The increasing trend of litigation
The relationship between the
buyer and the builder was always governed by the agreement between them. In
that, the past experience of the experts says that the builder always had an
upper hand. The builder was said to have an upper hand in all the spheres right
from the bookings of the properties, handing over possessions, and in all other
chores. The experts say that the builders have a clause in the agreement that
states the owners of the apartments have inspected every detail and the
apartment or the house is delivered as per the agreed specifications. This
clause naturally leaves the buyers very little scope for challenging or complaining against developer on any
discrepancies in the court of law.
The unfairness of Developers towards Buyers |
Statistics says that the
court cases and the disputes relating to real estate and that too relating possession
related issues have risen in the consumer courts. The trend watchers say that
it’s not only a fact that it is happening due to increasing consumer awareness but
simultaneously the cases of cheating by developers, defaults and delays are on
the rise as well. The statistics say than since
January 2016 about 2,041 cases have been launched for the disputes arising from
housing related issues with NCDRC. This is of course close to the number of the
complaints that was lodged in 2015. The statistics further point out that there
were 2, 495 house related cases in last year and in 2014 about 1, 063 cases
were lodged. This is also a fact that in 2013 a meagre 104 cases were lodged as
per the government data. The government data points out that insurance
grievance topped the list of complaints till last year and from recent times housing
related issues have increased exponentially putting insurance related cases at the
back seat.
The problem areas:
Recent survey data from
Liases Foras pointed out that the issues and disputes between the buyer and the
developer can get even worse if one looks at the increasing number of unsold
units. The data says that unsold stock increased by 22 percent in the eight
major cities of India in comparison to last year. According to the research
data the increase in the unsold stock outnumbered that of sales. The inventory
across the major cities of the nation stands at an alarming 42 months of
average stock. This made the stock rise by 13 percent in one single year. The yardstick
is that an efficient market maintains an inventory level of eight to twelve
months.
The trend watchers opine that
the developers have been struggling with the rising inventory since the recession
struck in 2008. In this, the delay in completion of the projects is one of the most
common grievances that the buyers have. When enquired, the developers normally
put the blame on issues like delay in the approvals from the state and the
central governments, agencies and the ministries. The other cases as per the
data are the poor quality of constructions, deviation from plans, etc. The
trend watchers say that in the past there were instances where the developers
and the builders intentionally took to slower pace of construction if the larger
parts of the projects were not sold or the sales were slow. They may have taken
the capital generated from one project to another project in the pre-launch
state or otherwise.
The outlook with RERA
in force
The experts are of the opinion that once the real estate regulation Act came into being things will change diametrically. Once the RERA is
implemented the developers who will be able to play the rules will be able to
survive. The Act provides such clauses that once the law is in force the developers
will have to register their projects even if it is under construction and they
must disclose accurate information about the projects. To prevent the
developers siphon funds the law also mandates that 70 percent of the buyer’s
money has to be deposited in the escrow account to secure the common buyers. The
experts and the veterans of the realty sector opine that the law maintains a
level wherein a balance is maintained between the motives and intentions of the
developer and the buyer.