Affected Supertech flat owners to move SC
Apr 18, 2014
Source : The Times of India


NOIDA: Buyers of apartments in Supertech’s two 40-storeyed towers here will move the Supreme Court against Allahabad High Court order to demolish the buildings as they want flats not refund.

“Since we were not a part of this (high court) judgement, we have decided to move the Supreme Court to get justice,” said M R Chhikara on behalf of buyers of flats in Supertech’s Apex & Ceyane Towers.

“The High Court has asked the developer to compensate us paying 14 per cent interest while exiting the project, which is not at all acceptable to any of the Apex or Ceyane unit buyers as we are looking forward to have our apartments,” he told reporters here at press conference organised the buyers.

On April 11, the court ordered the demolition of the two buildings in Noida and refund of money to apartment buyers in response to a petition that alleged building construction had violated the law.

The Noida Authority yesterday sealed the two towers comprising a combined 857 apartments, of which 600 were sold. These two are a part of Supertech’s Emerald Court project that has 15 other towers.

Supertech had also earlier said that it would challenge the high court order in the apex court next week.

The buyers are also against the provisions of any alternate unit offered by the developer, Chikkara said, adding 100 affected buyers have come together to fight their case.

The affected buyers also rejected the suggestion made by Emerald Court RWA to take refund from the developer and exit.

The high court judgement came on a writ petition by the Emerald Court Owners Resident Welfare Association, which alleged that the approval and construction of the towers were “in complete violation of the UP Apartment Acts”.

Rejecting the Emerald Court RWA suggestion, Chhikara made a counter-offer to officer bearers of the RWA. “We offer interest at the rate of 16 per cent, higher than the interest rate awarded by High Court at 14 per cent on the investments made by Emerald Court project who should take this money from Apex Ceyane Buyers Group and exit from the project.”

“Most of us had personally seen all the approvals and sanctions obtained by the developer for the execution of the project and we could not find any infirmity in any such document. The structure of Apex and Ceyane towers is completely safe as we have seen relevant structural safety documents,” he said.

There also seemed to be some confusion about inter tower distance, which is exactly as per the provisions contained in the National Building Code 2005,” he added.

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