Noida & Grano RWA’s oppose amended UP Apartment Act as it is tilted towards Builders

RWA FEDERATION DELHI EAST & NCR

NOIDA /GREATER NOIDA RWA’S WRITE TO CM AKHILESH YADAV TO SCRAP RECENTLY AMENDED UP APARTMENT ACT AS IT IS HEAVILY TILTED TOWARDS BUILDERS

NOIDA/GREATER NOIDA October 3, 2016 Several Resident Welfare Associations (RWA’s) of Noida and Greater Noida have written to Uttar Pradesh Chief Minister Akhilesh Yadav to review and discard the recently amended Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) (Amendment) Act as it heavily favours the builders as detrimental to interest of buyers.

“The amended Act now allows builders to make changes to a project without getting consent from the buyers. This, apart from being contrary to contract law and the law of natural justice, will allow a small handful of powerful people to damage the interests of many. When a buyer spends his/her hard-earned money on buying a flat, he/she buys it based on the description provided by the builder. Allowing the builder to make changes after taking the buyers money and without consent of the buyer flies in the face of logic and sanctity of any commercial transaction. This amounts to offering the builder lobby legal cover for cheating the buyers.” Said Angry V.N Bali ,president, RWA Federation NCR.
“ RWA’s feel that the new Act also does away with the 24 month deadline for the builder/promoter for obtaining completion certificate from the date of sale. This, again, seems like providing legal cover for the builder lobby to profit at the cost of buyers. This will lead to a situation where the buyer will have paid for an apartment, but will have no guarantee of when the builder will deliver the said apartment. Many buyers, who take bank loans for apartments will be left with no apartment, monthly bank installments for the loan, and rent payments while they wait.”said Mr Bali.

“There is also the matter of the Act allowing builders to collect maintenance charges through electric meters, with no limit on how much they can collect. You may or may not be aware that many builders, especially in NCR areas of Noida, receive no or very shoddy service by the builder, who collects the full maintenance allowance. This amendment will give legal cover to builders to get collect money by threatening to disconnect electricity, while providing shoddy or no service at all.”He added

“The new Act, as it stands, seems to have been written solely to protect the builder/promoter lobby while leaving the buyers, the common public, at the mercy of few. We urge the UP CM to urgently review and discard the amendments, and ensure the interest of the weaker sections, in this case the buyers, are protected.” Mr Bali said .
V.N.Bali can be contacted at 9910069699