Moneycontrol PRO
go to top

INDIA'SMOST DELAYED RESIDENTIAL PROJECTS

Scroll Down To Explore More

Heavily delayed—and even worse, completely stalled— housing projects continue to plague the country’s residential sector. Lakhs of homebuyers walk a treacherous path from booking a house to moving in, one that runs through several government offices, tribunals and courts. There are instances of parents waiting for their homes, while their children are all grown up, ready to buy a house of their own.

As many as 500,000 homes worth Rs 4.48 lakh crore are stuck across seven micro markets in the country, says an analysis by real estate consultancy Anarock. The Anarock report takes into account the markets that comprise metro cities. The National Capital Region (NCR) and Mumbai Metropolitan Region (MMR) together account for 77 percent of such projects. Pune had a 9 percent share of delayed projects, and Kolkata 5 percent. The southern metros of Bengaluru, Chennai, and Hyderabad together accounted for the remaining 9 percent. NCR has approximately 240,610 stuck or delayed units worth over Rs 1.81 lakh crore. MMR comes next with 128,870 units worth about Rs 1.84 lakh crore. Bengaluru has 26,030 units worth over Rs 28,072 crore that are running behind schedule. Hyderabad has some 11,450 such units worth over Rs 11,310 crore, while Chennai has the least number of stuck homes among the top 7 cities—5,190 units worth around Rs 3,731 crore.

Read More EXPLORE PROJECTS intro
Scroll Down To Explore More
intro

LIST OF DELAYED
PROJECTS IN INDIA

Financial strain, labour challenges or outright siphoning of money, whatever the reason on part of the builder, it is homebuyers who find themselves saddled with EMIs and rents as they run around to get their promised homes. This list is not exhaustive. Here’s a look at some projects where buyers are still waiting for their homes:

buyers quote

WHAT DISTRESSED HOMEBUYERS HAVE TO SAY

Stalled projects are those with absolutely no construction activity, while delayed projects are those with minimal progress. To ensure that they do not incur further financial losses, homebuyers need to act immediately and seek legal recourse. Here's a look at what some buyers have to say.

prev

We have been invested in the project since 2011 and even after 11 years, the towers are standing but we are unable to get possession. While nine towers were delivered, the remaining eight towers are incomplete as tile work and electrical as well as plumbing works are yet to be done. Even the structure may be deteriorating. First, we suffered at the hands of the builders for eight years and now we are suffering due to the Noida Authority and the NCLT

Vikram Tuli
Vikram Tuli,
Homebuyer, Today Homes Ridge Residency

While the resolution plan was sent for approval in 2020, a hearing on the plan is yet to take place, further delaying the resolution. We are waiting to get our flat for the last eight years

Anil Gupta
Anil Gupta,
Homebuyer, Today Homes Ridge Residency

I bought a flat in the Red Apple Residency in 2013. They promised to deliver the flat in three years. Even UP-RERA and the Allahabad High Court ordered a refund in our favour but nothing has happened so far. I had my savings worth Rs 7.5 lakh in the State Bank of Patiala (now SBI), which the bank auto-deducted, leaving me helpless. Now, I am not only bearing legal expenses but also have to look after my children's education. The daily stress made me a blood pressure patient

Anil Singh
Anil Singh,
Homebuyer, Red Apple Residency

I took a loan under the subvention scheme from the State Bank of Hyderabad (now SBI) and the bank officials forged my signatures to disburse the loan without my consent. I got to know about it only after the second demand note and then raised the issue with the bank. Then, my signature was forged and the entire amount was disbursed without my knowledge

Anshul Garg
Anshul Garg,
Homebuyer, Red Apple Homez

We gave Rs 28 lakh in hope of having our home. We sacrificed our children's careers. We have been agitating for the past several years to get what was ours

Satya Mitra
Satya Mitra,
Homebuyer, Earth Towne

My father invested in the project when he was working. He has retired but since we took a loan for it, we are still paying EMIs. We did not get any moratorium from the banks during the COVID and continue to live on rent. After last year's court clearance, at least three towers would have been readied by now and many of us standing here today would have got possession as well. But Greater Noida Authority objected and is not allowing any construction to happen

Sunaina Sharma
Sunaina Sharma,
Homebuyer, Earth Towne

I bought a flat in Tower D in 2012 and took a loan of around Rs 50 lakh. Since then, I have been paying EMIs (equated monthly instalments) as well as rent. The delivery was supposed to take place in 2016 but there is no hope left for us

Vikas Hooda
Vikas Hooda,
Homebuyer, Tashee Capital Gateway

Defence personnel are more familiar with the Cantt areas which have facilities like recreation centers, canteen, institutes etc. Since it was affordable, close to Delhi, and also has an ECHS (Ex-Servicemen Contributory Health Scheme) hospital nearby, it became a preferred choice for people like us and we invested our hard-earned money into it

IAF Group Capt VK Singh
IAF Group Capt VK Singh,
Homebuyer, Tashee Capital Gateway

GNIDA made an application to NCLT first and then they moved to NCLAT for relief (Application no. 629/2022). On June 1, the NCLAT granted relief to GNIDA saying that the appellant shall not be obliged to transfer the leasehold land in favour of the Successful Resolution Applicant. Now, the homebuyers are back to square one

Ankur Saraswat
Ankur Saraswat,
Homebuyer, Earth TechOne

In 2017, banks stopped the subvention scheme and the builder stopped paying within four months. Due to this the buyers were compelled to start paying EMIs which were to be paid by the builder under the subvention scheme. Under a no EMIs until possession arrangement, a buyer pays a higher amount than the rest. All that is gone down the drain now

Nipun Mahajan
Nipun Mahajan,
Homebuyer, Ajnara Ambrosia

I upgraded from 1 BHK to 2 BHK for my son and daughters. I also sold my property back in my hometown, but today I am residing in a rented accommodation

Prakash Patel
Prakash Patel,
Homebuyer, Raj Torres

The project cost me all my savings. In 2015, I sold my native house in Tamil Nadu for Rs 40 lakh and the remaining from my savings to book a Rs 85 lakh apartment. It was like a dream home for me. But now, I am staying in a rented apartment in the other corner of the city

Sriram T.S.
Sriram T.S.,
Homebuyer, Mantri Energia

It’s been a wait of more than seven years but the project is yet to be handed over to us. Construction, too, came to a grinding halt four years ago. I have paid up almost 90 percent of the cost of the unit and there is no hope on earth that I will get my house as there is no construction on the ground. We have been waiting for almost seven years now

Manish Kumar Gupta
Manish Kumar Gupta,
Homebuyer, Ajnara Ambrosia

We took possession of our flats in 2014. While the possession was slightly delayed, we were confident that the entire project would be delivered on time as it was a foreign direct investment-backed project. But that was not to be

Praveen Malik
Praveen Malik,
Homebuyer, Sare Homes

I booked a unit in 2010 and continue to pay equated monthly instalment on the home loan. The amount of interest has had a huge impact on my disposable income. My advice to those wanting to buy a house is to go in for a ready-to-move-in apartment

Sumeet Saxena
Sumeet Saxena,
Homebuyer, Lotus Panache

The buyers’ association has filed at least 55 complaints with KRERA over the last two years and had seven hearings within the last 20 months. Almost all buyers have completed 80 percent of the payments. During June 22 hearing, the builder had approached KRERA against the formation of the Association of Allottees (AOA). The builder claimed it does not fall under the RERA Act

Sudhakar Lakshman
Sudhakar Lakshman,
Homebuyer, Mantri Energia

My kids were very small at that time. One was four, while another was 10 years old. And I also had an ageing mother. I thought with school and hospitals accessible at a stone's throw, this will be a great investment. Things remained the same till 2019 and after that construction completely halted

Vinod Kumar
Vinod Kumar,
Homebuyer, Ozone Urbania

We were promised 28- and 29-storey towers but today what we see is just a couple of floors. The developer is not communicating anything. I have also filed a request in the conciliation forum of Maharashtra RERA (Real Estate Regulatory Authority) but the developer has not responded yet

Aditya Srivastava
Aditya Srivastava ,
Homebuyer, Raj Torres

The purpose for the purchase was to reside in this flat after my retirement. But we have not got the possession and the developer is now asking for Rs 90 lakh as escalation cost. We cannot pay this as we have an agreement where the flat cost mentioned is Rs 36 lakh, and we expect the court to give us justice

Sudhir Ray
Sudhir Ray,
Homebuyer, Runwal Sanctuary

The amount the builder was offering was nominal and if I had rented out the apartment, I could have earned Rs 13,000 in rent every month. Fortunately, we were one of the few buyers who won the KRERA case and the authorities asked the builder to pay us Rs 55,000 compensation a month. The builder again failed to pay. I went back to KRERA, and the officials said they will redirect the Karnataka revenue department to recover the amount. In June 2020, the builder sought a mutual settlement with him and they agreed to Rs 40,000 compensation. After paying around Rs 7 lakh, the builder stopped the payments in January 2021. A writ petition filed by me is pending before the Karnataka High Court

Ashok Sahu
Ashok Sahu,
Homebuyer, Ozone Urbana
next

EXPERT SPEAK

The first option for homebuyers is to file a consumer complaint with the Real Estate (Regulation and Development) Authority (RERA) for delayed projects. The Authority will either assist them in obtaining a refund or will put pressure on the builder to expedite the project.

prev

The corporate insolvency resolution process (CIRP) of the Corporate Debtor was conducted in a manner adhering to all rules and regulations and due timelines have been followed. The CoC approved resolution plan has been filed to the Hon’ble NCLT for their approval. Further, some of the objections have been filed against the CoC approved resolution plan. The Hon’ble NCLT will take up those applications for hearing along with resolution plan approval application

IRP Rabindra Mintri
IRP Rabindra Mintri,
Today Homes Ridge Residency case

We have filed an insolvency case in the NCLT. Since 2020, due to COVID and other issues, the case is only getting new dates. Even an Interim Resolution Professional (IRP) has not been appointed. The next hearing is likely in July where the court may go for an ex-parte order to appoint the IRP as no one is coming to represent the builder

Advocate Sandeep Tiwari
Advocate Sandeep Tiwari,
Idea Builders Case

Under the provisions of RERA Act, the RERA Court is empowered to hand over the project to the association of allottees. If they are capable of taking over the project en bloc, without any reference to the developer in terms of being able to collect the balance amounts from subscribers or allottees, and putting in place a mechanism whereby the existing third-party vendors can be deployed for a meaningful completion of the project, then that could be a feasible recourse

Adv. Gerald Manoharan
Adv. Gerald Manoharan,
Expert (On Idea Builders Case)

The GNIDA did not take any step for recovery of its payments from Earth Towne. The 10 percent rule was a complete fraud. You are approving the map to complete the project within three years and a maximum of five years. Say if the project was delivered to the buyers on time, how could the GNIDA wait for 10 years for recovery of the land cost? The builder would flee by then

Advocate Sunil Varma
Advocate Sunil Varma,
Earth Towne Case

Our legal team is working to take the case to a conclusion...It's a court-monitored project. The project will be delivered in phases. We will start delivery in two years and complete it in five years

Aakash Deep
Aakash Deep,
MD Roma Builders (On Earth Towne Case)

Many people have paid almost 90 percent. The builder not only delayed the delivery but also levied arbitrary charges on homebuyers in violation of the Builder-Buyer Agreement

Advocate Rekha Agarwal
Advocate Rekha Agarwal,
Tashee Capital Gateway Case

After the NCLT order, we applied to various authorities for approval. Of these, the GNIDA has filed a review of the order in the NCLT itself. The case is pending before the NCLT. The authority had to submit its claim before the resolution professional, which they did not do and now they want payment of their dues. The GNIDA has asked the tribunal not to pass a final order until a direction from the state government or from the Supreme Court to the GNIDA

Santosh Agarwal
Santosh Agarwal,
CFO, Alpha Corp (On Earth Techone Case)

The NCLT had accepted failure on the part of the developer and ordered insolvency. The company was declared insolvent in 2019 and the CIRP (corporate insolvency resolution process) commenced

Advocate Abhay Pratap
Advocate Abhay Pratap,
Today Homes Ridge Residency case

Considering the financial situation, the chances of the developer completing the project in the near future appear to be bleak

Advocate Satish Dedhia
Advocate Satish Dedhia,
Raj Torres Case

Cases of delayed projects fall under Section 17 of the Consumer Protection Act, 1986. Section 17 deals with complaints regarding violation of consumer rights or unfair trade practices or false or misleading advertisements. Under the Consumer Protection Act, the builder should refund money to home buyers for delayed projects along with interest at the rate charged by a scheduled nationalised bank on home loans in the corresponding period

Advocate Anagha Kulkarni
Advocate Anagha Kulkarni,
Mantri Energia Case

We’ve deposited the requisite fees for renewal of licences with DTCP, Haryana, and are expecting renewal of licences shortly. We’ve started work on phase-3 and phase-4 units where handing over of flats has already begun and more flats are scheduled to be handed over every week

Piyush Dhoot
Piyush Dhoot,
CEO, Dhoot Group (Sare Homes Case)

We are towards the fag end of the corporate insolvency resolution process and are hopeful that the recent Supreme Court order stating that Noida Authority is an operational creditor will help us. It may be another five to six months before the successful resolution applicant is appointed by the NCLT. A total of Rs 250 crore would be required going forward to complete the remaining 1,700 units

Chandra Prakash
Chandra Prakash,
Resolution Professional, Lotus Panache Case

The homebuyers of Lotus Panache have been able to not only find a resolution plan which meets their approval but facilitated the RP to continue the operations of the company as a going concern during the insolvency resolution process. The key in projects undergoing insolvency resolution is the collective strength of homebuyers

Advocate Sahil Sethi
Advocate Sahil Sethi,
Lotus Panache Case

Most of the cases are getting delayed because of a difference in compensation/refund between the builder and the buyers. Though KRERA is speeding up the hearings, it will take some more months before we can find common ground

Advocate Akash Bantia
Advocate Akash Bantia,
Ozone Urbana Case
next

HOW TO FILE A RERA COMPLAINT

File RERA complaints:
Step-by-Step guide
Step 1 – To file a complaint with the Real Estate Regulatory Authority in a state, the buyer needs to visit the official website. On the portal, search for the page ‘Complaint Registration’.
Step 2 – Click on the complaint registration link. You will be taken to the complaint form where you are required to fill the details of the complaint.
Step 3 – While filing the complaint, homebuyers would be asked to submit their personal details including Name, Address, Contact details, and Project details. Complainants can also attach supporting documents.
Step 4 – Once the form is fully filled, the complainant would need to pay a sum of Rs 1,000 for filing the complaint or Rs 5,000 in case the complaint is filed before the Adjudicating Officer. Online payment mode is also available for completing the transaction.

PHOTOS OF INCOMPLETE PROJECTS

Several homebuyers are upset with real estate developers for having delayed their projects. Many have paid 90-95 per cent for the flats.

Across Indian cities, buyers are waiting – for over a decade in some cases – for their dream homes after investing their life savings and taking bank loans. It’s been a treacherous path for them from the time they booked an apartment, a path that runs through government offices, tribunals and courts.

  • Mantri Energia
  • Mantri Energia
  • Mantri Energia
  • Ozone Urbana
  • Ozone Urbana
  • Ozone Urbana
  • Ozone Urbana
  • Raj Torres (Commercial Section)
  • Raj Torres
  • Raj Torres
  • Earth Towne (Roma Dreams)
  • Earth Towne (Roma Dreams)
  • Earth Towne (Roma Dreams)
  • Earth Techone
  • Earth Techone
  • Earth Techone
  • Red Apple Homez
  • Red Apple Homez
  • Red Apple Residency
  • Red Apple Residency
  • Runwal Sanctuary
  • Runwal Sanctuary
  • Runwal Sanctuary
  • Today Homes Ridge Residency
  • Today Homes Ridge Residency
  • Today Homes Ridge Residency
  • Ajnara Ambrosia
  • Ajnara Ambrosia
  • Ajnara Ambrosia
  • Tashee Capital Gateway
  • Tashee Capital Gateway
  • Tashee Capital Gateway
  • Lotus Panache
  • Lotus Panache
  • Lotus Panache

WATCH WHAT PEOPLE HAVE TO SAY

This is what homebuyers, some who have been waiting for almost a decade, have to say about their projects that have been delayed. Take a look

OPINION

Many developers of delayed projects are facing a cash crunch because of financial indiscipline and diversion of funds. They are now finding it difficult to execute the projects that they had launched as the source of funds has dried up or funds are available at a high rate and that too only to select developers. This is what experts have to say.

A stalled real estate sector was nobody’s and everybody’s fault

A stalled real estate sector was nobody’s and everybody’s fault

Buyers, sellers, land bankers, bankers, NBFCs, and investors, all felt the pinch of realism in the mid to late 2000s. By 2014, the real estate market was at a complete standstill and a newly elected government brought law after law to clean up the system. Problems were complex and nobody benefited

Real estate, especially housing, is a nascent industry in India. From scrupulous first-time buyers, purchasing with borrowed money, housing became a base from speculators by 2005. The end user was edged out and investors made huge amounts of money tr...

August 04, 2022 / 10:09 pm IST
E Jayashree Kurup
E Jayashree Kurup
writer-researcher in real estate
CONTINUE READING CONTINUE READING
FREQUENTLY ASKED QUESTIONS

FREQUENTLY ASKED QUESTIONS (FAQ)

Here's are some essential questions that homebuyers should ask before buying a house.

Is the project RERA registered?

Upon getting the registration number of the project, the buyer/investor will be able to verify the same from the RERA portal and peruse the documents, plans and permissions, title certificate, encumbrance certificate, status of the project, track record/details of the past projects undertaken by the builder, etc. uploaded by the builder.

Whether all the permissions have been obtained and are valid and subsisting? Whether the plan of the entire building to be constructed has been sanctioned?

Upon getting a copy of the sanctioned layout plan, one can verify and understand the layout of the project as sanctioned by authorities vis-à-vis what is marketed by the builder and/or demonstrated in the brochure or other advertising material. The sanctioned floor plan can be perused to confirm whether the floor where the flat is situated is sanctioned by the authorities and the sanctioned area of the flat therein vis-à-vis what is being marketed and sold by the builder.

When will the project along with all common areas, amenities and facilities be completed and handed over to the buyers/society?

The timelines disclosed by the builder on the RERA portal will help the buyer plan his finances and make appropriate rental arrangements, if required. The buyer/investor can cross check the date of possession with the date of completion declared by the builder on the RERA portal, discuss the timing for payment of instalments and confirm if all the common area amenities and facilities will also be available on date of possession of the flat. The timelines will also help an investor plan his exit of the investment.

What are the financial arrangements made by the builder?

Upon understanding that the project is financed by a bank/financial institution, the buyer/investor can get comfort that there may be lower chances of delays on part of the builder in execution and completion on account of non-availability of finance.

What are the terms of the booking form and cancellation of the booking form / allotment letter including refund of advances?

Upon getting a copy of the booking form, the buyer/investor will get clarity about the terms of payment of the token amount or advance deposit, the further payments to be made by way of advances/instalments and the timelines to execute an agreement for sale. The buyer/ investor will also get a clear understanding about the consequences of not confirming the booking within the agreed timelines and the amount that may be deducted for such cancellation and the period within which the balance money shall be refunded. As per RERA a builder cannot demand more than 10 percent of the amount without executing an agreement for sale.

Is there a penalty clause?

The buyer/investor should examine the booking form/allotment letter/agreement for sale thoroughly to confirm and verify the clauses in relation to investor/buyer liability to pay interest and penalties in case of delayed payments or breach of the terms/clauses of the executed documents or upon which events the builder can terminate the booking/allotment/agreement. In most of such documents, there is a provision for forfeiture of amounts under the head of administrative costs. All such aspects should be discussed and negotiated prior to executing any document.

What are the other costs and deposits to be paid by the buyer/investor to the builder?

On getting a statement of other costs and deposits, the buyer/investor will get clarity on the advance maintenance, deposits, society formation charges, club house fees payable over and above the consideration, GST, stamp duty and registration charges. Many times the agreement for sale also has clauses on escalating the consideration in case of certain eventualities such as increase in payment of development charges, levy of additional premiums and new taxes.
Prior to making further payments and entering into an agreement for sale with the builder, we advise that a buyer/investor should inspect the original documents, plans and permissions in respect of the project and thoroughly examine the agreement for sale to ensure that all the agreed terms are recorded in agreement for sale including possession date committed by builder, safeguards in case of delays/defaults/abandonment of project by builder, conveyance of the land and building in favour of society upon completion.

Authored by Heena Chheda, Partner, Economic Laws Practice.

PERSONAL FINANCE

Homebuyers should do proper due diligence about the developer and project before buying a house. It also makes sense to contact homebuyers who have already invested in the project where you are planning to book the apartment. If possible, try to stay away from under-construction projects, especially those running way behind schedule.

What buyers should do if their housing projects are stalled or delayed
What buyers should do if their housing projects are stalled or delayed

Homebuyers who are stuck in delayed or stalled projects can approach either the real estate regulator or the courts for relief

It is a telling story in India about the sheer number of housing units that are stalled or delayed. Heavily delayed – and even worse, completely stalled – housing projects (launched in 2014 or before) continue to plague the Indian residential se...

August 04, 2022 / 10:13 pm IST
CONTINUE READING continue reading
Sections
ISO 27001 - BSI Assurance Mark