U.P. Apartment Act- Your Rights and Responsibilities
When an act is passed in the interest of people, do they always get its benefit? One of the notable stories answering the question is that of the U.P. Apartment Act, 2010. The act was passed during the BSP Government and was meant to protect the property buyers from the malpractices of the builders. But the developers, joining hands with the authority, are not complying with the rules notified by the act.
One of the major case was that of Supertech Limited for violating the rules related to the floor area ratio. Floor Area Ratio (FAR) is the ratio of a building’s total floor area to the total area to the plot on which it is erected. It is fixed beforehand by the competent authorities. Higher will be the floor area, higher will be the density of residents. Supertech was initially permitted to build 24 floors in its Emerald Court project, but later on, in the greed of maximizing the ...view middle of the document...
And above all these, the agreement also took back all the objection rights of the buyers. The builder made it impossible for the buyers to exit the agreement and crippled them by making use of its dominant position.
The Supertech Limited fraud was put up in Allahabad High Court and the court ordered for demolishing the 40 storeyed Emerald Court Tower. The DLF Ltd. case was handled by the Competition Commission of India (CCI) which ordered for making certain modification in the builder-buyer agreement.
Such cases of fraud with the property buyers and breach of laws come popping up in our country every now and then. And in this trap, the burden of loss is heaviest on the buyers’ shoulders. Laws have been made but what requires more concern is the strict implementation of these rules and regulation. So it is your responsibility to know your rights and responsibilities.
The act requires the builders to disclose all relevant information to the property buyers. It mandates them to disclose the original map showing property layout plan as approved by the authority. The builder has to cite a likely date for the delivery of the project and also the procedure and penalty in case of delay. Other information that has to be disclosed by the builder to the buyer include land titles, type of fixtures and appliances used in the building, ownership details and remedies in case of flaws.
The U.P. Apartment Act puts pressure on the buyers too. It requires the buyers to pay the installments on time and imposes penalties in case of its non-payment. The buyers are also required to form an owners’ association to monitor the regular activities related to the project. The builder will have to take the consent of all members of the association before modifying the layout or making other alterations.
Buyers stand to lose a lot when it comes to such breaches. So it is entirely into your hands whether you are going to make yourself a target for such frauds or you are going to stand for your rights. Know the rules and regulations and be an intelligent customer.
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