Hi Sumana - Firstly, welcome to PRAJA.

You are not alone in the kind of problems faced by you. A reading of this blog may help you understand a few basics.

Now, if you complex has not been subjected to the provisions of the KAOA, and the developer is not co-operating, the only recourse for you is legal (approach collectively, of course).

Unfortunately, very few flat buyers are aware that developers are required as per law to submit housing complexes to KAOA. And, neither has the government bothered to inform the public accordingly, nor has CREDAI (Confederation of Real Estate Developers’ Association of India). CREDAI, on top of it all, has gone and de-linked its own note on "code of conduct" from its website, in effect telling its members it's a free for all (check this).

All these are sought to be addressed in the Real Estate Regulation bill that's in the offing (check here)

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Thanks Mr. Murali.

Well, the typical problem here is, the builder is claiming that the amenities are not promised to all clients. I do not know how that is possible. But definitely it may be possible that different owners have bought in different time frame (may be in recession) in different price. That is why the expectation level is not same or may be the mindset. It is not easy to move collectively. We are looking for registration in KAOA act only, knowing the importance. But as an individual customer I should get what is promised and paid for.

We have received details specification for Club House and Commercial from the builder. They promised to fast track the development. Through one of the meeting with the Group Chairman of the builder we received written assurance about completion time. These steps were very assuring in nature. But still there is no sign of meeting those time lines.

Not sure about the intension of the builder behind this. What should be the possible reason? But right now I am not getting any response from them. Somehow I did not have expected this from a reputed builder. Is this usual you think?

Sumana.

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Well, the typical problem here is, the builder is claiming that the amenities are not promised to all clients. I do not know how that is possible.

There are quite a few complexes where the club house, etc, have been separated out from the main complex, and to which memberships are offered to outsiders (non-residents) too. As long as this was clearly spelt out in their sales brochure, sale deed, etc, and the utility connections to these are not piggy-backing onto the main complex, you can't quite fault the developer.

It is not easy to move collectively.

Unless you can achieve that, it's going to be a difficult job.

We are looking for registration in KAOA act only, knowing the importance.

It's the builder's responsibility. You need to rally the rest of the community and pursue it collectively.

Somehow I did not have expected this from a reputed builder. Is this usual you think?

I expect the builder is a member of the 'honourable' CREDAI. CREDAI membership today should be seen as a "warning" by prospective buyers. Try threatening the builder with naming and shaming him on Social Media. If he is generally seen as a reputed builder, the dis-repute that it can cause, will bother him. Whatever, for all of these, the paramount need is collective strength.

PS: Incidentally, I had a talk with the newly appointed Secretary, UDD, today, in connection with the matter of updating of the KAOA. He said he will meet us immediately after Diwali. Hope to make some progress there.

 

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Hello Sumana,

I live in a residential complex at the fringe of the city. This builder who sold me my apartment claims to be the "Largest" builder in Sarjapur with 33 projects and growing a new project every month. 

Now, your story sounds very familiar. This builder has taken an about turn and left it incomplete. You may want to read my blog that I posted in Citizen Matters, http://bangalore.citizenmatters.in/blogs/eye-shot/blog_posts/confident-group-bangalore-antlia-scam-irregularities.

In our area, getting people to come forward and protest on unethical practices is a herculean task. 

CREDAI affiliation, as Mr. Murali says, should be thought of as a warning and buyers must run miles away from members of that organzation. 

Best,

Moumita Bhattacharya

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Club house work is stopped for nearly couple of months. Commercial has not started. 

As per the sale agreement 1Lac is taken towards the builder's Hospitality group to build these facilities inside our campus from every owner (I think). Total enclave has around 350 owners and almost all properties are sold out and Occupancy has started four years back. As the money is taken towards then obligation to provide the facilities are also their and waiting for he same for unlimited time is same as non-compliance. 

About a year back, Builder's MD had sent a mail to all owners, saying, club house construction will be made first track but progress is very slow and interrupted. Not sure about the reason. 

Another commitment from them, providing Occupancy Certificate of our building is also pending.

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