COMPLETION CERTIFICATE A MUST (Link :
http://paper.hindustantimes.com/epaper/viewer.aspx)
30 Nov 2013.
Hindustan Times (Delhi).
Jeevan Prakash Sharma. jeevan.sharma@hindustantimes.com.
GOING FORWARD IF THE DEVELOPERS DO NOT GET A COMPLETION CERTIFICATE FOR THEIR PROJECTS, THEY TOO WILL BE PENALISED, SAYS THE ALLAHABAD HIGH COURT RULING ON THE UP APARTMENT ACT.
Developers not getting com pletion certificates for their projects will also be penalised, the Allahabad High Court has said in its ruling on the UP Apartment Act. They do not get the certificates as it enables them to not follow the sanctioned building plans and construct illegal flats and offer possession. Living in buildings for which completion certificates have not been acquired gives rise to multiple problems for the residents. Quite a few cases have been taken up with the HC. One relates to the deputy registrar refusing to register the Olive County RWA without a completion certificate. In another case, the Sun Tower RWA challenged the delay in completion of the Sun Tower buildings and Shipra Suncity project by GDA and Shipra Estate Ltd. This happened eight years after allotment and constructing new buildings by availing of additional FAR beyond the base FAR of 1.5 without the consent and NOC of the allottees.
The HC has observed that a provisional certificate will be issued for registration of societies till a completion certificate was obtained by the builder. "The completion of all infrastructure services and completion certificate from local authority will not be a ground to deny the registration, as the issuance of completion certificate depends on the steps to be taken by the promoter. The delay caused by him in obtaining such certificate will defeat the object of formation of the society and the enforcement of the rights and liabilities of the promoter and the apartment owners. In such case the society will be registered provisionally under the certificate to be given by the competent authority as defined in Rule 2 (C) of the Act, who will give a time period to the promoter to provide all infrastructure services and to obtain completion certificate, failing which the promoter will invite the punishment for the offence as prescribed under Section 25 of the Act, including the punishment of imprisonment under Section 25 (1) of the Act."
DEVELOPER CAN'T DENY DECLARATION, HANDING OVER OF COMMON AREAS.
One of the most striking features of UP Apartment Act is the 'declaration' of a building and deed of an apartment. The Act makes it mandatory for every developer after constructing the project to disclose the title of land, building plan, number of apartments etc to the competent authority. The same disclosure would be enclosed with the transfer deed (deed of apartment/sale or sublease deed) while handing over possession of the apartment to the owner. The Act also makes it mandatory for the developer to hand over common areas and facilities to the association of apartment owners upon its creation. As a matter of fact, it is deemed transferred when the association is registered.
The HC has held that "Common areas and facilities are deemed handed over to the association after adopting the model by laws."Contrary to this, in the Designarch Infrastructure Pvt Ltd vs vice chairman, GDA, the developer raised the matter of violations in formation of RWA and refused to hand over the common areas and facilities to the association. The developer also questioned the authority of the delegatee (special officer) to pass orders on behalf of vice chairman GDA. The promoter submitted that it was not obliged to hand over the common assets to the RWA because it had members who were not 'owners' till the RWA adopted the model bye-laws.
"For the purposes of discharging functions and duties and resolving the disputes the competent authority will be entitled to delegate its powers to an officer not below the rank of joint secretary, including legal advisor of the authority and any sub divisional magistrate of the district in case of a district," the high court has held.
FIGHT FOR YOUR RIGHTS.
Finally, as a consumer you must ask yourself : Is your builder planning to add more floors to your building? Worried that it will put additional pressure on infrastructure already creaking under heavy loads? Anguished at the thought of concrete towers around your building when you had initially bought into a housing project which promised views of green open spaces?
If you are living in an NCR area in Uttar Pradesh, you can take action against a builder who has modified building plans after you moved into an apartment in his project.
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