High Court refuses to vacate stay order for Central Park 2

In a hearing held on 10 December 2012, the Punjab & Haryana High Court  at Chandigarh refused to vacate the stay it had imposed on revised plan for the colony from being approved. The refusal came after several requests from the opposition lawyers seeking a vacation on the stay. The Hon’ble high court opined that until the issues at hand were resolved, the stay order would remain imposed. They also hinted that they might give directions that once the layout plans are approved by a developer and apartments are booked, no changes can be permitted in the layout plans.

The next hearing is set toward the end of January 2013. The key facts for the case are listed in the previous update here.

High Court Issues stay order for Central Park 2

Central Park 2 Residents Welfare Association had filed a Writ Petition in the Chandigarh High Court against HUDA (Haryana Urban Development Authority) questioning various facts about the Central Park 2 project. This was post the various meetings and discussions held with the Senior Town Planner Gurgaon and the developer M/s Shweta Estate Pvt Ltd which did not result into any resolution. The key issues included non construction of Community Center & Nursery, conversion of Stilt Parking into apartments, division of colony by walls etc. In reply to the Writ Petition, HUDA had stated in court that the developer had submitted a revised building plan of the CP2 project for approval and the same was under consideration.

CP2RWA contested that a colony which was already approved in year 2006, the building plans should not be considered for revision. The Hon’ble high court has granted an interim stay stating in the order that

In the meantime, it is ordered that prayer of the developer for revising of the plan shall not be finalised

The next date of hearing is in December 2012.

For those who are not aware, the key facts of the case are:

a.  The builder constructed Multi-purpose halls on rooftops of Tower 3 & 4. The area of the halls were added to the Super Area calculation of the apartment, therefore the cost of these halls was borne by residents. The halls were also mentioned in the conveyance deed (registry) of the apartment owners as common areas.  Subsequently, instead of halls being made available to the RWA, attempt is being made to convert the halls into apartments (or add halls to penthouses) and sell them off. CP2RWA had requested HUDA to prevent this but no action was taken, forcing CP2RWA to file a Writ Petition.

b. All towers of CP2 had stilt parking in the plans that were approved in the year 2006. However, when possession was offered from end 2010 onwards, it was found that Stilt parking had been removed and 2 apartments made on the ground floor. Due to this, there are no visitors parking slots at the ground level in Central Park 2, causing great inconvenience to everyone.

c. Occupation certificate was issued despite mandatory facilities such as community center, nursery school, EWS quarters not being constructed.

d. Owners of over 400 apartments paid Rs. 1 Lakh towards Club Membership charges as per the apartment buyer agreement. However, the builder hasn’t constructed the club yet. In addition, builder has changed the heading from ‘Club Membership charges’ to ‘Club Infrastructure and Development charges’. This change has allowed the builder to retain the over Rs. 4 crores collected for a clubhouse that hasn’t been constructed instead of passing over the funds to the RWA as club membership funds.

There are many such issues highlighted in the Writ Petition wherein HUDA has failed to take decisive action to the satisfaction of CP2 residents.  Members of Central Park 2 RWA are now hopeful that the matters will be resolved speedily at the court.

Update on Cases filed by Central Park 2 RWA.

Submit your complaints online

Dear Residents and Owners:

In Towers 1 to 9 in Central Park 2,  you must be noticing many incomplete construction tasks and facing problems in maintenance.

CP2RWA needs your support to record all the issues and to resolve them.

Kindly submit this form with one issue in each submission. If you have multiple issues, please submit the form multiple times.

Highlighting all the known issues to you would be helpful, specially issues related to the tower you are residing in. We request you to submit your complains before 7th June 2012.

Please click here to submit your issue now.

Case filed against Central Park II

The National Consumer Disputes Redressal Commission (NCDRC) has admitted a case filed by Central Park 2 Residents Welfare Association claiming compensation to the tune of Rs. 18.9 Crores for various issues. It is likely this amount will significantly increase as more residents join the case against the builder.

M/s Sweta Estate Pvt. Ltd had announced the residential project – Central Park 2 on Sohna Road, Gurgaon in Oct 2004. While the promised delivery time of apartments was 36 months, the apartments were offered for possession during Oct 2010 to August 2011 for only 9 out of the 26 towers. Apartment owners were shocked to find that the quality of construction was extremely poor with many defects. The builder had not provided infrastructure facilities like Clubhouse, Nursery School & Crèche and Multi Purpose Halls etc. for which owners had paid. Owners were not even given compensation for the entire period of delay. In addition the builder offered possession only when the owners paid hefty escalation charges amounting to over Rs. 6 lakhs per apartment for increase in raw material cost due to delay in construction by the Builder!

Under the provisions of the Consumer Protection Act 1986, a group of consumers can come together to form a body and file a joint case. A well known Senior Counsel represented the Association and the matter was admitted in the National Consumer Disputes Redressal Commission. Many claims as given below are commonly faced by apartment owners and Residents Welfare Associations –

1. Interest on delay in possession of apartment and other promised infrastructure
2. Refund for excess Super Area charged
3. Refund for excess Escalation Charges
4. Refund for sale of Common Area
5. Compensation for defects in construction

Residents of Central Park 2  hope to get some justice now.