SAVE HOME BUYERS FROM INORDINATE PROJECT DELAY
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We, around 200 middle class homebuyers, bought flats from VGN builders Pvt. Ltd in Avadi, Chennai. VGN has delayed our project for almost 2 years now.
When we enquired about the reason behind the project delay, we came to know that project is getting delayed by ongoing NGT case against the builder who constructed our flats without obtaining prior environmental clearance as per EIA Notification 2006.
Builder paid penalty imposed by NGT for the same and requested NGT to give post facto environmental clearance. But, NGT has not given green light for the clearance so far. Citing on going NGT case as the reason, builder has been delaying the project indefinitely without any further commitment on date of completion and handover.
As per EIA Notification, Environmental violation cases normally should be heard and disposed off within 6 months. But, NGT has been dragging the case for almost 2 years without any progress.
It's the legal obligation of builder to get proper legal approval or clearance when commencing construction of the residential project.
It's the duty of government to prevent builders from starting any project without environmental clearance.
But, government gave building plan permission and allowed the builder to construct the project without environmental clearance.
In the past, moEF also gave post facto environmental clearance for projects started without prior environmental clearance. That's why, most of the builders used to construct their buildings without getting prior environmental clearance in the hope of getting post facto environmental clearance later.
NGT says that no construction should be started without prior environmental clearance as per EIA Notification 2006, Then, why did Government allow CMDA to give building permission without the same? Why did not moEF or NGT do the needful to prevent builder from starting the project without prior environmental clearance in the first place?
Why have been Hundreds of builders all over India allowed to start construction without prior environmental clearance? Why only take action after construction and sales of such projects making homebuyers suffer?
If EIA Notification 2006 prohibits starting construction without prior environmental clearance, why have both Government or RBI allowed banks to approve and give home loans to such projects without the same?
So, apart from the mistake of builders, it's also the mistakes of moEF, SEIAA, banks and Government which allowed builders to construct and sell such projects without prior environmental clearance.
If no builder should start construction without prior environmental clearance as per law, builders should have been stopped before starting their projects in the first place. This is the only way to prevent builders from constructing buildings without prior environmental clearance.
But, allowing builder to construct and sell their projects without prior environmental clearance and intervening to stop at later stage after construction and sales of the flats to stop or delay possession or handover for years only affects families of hundreds of innocent middle class home buyers like us who purchased flats in the project with our hard earned money without proper general knowledge about so called environmental clearance.
Hundreds of homebuyers used our hard earned money, lifelong savings and home loans to buy flats in the project. For lot of us, it's the first dream home / flat we ever bought in our life. Now, we are forced to pay EMI without any hope for possession sacrificing our happiness. Government, banks and builders...all are responsible for this mess.
Now, innocent home buyers like us are left with facing the brunt of the problem for no mistake of ours.
Now, We, hundreds of innocent middle class home buyers are badly suffering paying both our house rent and Pre EMI / EMI without any hope on completion and possession of our flats. Banks which recklessly approved and passed home loans without verifying such mandatory environmental clearance simply don't care about our hardship and sufferings.
We are going through financial, emotional turmoil and mental agony due to project delay caused by NGT case. We are struggling to pay both rent and EMI at the same time. We have no idea when NGT case will end and post facto environmental clearance will be given to our project.
We, innocent homebuyers, clearly don't know when our flats will be completed and handed over.
Hundreds of ongoing projects are facing environmental violation cases before NGT. All those projects can not give any commitment on project completion unless NGT gives them environmental clearance. So, such projects can not be brought under RERA which has failed to protect interests of thousands of homebuyers who are deeply and badly affected by years of inordinate project delay caused by NGT cases. RERA has no solution or answer to this problem.
You all know that our judiciary will take years to decide on even a very simple case. How can struggling aggrieved middle class homebuyers suffering paying both EMI and rent at the same time can wait that long until the result of NGT case comes??? If NGT or government have intervened and instructed CMDA not to issue building permission plan before starting construction itself, That would have saved us. But, Interfering only after sales and construction affects innocent homebuyers only.
Punish the builder for starting the project without prior environmental clearance. But, don't make Pre- EMI paying hundreds of innocent poor home buyers suffer by delaying post facto environmental clearance.
Taking plight of hundreds of poor middle class people into account, NGT and moEF must give post facto environmental clearance immediately without further delay. Because, it is inhumane to make homebuyers suffer for the mistakes of builder and government which allowed builder to construct building without prior environmental clearance in the first place.
So, NGT must give clearance to our project as one time opportunity to builder to protect home buyers paying home loans.
Please, prevent such builders from starting new projects without prior environment clearance to avoid such problems in future to save innocent home buyers like us.
Why is it taking years for NGT to deliver judgement on environmental violation cases? It seriously affects thousands of homebuyers who have been waiting for completion of their flats paying interest on home loan for years.
Builders justify the project delay citing NGT case as the reason. So, Government should put a mechanism in place to fastrack disposal of environmental violation cases of residential projects immediately to solve this problem.
NGT simply must not take years to decide on environmental cases against on going residential projects. Because, home buyers are dying to pay EMI for such projects. Only when NGT gives clearance to such projects, builders can complete and hand over the flats. Then, only homebuyers and their families can sleep in peace.
Protecting environment is good. But, stopping a residential project for years for the sake of environmental clearance is destroying homebuyers financially and emotionally.
In future, Building permission must not be given to projects which don't have environmental clearance in the first place to avoid these problems.
In future, RBI also should not allow banks and financial institutions to approve home loans for projects which lack prior Environmental clearance to save home buyers.
NGT has been hearing cases against the builders for years without speedy judgement. It is time NGT must think about the plight of thousands of homebuyers who have been suffering inordinate project delay and give speedy clearance in such cases.
Builder constructed without environmental clearance, government allowed construction and sales without the same. banks also ignored such clearance and gave home loans. All are culprits in this problem somehow. But, at the end of the day, it is only homebuyers who suffer for everything.
will builders, government and banks share the burden of our EMI until NGT case related to post facto environmental clearance gets over and possession is given???
Why should not Government give some relief to suffering homebuyers by stopping EMI at least until NGT clears our project?
it's because of faults of builder, moEF, banks and government, we, the hundreds of innocent middle class homebuyers are facing huge financial loss and mental agony today.
We request honb'le Prime Minister, hon'ble NGT and hon'ble Supreme Court to take note of this very serious problem and help suffering homebuyers immediately against further project delay.
NGT collected penalty on builder. But, it's homebuyers who are suffering paying EMI meaninglessly for the period of inordinate project delay caused by NGT case.
Can NGT order builders to pay EMI for homebuyers until their projects are given post facto environmental clearance???
Why should we hundreds of innocent homebuyers suffer for no mistake of ours? Why should we suffer for the delay caused by prolonged endless NGT cases and hearings???
Why is NGT taking years to give post facto environmental clearance for residential projects? Why can not NGT give the same within months to help suffering homebuyers?
If NGT takes years to hear cases and give post facto EC to residential projects, homebuyers will go bankrupt paying EMI on their home loans.
NGT should take this issue seriously and fast track disposal of environmental violation cases against residential projects without further delay to save thousands of homebuyers who are paying EMI.
Otherwise, NGT should order builders to pay EMI until the NGT cases gets resolved. Banks who passed home loans recklessly without checking environmental clearance of the project should also give some relief to homebuyers by reducing interest rate or temporarily stopping EMI.
Government must give speedy clearance to pave way for project handover or stop EMI until NGT gives post facto environmental clearance.
Government should intervene to speed up post facto environmental clearance to on going residential projects halted by NGT. Because, home buyers paying home loan can not wait for years for the judgement of NGT and post facto environmental clearance.
We, hundreds of homebuyers, bought our flats at the start of 2014 in VGN Amity project. VGN builders must have given possession on February 2016. Builder has failed to complete the project. Because, builder has been waiting for post facto environmental clearance for almost 2 years now. If it takes more than 2 years to get just an environmental clearance for a residential building, what kind of grievances redressal system is this?
NGT has been hearing the environment violation case (original application No.311/2016) against the builder for years. But, We all are almost dying to pay EMI and house rent at the same time without any guarantee on possession of the flats.
We, hundreds of innocent middle class homebuyers, request NGT, moEF, Government and Supreme Court to do the needful to dispose off NGT case (original application No.311/2016) and give post facto environmental clearance without further delay to help hundreds of innocent homebuyers going through financial and emotional turmoil.
Aggrieved home buyers of VGN Amity, Chennai
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