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The real story of Guwahati Real Estate
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Two Engineers from ONGC working in Mumbai Offshore installations and following a typical 14 days on-off pattern of duty booked two flats in a proposed under construction apartment namely Nainakala Apartment in Chachal, VIP Road, Six-mile area in Guwahati. That was in the year 2007, the deed of agreements for sale of flats were registered between the builder M/S T & A Associates and the two buyers on payment of initial booking amount after scrutinising all the documents concerned including non-encumbrance certificate for the plot of land and the construction permission from GMC. Accordingly both the buyers applied for loan to finance the purchase and the sanctioned first instalment was paid to the builder.
Even after few months of the booking made, the buyers could not see any commencement of construction activities in the proposed site. No adverse developments were also reported by the builder on enquiry. But, stunning reality surfaced when the two buyers saw sudden commencement of construction activities in the site by some other builder with a different project altogether naming Aditi Enclave. On enquiry, the two buyers could learn from the builder that the builder of Aditi Enclave attained power of attorney from someone else who claimed to be the owner of the land and accordingly attained building permission from GMDA. Now, there are two landowners of the same plot of land giving power of attorney and doing building construction agreement with two different builders. As soon as the construction of Aditi Enclave started, the first landowner filed a case against the second landowner which went up to Guwahati High Court. Now, it’s a civil case which should not require much time to dispose off because the ownership of land is the basic record that any responsible public administration should posses and based on that any dispute over land can be resolved. But, on the contrary the total inefficiency and lack of accountability of typical public administration led to the land recording system to such an extent that now the administration has nothing to deliver. Otherwise, how it should be difficult to resolve a land dispute? Can there be two owners of the same land? No judiciary can resolve a land dispute with this kind of improper land recording system. Therefore this kind of cases remains unresolved for years together. Even mischievous elements start dictating this kind of simple civil proceedings. The greater question is how two builders can attain permissions for two different projects at the same plot of land.
Now, the construction firms are business establishments and “time is money” is a common business mantra for any business establishment. Who can wait till the land dispute gets resolved? The feasibility of any project is totally time dependent. Therefore, it was actually at the interest of the builders to have a negotiation out of the court as no one can wait for such a long time in the absence of proper administrative support. At the same time it must be at the interest of the false land owner also. In reality, out of the two there must be only one who actually owns the land.
There was a settlement out of the court and accordingly the case was withdrawn from Guwahati High Court. The first builder namely “T & A Associates” was kept out of this negotiated settlement without any share although he made sufficient investment in terms of initial land development. Therefore this builder again approached the court filing a case against the first landowner for violation of power of attorney.
Enough is enough. The two buyers, the worst sufferer finally decided to cancel the deed of agreement for sale of flat with the first builder. Accordingly, the complete refunds of the paid amount along with interest and penalty for liquidity damage have to be paid by the builder.
After blocking the money for almost three years now the buyers will have to pay the property appreciation for purchasing similar flat in Guwahati. Definitely, some mischievous elements are always dictating our society like this at the cost of these kind of genuine buyers.
Their dreams to live in Nainakala Apartments/Sixmile remain unfulfilled. In that place, the construction of Aditi Enclave is in full-swing with lots of publicity and advertisement for booking in the newspaper and website. Now the two buyers have to pay nearly Rs 10,00,000 /- extra to fulfil their dreams.
For more details, visit http://www.consumercourt.in/residential/20716-real-story-guwahati-real-estate.html
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