NOIDA:
Residents of Sunshine Helios in Noida Sector 78 are at loggerheads with the developer over handing over of maintenance to the apartment owners association (AOA)
Residents alleged they are suffering for years as the developer has not handed over maintenance, flouting the provisions of the Uttar Pradesh apartment act 2010 despite multiple orders in this regard. But the developer says he has not handed over the maintenance because a dispute among two groups of residents is pending in the Allahabad high court.
Residents have now decided to approach the Noida authority and the UP government for justice.
According to section 14(2) of the UP apartment act 2010 and section 17(2) of UP real estate regulatory authority, it is the joint responsibility of the promoter and apartment owners to form an association.
The promoter will get the association registered when a certain number of apartments necessary to form an association, or 33% of apartments, whichever is more by way of sale, transfer or possession, have been handed over to owners, provided the building has been completed along with infrastructure services and completion certificate obtained from local authority, the rule says.
The Noida authority’s group housing department had on November 12 ordered handing over maintenance as per rules to the elected AOA. But instead of obeying the orders, the developer filed an application with the state government’s office in Lucknow, residents said.
“The developer misled officials of the industrial department with submitting wrong facts in Lucknow to delay the hand over and continue harassing us. As the per UP apartment act 2010, maintenance should be handed over within a year after AOA gets elected. But the developer is flouting all norms to charge exorbitant fee and make profit,” said GS Sidhu president of AOA of Sunshine Helios in sector 78.
{{/usCountry}}“The developer misled officials of the industrial department with submitting wrong facts in Lucknow to delay the hand over and continue harassing us. As the per UP apartment act 2010, maintenance should be handed over within a year after AOA gets elected. But the developer is flouting all norms to charge exorbitant fee and make profit,” said GS Sidhu president of AOA of Sunshine Helios in sector 78.
{{/usCountry}}In response to a letter of the promoter of Sunshine Infrawell Private Limited on November 26, Anand Kumar Singh under secretary the UP government, asked the Noida authority to submit a report on this issue (of hand over of maintenance) in three days.
On Sunday, residents in a meeting decided to meet the authority officials and write to state government over the delay in handover of maintenance. “We will meet authority officials and write to the UP government in this matter because the developer does not want to us have basic amenities, that include electricity supply, drinking water and others,” Sidhu said.
According to the authority, the developer had obtained completion certificate in 2017 and started offering possession to apartment owners.
“However, it has only executed registry of only 120 flats out of total 406 flats. At least 1,500 people are living in this society and most of them without property title because the developer is yet to pay Rs30 crore financial dues to the authority without which registry cannot take place. The developer is harassing us in multiple ways,” said Ashish Panda, general secretary of AOA Sunshine Helios.
Before this, UPRERA had on June 12, 2019, asked the developer to hand over the maintenance to AOA. But the developer allegedly did not follow the order at that time too.
The Noida authority too said the developer is not obeying to orders.
“We had resolved the matter as per UP apartment act 2010 provisions, asking them to hand over maintenance to AOA. We will send a report on this to the state government as per directions,” said Rajesh Kumar, officer on special duty of the Noida authority.
The promoter said he cannot hand over the maintenance to AOA because the matter is sub-judice in the Allahabad high court.
“Two groups of apartment owners had last year filed a case in the Allahabad high court over maintenance. And the same matter is still on trial. We cannot hand over maintenance until the court gives a final verdict on the issue. We are happy to hand over as per court orders and as per law. But let the court decide the matter. We are providing all quality services to apartment owners,” said Harendra Yadav promoter of Sunshine Infrawell private limited.