Video Editor: Deepthi Ramdas
We are a group of homebuyers who had purchased flats by VP Spaces builders in Bhiwadi in 2014.
Most of us paid 95 percent of the payment upfront and were supposed to get a 12 percent return on the amount until the builder gave us possession of the flat. However, at the time of signing the contract, ‘till possession’ became ‘till offer of possession’.
When we raised this point we were told that we need not worry as the offer of possession is made just before the actual possession.
Trouble began in October 2017, when our return was stopped. Soon after in January 2018, the offer of possession was rolled out with the demand for the pending amount.
In that payment, additional charges were added like the ‘sinking fund’ etc which
weren’t disclosed to us before we made all those payments in May 2018.
After making payments we inspected the site and were shocked to learn the flats were nowhere near completion. Delivery was promised in December 2018.
“We booked a flat in 2014 and in 2016, we almost paid 95% of the total payment. But right now, it seems that the builder has no intention to give us possession. You can see the condition of the flat. It is still in the middle of construction. We are in 2019 right now.”Vikas, Homeowner
When we raised this with the builder, we were given false assurance that the flat would be completed soon. Come November 2019, we don't have any clarity on the return we were supposed to get or on the delivery of the flat.
“I had booked my flat on the 7th floor. They have only built till the 6th floor for now. Given the speed at which the work is happening, it doesn’t look like we will be given possession for the next two years.”Shakti Rajpura
Upon some investigation at a personal level, we found that the builder hasn’t even got the required completion certificate from the authority. An RTI was raised with Bhiwadi Integrated Development Authority (BIDA) which provided us the information. A completion certificate is a minimum requirement for rolling out the offer of possession.
We were promised other facilities like society club, lawns, badminton courts, etc. But there is nothing near completion as of now. In fact, what has been constructed is falling apart. The flat is already damaged due to poor construction. The plaster was crumbling the last time I went there. Bhumit, a fellow homebuyer, feels the same.
“The false ceiling is already bending and it can fall anytime. The walls are completely hollow.”
A question that arises is how an offer of possession was rolled out in January 2018 without the completion certificate. Secondly, despite it being mentioned in the contract, the builder is not giving us a 12 percent assured return since October 2017, ie 2 years.
As per RERA Rajasthan, the buyer has the right to ask for a complete refund with interest in case the project is not delivered within the agreed time frame. Will the builder agree?
(VP Spaces was unavailable for comment. The story will be updated if there is a response.)
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