It’s been more than a year since the collapse of a tower in Gurugram’s Chintels Paradiso housing complex that claimed two lives, yet, residents of the housing society say, hardly any action has been taken against the developer and others responsible for the mishap.
The residents said that the buyback rates being offered by the builder are 30-35 percent lower than the current market price, and the builder’s offer to redevelop the flats is also rather ambiguous.
Initially, the probe was conducted by the police, but in January 2023 the case was transferred to the Central Bureau of Investigation (CBI). The CBI investigation has registered an FIR against Ashok Solomon, the promoter of Chintels India.
According to sources, the CBI is in the process of taking the statements of all concerned parties and assessing the previous probe reports. “The statements of all concerned parties, including the residents of the housing complex, are being taken. The CBI is also coordinating with other departments, such as the police, town and country planning, the district administration, and others, for the investigation,” sources said.
The Chintels Paradiso RWA (residents’ welfare association) confirmed that the CBI took the statements of residents in connection with the case.
In January this year, the CBI had sent a letter to the deputy commissioner of Gurugram and sought details about the minutes of a meeting of the district administration committee that was set up after the collapse to probe the incident.
An official of the district administration, who wished not to be identified, said that all assistance is being provided to the CBI in the matter.
Earlier, the police had invoked IPC (Indian Penal Code) section 304A (causing death by negligence), which carries a maximum imprisonment of up to two years. Later, due to public pressure, this was changed to IPC section 304 (culpable homicide not amounting to murder), which carries a maximum sentence of 10 years.
“Section 304 A has been replaced with 304, and yet no arrest. The focus of the investigation has shifted from punishing those responsible for the poor construction to compensation for residents,” said a legal expert.
However, the residents feel the probe needs to be expedited.
“What are the agencies doing? It is evident that the mishap took place because of poor construction quality, so it is the fault of the developer. The developer should be arrested,” a resident of tower D who lost his home in the collapse told Moneycontrol, requesting anonymity.
The issue
On February 10, 2022, a big portion of Tower D of the Chintels Paradiso complex collapsed, killing two women and injuring many. The structural audit conducted by IIT, Delhi, found deficiencies in the construction of the towers. It ordered the demolition order of tower D and the evacuation of the neighbouring towers, E and F.
In April 2023, the developer came up with two options. It offered to either pay an all-inclusive price of Rs 6,500 per square foot (on the super built-up area), plus the stamp duty paid by the flat owners. Or, it would get the property repaired or re-built by some reputed contractor per the technical requirements of CSIR-CBRI, and hand over possession within 36 months from the date of receipt of all necessary approvals. However, residents opting for the latter would have to pay Rs 1,000 psf as construction costs have increased.
On May 15, the Gurugram district administration issued fresh orders asking residents of towers E and F to vacate the buildings in 15 days, and directed officials to implement section 144 in the towers. Section 144 of the Code of Criminal Procedure prohibits the gathering of four or more people in an area.
Residents have sought time till July 31 to vacate the flats and also demanded that the builder continue to pay rent till the building is constructed and handed over to the residents (the builder has stopped paying rent from 1 May 2023). They also said that the builder should not ask for Rs 1,000 psf from those opting for reconstruction of flats.
An email has been sent to the company for their response. The copy will be updated after receiving the response.
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