NEW DELHI: Flat buyers in Noida are up against the developer for allegedly making alterations to the original layout and denying them registration when they complained about this. The dispute has gone to the National Consumer Disputes Redressal Commission (NCDRC), which has asked the constructor to respond.
On June 9, NCDRC issued a notice to Prateek Group, the developer of Prateek Wisteria in Sector 77 of Noida, asking it to respond to complaints filed by certain flat buyers that it had refused to facilitate the registration of the property in their names. The redressal panel also asked the customers to insert advertisements in national newspapers asking all aggrieved flat buyers to pool all complaints to NCDRC.
However, Prashant Tiwari, chairman, Prateek Group, rubbished these allegations and said that “more than 1,000 registrations had been completed”. He said, “We have the completion and occupation certificates now. We started handing over possession two year ago and have completed the process. Wisteria is 100% occupied now.”
Tiwari also claimed that there had been no change in the layout plan. However, 65 complainants, owners of 35 flats at Prateek Wisteria, had approached NCDRC in April with complaints that alterations had been made in the layout plan in order to accommodate “a huge commercial structure in the space that was originally shown to be a common area in the brochures”. They claimed that the company had added 120 flats to the original plan without refunding the original buyers for the proportionate reduction of the super area of each flat.
Chakresh Jain, one of the complainants, said, “The developer refuses to recognise the rights of flat owners to common areas, for which every buyer has paid a proportionate share.” Many of the home purchasers fear that third-party rights have been created in these common areas by Prateek Group.
“After investing their hard earned money on the flats, we expected a peaceful transfer of ownership,” added Abir Phukan, a buyer. “But we were in for a shock when we found the extent to which the layout plan had been altered. At no stage of the construction did the developer inform us about changes in the layout.”
According to Anshuman Singh Rawat, “The developer even refused to share the contents of the sub-lease deed which conveys the title to buyers and simply expected us to sign on the dotted line.” The complainants claimed that because they had taken the case to NCDRC, the developer “immediately decided to stop the registration of the sub-lease deeds of the buyers who had approached the commission”.
Wisteria was launched in 2010 and the flats were to have been handed over for possession in December 2013. NCDRC will next hear the case in November.
Credits ET Realty