Hawelia Group has been coercing the home buyers of project Valenova Park to sign the dotted lines of the one-sided documents or else denying possession. FAR/Lay Out changes that legally need the prior consent of two-third of the home buyers is being forced to sign at the time of possession where the builder has already made all the changes at his will.
Hawelia Group, a relatively non-descript builder in Greater Noida West (Noida Extension) with only a couple of projects is a case study in how the small time builders are destroying the real estate buyer sentiment in this part of the world. At a time when the industry buzz word is customer centricity, the builder is coercing and threatening the home buyers to accept all the illegal demands or face harassment.
The buyers of Hawelia Valenova park are being forced to sign the one-sided documents that are violating all legally prescribed norms and business practices. Any refusal on part of the home buyers leads to denial of apartment possession. Furthermore, voices of dissent and protest are being silenced with brutal threats.
It is not only preposterous but also illegal that the buyers are being forced to sign an unconditional undertaking that they are satisfied with all the financial payments (even when being forced to shell out more) and the apartment condition. What is even more appalling is the fact that the builder is coercing the buyers to sign consent for FAR/Lay Out changes without a dateline, much after the builder has already made those changes at will. The law mandates the builder to take prior consent of two-third of the buyers before making any such changes. Track2Realty is in possession of the document.
The said project, Hawelia Valenova Park, that was launched in 2013 at Tech Zone IV of Noida Extension is yet to be worth habitation, even after seven years. The builder, on his part, claims otherwise, even though the GNIDA (Greater Noida Industrial Development Authority) has only given it a conditional TOC (Temporary Occupancy Certificate).
It is imperative to mention here that the said project is not any large format township but only less than 4 acres of land and 540 odd apartments. It was supposed to be delivered by the end of 2016, with a grace period of another 6 months. But the project is in shambles today and the builder is arrogant enough to define law at his convenience to say that his cut-off date of delivery would be assumed to be the day project applied for the OC in May 2017. It is a different matter that the GNIDA did only grant it a conditional TOC in Oct 2019, and the work, including the amenities and even the parking, is yet to be completed.
Hawelia Valenova Park Faultline
Unprecedented delay; less than 4 acres plot not completed even after 7 years
Only 20 0dd flats delivered without any basic amenities
Threatening buyers by all possible means when questioned the wrong doings
Denial of delay penalty as per the RERA guidelines
Deducting deposit of buyers when asked for exit because of delay
False claims & affidavits before RERA
Threatening buyers to deny possession and drag endlessly in courts
Forcing the buyers to sign undated consent for FAR/Lay Out changes or deny possession
Forcing buyers to sign financial & apartment level satisfaction or deny possession
There are many safety issues left unattended and it is a life threatening project for the 20 odd families having shifted over there. The lifts are often stuck for hours and in the absence of the liftman/electrician during night the residents have to manage on their own.
Any objection leads to threatening on part of the maintenance team of the builder, even after the builder is greedy enough to pocket 24 months of advance payment. Terms of possession for the buyers is to pay over and above the maintenance charges an additional 12 month of advance mandatory payment of the club that stands only as RCC frame skeleton.
“When the builder threatens you to either sign on the dotted lines of end number of consent or else forget about the possession, what are the options left for a home buyer who doesn’t wish to drag his possession into years of lengthy litigation. It has been a truly coercive approach on part of the builder. He has made all the FAR/Lay Out changes at his will and is now coercing the buyers with high handedness,” says Gautam Nautiyal, a home buyer.
My dreams have shattered after having invested with Hawelia Valenova Park. I am not an investor but an end user who was lured by the builder’s dream. But the project is nowhere near what was promised to me. Worse even, since the builder could not get the OC after seven years of project launch, it is tough to even exit the project with TOC. There are no amenities and I am supposed to pay a hefty amount for maintenance of these hidden amenities,” says Jayanta RC, a home buyer.
Despite of project delay and the misleading communication at each and every level, the builder has been arrogant to penalize me for negative project review. My possession was delayed and I was repeatedly asked to withdraw my review of the project. Instead of giving us the due delay penalty, I was rather forced to shell out more money under various heads. After weathering all this, today I really feel scared for the safety & security of my children here,” says Jinesh Gautam.
When some of the buyers reached the RERA (Real Estate Regulatory Authority) the builder tried best to mislead even the RERA with false representation of facts. In what could be termed as abuse of due process of law, Hawelia even blamed the buyers for harassment.
The RERA judgment nevertheless was in favour of the suffering buyers. That infuriated the builder to the extent that the buyer harassment reached to an altogether new level. Threatening the buyers to drag them in litigations endlessly and deny the possession is builder’s shameless display of high handedness.
Track2Realty has a few questions for Hawelia and we invite the builder for a video interview to explain:
Q. When the Builder Buyer Agreement defines project timelines as Dec 2016 why is the project not yet ready?
Q. Why didn’t Hawelia take prior consent of the buyers for FAR/Lay Out Changes?
Q. Why coercing the buyers to sign dotted lines for FAR/Lay Out changes and satisfaction with the apartment?
Q. Which law defines that delay penalty to the buyers won’t be applicable after applying for the OC?
Q. If the project had been ready while applying for the OC, why did it only get the TOC after one and half years of its application?
Q. Why is the builder reluctant to share with buyers all the documents and correspondence with the GNIDA?
Q. Why were basic services like intercom, broadband, gas pipeline etc not ready before handover?
Track2Realty is an independent media group managed by a consortium of journalists. Starting as the first e-newspaper in the Indian real estate sector in 2011, the group has today evolved as a think-tank on the sector with specialized research reports and rating & ranking. We are editorially independent and free from commercial bias and/or influenced by investors or shareholders. Our editorial team has no clash of interest in practicing high quality journalism that is free, frank & fearless.
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