block will be done.
- STP will be completely covered from four sides and the nearby area will be covered green.
- Parking: all the flat owners will get dedicated parking space as committed by the builder. The owner will get dedicated parking at the nearest possible place. The parking area will be allotted to the residents at the earliest. The visitor parking will also be marked at the earliest.
- Commercial booths and C blocks east residential building: in the revised plan submitted to the authorities, FCD intend to make C block east facing as residential. The C block plan is G+2 and no upward construction will be done beyond G+2. Further, FCD will also raise structure and complete flats of plot D9 and D10. FCD intend to build commercial block at the entrance of the society.
- Repair and existing infrastructure: below are the immediate pending tasks;
. E block road check and do repairs if necessary.
. STP to be covered from all four sides.
. common area lighting and stair lighting to be joined in common meter in E&F block.
. water tank and all the manhole will be covered at the earliest.
. cylinder jaali and pending doors to be fitted, where it is not installed.
. duct cover to be installed.
. E&F block top roof boundary parapet to be done as per the other blocks.
. boundary wall of A,E and H block to be repaired as it is bending, it will be repaired at the earliest.
. fixing of mumty doors wherever needed.
. water tank cleaning.
. railing in E and F block to start from 1st step.
. expansion joint to be covered on roof.
. Paragola to be fitted in the remaining blocks.
Also Read- ALL ABOUT FILING COMPLAINTS IN RERA PUNJAB
- Registration of RWA (resident welfare association): the builder will acknowledge the resident welfare association and RWA will be registered after the completion of the project.
The complainant was present in person who confirmed having given the consent for withdrawal of complaint. The counsel for the complainant also confirmed about the same. The complaint is accordingly disposed of as withdrawn as no useful purpose shall be there to keep the matter up to 13th July, 2020, in consequence of mutual settlement between the complainant and respondent promoter and mutual understanding arrived between a group of residents and the respondent promoter. However, the interim order dated on 11th February, 2020 in respect of “the respondent is hereby restrained under section 36 of the real estate regulation and authority development act, 2016 which states “power to issue interim orders” from carrying out any activity in the project which is contrary to the approved layout plan till further orders of this bench of authority” shall continue as no comprise can be allowed between the residents and the promoter in respect of any illegality or any construction contrary to the approved layout plan. The judgement decided in this case was by Sanjiv Gupta, Member of the real estate regulation and development Act, 2016 (RERA) Punjab.
Also Read- Compensation delay in possession RERA Punjab Haryana
CONCLUSION
The judgement decided in this case was at all justified from all the legal points and the justice that have been prevailed between the complainants and the respondent was the reason of getting justice in such a speedy way. This mutual settlement only has lead with the no stretching of the case and fighting with the new terms and conditions and considering all the points that have been taken before only by the residents with the consideration of the respondents.
Post written by Sammyak Jain.
For case specific advice please contact Punjab State Consumer Disputes Redressal Commission Lawyer Advocates in Chandigarh Panchkula Mohali Kharar Zirakpur.
More on 99888-17966.
