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Supreme Court Judgment ill Effects on home buyers

Postby dheerajjain » Sun Dec 15, 2013 10:52 pm

There are some of the excerpts from the SC verdict.

1. There is no right of Apartment Owners on Common areas( The perpetual rights belong to Colonizers) despite the fact that Apartment Owners have paid EDC & Cost of constructions for such facilities such as School, Commercial Complex, Club, Green area etc..

2. The SC verdict is not at all in accordance with the Acts but will become law after the SC verdict.

3. What will be the role of duly elected RWAs once the Apartment Owners are the owners of " FOUR WALLS( dwelling units), Beams & Girders only? The RWAs will continue to be for the namesake & become non existent.

4. Maintenance amount of the common areas/utilities will be charged at the whims & fancies of the colonizers.

5. Clubs will be used by the wealthy & Mighty people of the society( other than the Apartment Owners). What if tomorrow Colonizers open a SPA or Massage Parlours within the walls of Club.

6. Maintenance agencies will rule on the Owners and any amount demanded by Maintenance agency will be obligation on Owners.

7. Mighty & Wealthy Colonizers an Administration were overpowering the Owners even after the hon'ble high court verdict imagine the behavior of Colonizers & Administration after the implementation of SC verdict.
There are various other ill effects on Owners once the SC verdict is implemented.

Efforts are being done by Federation for Greater Faridabad in this regard. I also request GFWA to come forward and support home buyers who are badly hit by this anti-buyers decision of Supreme Court.

Attached are coverages in Hindustan Times and Times of India
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Re: Supreme Court Judgment ill Effects on home buyers

Postby dp2013 » Mon Dec 16, 2013 1:40 pm

Does this mean we have sign the agreement of maintaince that was earlier shared by the Builder, wherein he can charge us anything he thinks with no calculation.?

Area increase - No calculation provided?
EDC increase - stay ?
ADC - Dont know whats happening here?

you invest a huge amount to buy a new house and now you have to pay for maintaince which would easily amount to the rent you have been paying... whats the point of having a house
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Re: Supreme Court Judgment ill Effects on home buyers

Postby » Tue Dec 17, 2013 9:57 am


Below are some of the KEY Points & the Plight of APARTMENT OWNERS:
Kindly read carefully & revert on the below issues:

1. Future of Home Buyers of GH in sectors-75 to 89 Faridabad.
2. will BPTP not say that smaller GH are part of larger "Park Land" project of 1500 Acres and therefore the same yardstick as applied in DLF case is applicable to me.
3. Is this not neo-zamindari system wherein Flat buyer is left at mercy of Builder forever, like bonded labour was depended post abolition of zamindari system in India.
4. already Colonizers are affecting meetings with CM haryana to increase FAR and before Election it is a big possibility that it would be granted.. where would those judgments go which said no change can happen without consent of Home buyers.. now it is absolute ownership of builder.. why would he need to take consent to alter or increase build-up area on his own area.
5. how will we fund major repairs in the future.. like the plaster of exterior walls.. painting of exterior walls.. water tanks.. solar panels,.. lifts.. generators... water harvesting.. water pumps.. sewerage pumps.. new technology that maybe made mandatory by law in the future... where will the money come from.. that means in effect each tower who has repairs or break downs will have to keep collecting the same from the home-buyers.. therefore the operational cost of staying in the GH will be exponentially high than staying in plotted colony.
6. What is the scope of work left for the RWA. in a GH society. ???
7. The Director General Town & Country planning who is competent authority has held all these areas and facilities belong to the RWA.. then why has the Supreme COurt mis read or mis applied the interpretation to allow builders to gain at our cost.
8. Why is the Govt of Haryana not with the Citizen of the state of Haryana and why its AG in supreme court has pleaded that the developer should have the right on said areas.. what should be our message to CM who is also the Housing Minister in Haryana..
9. if all Areas other than residential towers are areas owned by Developer than why am I charged EDC on Super Area.. Cost of Apartment on SUper Area.. when computed the Super Area is always approx 30% to 40% more than FAR of the project.. Therefore even after paying for 30% or 40% additional area the SC and the Govt of Haryana deems fit that Builder has not charged from home buyers for the area that belongs to him.. what is wrong.. whose interest in being protected by causing injury on crores of Home buyers...
10. Will we have a congenial environment in our GH.. will the fights against builders not increase.. this new society registration Act will help builder get voting rights as he has now been allowed share in the property.. Similarly, now that club has been handed to the Builder.. will he not charge as per whim & fancy.. will he not allow outsiders entry to your club.. since now its a commercial facility.. would it not be treated as one.. what right would the property holder to stop mis-use of such areas..
11......... NOW what DO you Have to say.. should we not be bothered.. is it not in our interest to put up a united fight.... if we remain silent even now... tomorrow they will find a way to usurp other common areas also... I have decided I am going to challenge this judgement.. if we are together we can win..

Umesh Prabhakar
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Re: Supreme Court Judgment ill Effects on home buyers

Postby Harmeet77 » Tue Dec 17, 2013 11:23 am


I agree with Umesh, this is a big setback to RWAs. Infact we have upcoming lok sabha elections, if there is a push it is likely incumbent government may concede to pressure and do something just like they did for lokpal bill. I think this would be the right time to have get this corrected.

- Harmeet Singh
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Re: Supreme Court Judgment ill Effects on home buyers

Postby » Wed Dec 18, 2013 10:06 am


Let all of us come forward and contribute in maxim capacity.

As all of us know that we are fighting for the Possession of our dream home and imagine the PLIGHT of our abode once we occupy the FOUR WALLS of our dream Home.
We will have to pay A RECURRING amount duly demanded by Colonizers for ETERNAL PERIOD for everything we use within the WALLED area of the colony/ lOCALITY.

Think twice and revert.


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