Despite HC Order, No Compensation From Ghaziabad Builder for Delayed Delivery

Harish Singh had booked a flat with Shyam Buildwell in 2012 at Ghaziabad's Rajnagar extension.

(Image altered by The Quint/Deeksha Malhotra)

Video Producer: Maaz Hasan
Video Editor: Prashant Chauhan

For any middle-class family, having a house of their own is their biggest dream. We also had a similar dream for which we booked a flat in Shyam Buildwell's Banke Bihari Sharnam project at Ghaziabad's Raj Nagar Extension in 2012.

The builder had promised to deliver the flat in 39 months but like for lakhs of homebuyers in the National Capital Region, they did not fulfill the commitment, and the delivery of the flat got delayed.

"They executed the letter of possession without OC (Occupancy Certificate). On our survey, we found many things were yet to be completed in the flat. Later, we even agreed to take possession without OC but we asked to settle the penalty for the delay of 2-3 years. After harassing, denying, several arguments, and meetings, they didn't pay."

Seven years later, in 2019, we approached Uttar Pradesh Real Estate Regulatory Authority (RERA) with our grievances.

"On 5 December 2019, RERA passed an order saying that the builder needs to pay us the required money at the MCLR +1 (marginal cost of funds-based lending rate) within 45 days which the builder didn't pay."

Copy of RERA order.

The UP RERA asked Shyam Buildwell to pay Rs 40 lakh and till now they have released only Rs 14.5 lakh. Against the delay, we even went to the Allahabad High Court and the honourable court too ordered in our favour.

Copy of Allahabad High Court order.

On 23 November 2021, the Allahabad High Court in its order directed the District Magistrate of Ghaziabad to expedite the recovery process and help us get the money within one month.

It has been two months, and there has been no request from his (DM) side. We are in the hope that the order by the honourable high court will be executed and the DM will help us recover the money.

(The Quint spoke to the project head of Shyam Buildwell's Banke Bihari Sharanam Project, Mr Shantanu, for a response. He said,"We will try to make make half of the payment to Mr Harish Singh by the end of this month and then put the flat on sale. Once sold, we will pay the total amount.")

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