Thursday, July 12, 2012

Re: [CROMA] Apartments owners rights and obligation as per GDA

 

Dear members, 
I want to inform all of you through this platform that every information is available on GDA 's official website www.gdaghaziabad.com (To register complaints, U P Apartment act 2010,telephone nos of GDA officials,related web sites etc)-  Neeraj Shrotriya

From: Akhil Pal Chhabra <75chhabra@gmail.com>
To: CrossingsRepublikOwnersAndMembersAssociation-CROMA@yahoogroups.co.in
Cc: AK Jain <akjainchd@yahoo.com>; surendra tadi <surendratadi@gmail.com>
Sent: Wednesday, 11 July 2012 4:58 PM
Subject: Re: [CROMA] Apartments owners rights and obligation as per GDA

 
Hi Surendra
 
Here I would like to correct you and clarified the situation as provisions of law on the subject that rights and obligations are not as per GDA. GDA is only a development authority. The rights and obligation of the buyer of the flat and promoter i.e. the builders are governed and parties are bound as per U.P.Apartment Ownership (Promotion of Construction, Ownership & Maintenance) Act 2010 under which GDA is the designated authority for any complaint filed by any resident.
 
Further I would like to bring into your knowledge that U.P. Apartment (Promotion of Construction, Ownership & Maintenance) Act 2010 is in force with full effect for multi-storeyed apartment in all cities of U.P. including Ghaziabad , NOIDA  & Greater Noida. Under the provisions of the Act resident rights of residents are protected in case builders does not fulfill the obligations as per the Apartments Buyers Agreement & Sale Deed executed for the purposes of apartment.    
 
For your information Chapter II of the Act, under the head "Duties and Liabilities of Promoter" the following provision regarding compliances & maintenance are quoting herein for your reference:
 
"4. (1) Any promoter who intends to sell an apartment, shall make a full and true disclosure in writing of following to an intending purchaser and the Competent Authority:-
(a) rights and his title to the land and the building in which the apartments have been or proposed to be constructed;
(b) all encumbrances, if any, on such land or building, and any right, title, interest or claim of any person in or, over such land or building; 
(c) the plans and specifications approved by or submitted for approval to the local authority of the entire building of which such apartment forms part;
(d) detail of all common areas and facilities as per the approved layout plan or building plan;
(e) the nature of fixtures, fittings, and amenities, which have been or proposed to be provided;
(f) the details of the design and specifications of works or and standards of the material which have been or are proposed to be used in the construction of the building, together with the details of all structural, architectural drawings, layout plans, no objection certificate from Fire Department, external and internal services plan of electricity, sewage, drainage and water supply system etc. to be made available with the Association;…………………………………………………………"
 
Also Clause 8 says:
 
"8) The promoter shall be responsible upto two years after handing over the apartments regarding construction and structural defects in the building constructed by him and he shall get such defects removed at his own cost, failing which he shall liable to pay compensation for the losses incurred by him for such defects."
 
In view of the above provisions , any resident canm compliant against the builder requested the builder to fulfill/perform their obligations and can ask for correct status of on any pending issues. In case builder do not revert resident can file complaint to GDA which is designated authority under the Act to rectify the defect or before the Consumer Forum for Compensation b'coz of deficiency in service and negligence on the part of builder.
 
This abovesaid only my advise as per reading from the provisions of the Act  and do not conferred any guarantee or any liability of anything said above.

Best Regards
Akhil P. Chhabra
 
 
On Wed, Jul 11, 2012 at 4:42 PM, A. K. Jain <akjainchd@yahoo.com> wrote:
 
Dear Surendra Ji,
Thanks again for sharing the much required information.I did not know that these things can be taken up with the GDA. I am now hopeful that some progress will definitely be done with regard to the development in our Society.
 
A.K Jain,Advocate
Income Tax Advisor
# 13129,Tower No 9A
GH - 07
Crossings Republik
Ghaziabad 201009
Phone: 0120- 6720466 , 9811115135

From: surendra tadi <surendratadi@gmail.com>
To: CrossingsRepublikOwnersAndMembersAssociation-CROMA@yahoogroups.co.in
Sent: Wednesday, 11 July 2012 3:20 PM
Subject: Re: [CROMA] Apartments owners rights and obligation as per GDA

 
Thank you sir.

I think all the Crossing Republik residents should contact and register the complaints to GDA through email and phone. It is simple, this time it seems GDA really wants to help residents. They have taken a number of measures to stop the wrong doing of these builders, recent example is " mahagun mascot shopping complex was demolished". Crossing Infrastructure Pvt Ltd is in agreement with GDA that it will develop all the facilities as committed in lieu of getting license for this whole township. This includes everything like school, hospital, play ground, bank, post office, roads internet/telephone etc etc. 

I believe every builder in the crossing republik has sold open car parking to residents which is illegal, I think residents can complain to GDA and can get their money back (with interest)  from builder which they have paid for car parking. Builder has no defense for this complaint.

All those residents who have paid penalty and maintenance charges for late possession can complaint to GDA immediately because as per the rule, unless builder gets a completion certificate, can not charge residents for late possession and for your information no builder in crossing has got the completion certificate.

If there are any defects left by the builder in your apartment, complaint can be filed if it is not repaired by the builder. Please note that you can force builder to repair defects within two years from the time you have taken possession.

Regards
-Surendra Tadi
6020, GH7

On Wed, Jul 11, 2012 at 2:48 PM, A. K. Jain <akjainchd@yahoo.com> wrote:
 
Dear Surendra Ji,
You are doing a very good job.Pl. keep it up.
Thanks.
 
A.K Jain,Advocate
Income Tax Advisor
# 13129,Tower No 9A
GH - 07
Crossings Republik
Ghaziabad 201009
Phone: 0120- 6720466 , 9811115135

From: surendra tadi <surendratadi@gmail.com>
To: CrossingsRepublikOwnersAndMembersAssociation-CROMA@yahoogroups.co.in
Sent: Wednesday, 11 July 2012 1:00 PM
Subject: [CROMA] Apartments owners rights and obligation as per GDA

 
Dear All,

Please find "Apartments owners rights and obligation" published by GDA.

It clearly says that all the common space inside a society is a undivided interest among its residents. it can not be sold to anyone. Which means all the open car parking space sold by builder in each society is completely illegal on their part. If we contact GDA and keep putting this pressure, GDA can force builder to abolish this open car parking and we may have more open space surrounding the society. 

Resident should get their money back which they have paid for open car parking.

Regards
-Surendra tadi








--
Warm Regards

Akhil P.Chhabra


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