Builders are coming up with many reasons to evade from the penalties of massive construction delays and project abandonment caused from their side(Due to Investing in other projects, Land, Personal investments etc). Before entering in to an agreement with any builder, please read the complete agreement carefully especially the "Force Majeur" section which will be introduced especially to evade from these construction abandonment's.
I am a victim of Galaxy Homes Pine Court 2 Project which is approaching a massive 3 Year delay. The project was supposed to be completed by May 2017 and handover by November 2017. But still the structural work for 4th floor is only completed for the 13 floor building. Construction has been abandoned from May 2017 after getting the full 30 installments. They have told the cause of the delay as "Financial Reason"-Payment defaults made by existing customers, Demonetization and GST.
Galaxy Disputes and exercise of Force Majeur Clause
I have been watching closely the legal disputes of Galaxy Homes with their customers. In one of the disputes for delay- Mr Girish vs Galaxy Homes(Link: http://www.legalapproach.in/case-details/jid/2940), Galaxy Homes has described the basic cause of the delay as the non-receipt of the “No Objection” certificate(NOC) from the Kerala State Pollution Control Board and Kerala Fire and Rescue Service Department.
Here my questions are:-
1) How can the builder present such a reason before the court? They should even start the BOOKING of the Flat only after obtaining these mandatory NOC's. These cannot be seen as Unforeseen Reasons as they are already part of Kerala Building Construction Rules & procedures.
2) If the project is causing pollution or there are no measures taken for fire and safety, then Kerala State Pollution Control Board/Kerala Fire and Rescue Service Department should actually BAN Galaxy Builders from upcoming projects, thereby not allowing them to cheat more customers like me. Here the builder is using this reason to escape from the construction delay caused from his side:)
3) If the delay is caused by the employee of Kerala State Pollution Control Board/Kerala Fire & Rescue Service Department for providing the NOC, then Galaxy should lodge a complaint to the Chief Minister of Kerala since there is a FIXED TIME LIMIT(30 Days for Fire & Safety NOC after the actual inspection) for obtaining each and every government documents. Since the details of the delay are not informed to the customer, he also wont be also able to make complaint:) In Galaxy's case, I guess the construction itself might not have happened for FIRE & SAFETY authority to carryout the inspection:)
4) If the delay is already known, say for example if it takes 2-3 years to get an NOC for a flat, then why the builder is not including it in the agreements:)
Galaxy Homes will give you very thrilling offers and will also do any unethical practices to cheat its customers and hence there is no point in moving individually against the them. They wont even take your complaint seriously and you will be utterly neglected even though you have provided them your life-long savings.
Two Galaxy projects are involved in 65 Major CRZ violations in Kerala as per KCZMA and the same has been submitted to Kerala Legislative Assembly.(https://www.thehindu.com/news/national/kerala/kczma-identifies-65-major-crz-violations/article27902623.ece).
The coastal zone violation files themselves have also ran away from the coast (https://www.thehindu.com/news/national/kerala/crz-violation-files-go-missing/article29411327.ece)
An Action Committee needs to be made with all the consumers who have been affected by Galaxy Homes, Kochi. Once the committee is formed, all of us can move together in consumer courts, get each others help, conduct strikes, dharna, sathyagraha etc in front of their office which will definitely force the builder to return the consumers their hard earned money with compounded interest or provide a suitable alternative.
We need to connect. There is a whatsapp group of Galaxy Customers. You can whatsapp me on 00971 552171299(UAE) or Email [email protected]