The Allahabad High Court has asked the Uttar Pradesh government to resolve the grievances of homebuyers and their associations within three months of receiving their complaints.
A bench of justices Pankaj Naqvi and Piyush Agrawal gave this direction to the “competent authorities”, designated under the UP Apartment Act, 2010 and UP Industrial Area Development Act, 1976.
The two laws provide for the resolution of homebuyers’ grievances against the builders and developers over their acts of breach of contracts with buyers or the civic authorities over their failure to provide various civic amenities by competent authorities and designate additional district magistrates in each district to resolve the issue.
The bench gave its ruling on a plea by Ghaziabad’s Shipra Srishti Apartment, accusing its developer-cum-promoter of violating various terms of agreement with homebuyers and resorting to various irregularities in the project.
In its ruling, the bench also asked the competent statutory authorities to resolve the homebuyers grievances through a detailed speaking order, while sticking to all norms of natural justice and after hearing opposite parties in the matter.
The bench also asked the competent authorities under the law to ensure that a gazetted officer visits various apartments and buildings at least once every six months to hear the residents and resolve their grievances, if any.
“Any reported violation shall be immediately brought to the notice of the Authority concerned which shall immediately take remedial steps”, the bench ruled.
“We take judicial notice that of late, a large number of cases are coming to this court on behalf of homebuyers who after having spent their hard-earned life savings, buy an apartment only to face hostile and arbitrary actions from the promoters/builders and development authorities, who instead of resolving such disputes, become mute spectators,” said the bench.
Explaining the need and rationale of its general order, the bench said, “It has been issued to save an individual homebuyer or a registered association, as the case may be, from approaching this court time and again.”
“The benefit of this order shall also be extended to the competent authority envisaged under UP Industrial Area Development Act, 1976 and other cognate enactments,” the bench said.
The court had delivered the verdict on January 5.