Credai objects to blaming builders for accidents
Credai has questioned the civic body’s authority to affix responsibility on developers in the case of accidents
Jul 05, 2013
Source : The Times of India


PUNE: While welcoming the Pune Municipal Corporation’s (PMC) announcement that city builders will have to register themselves, the Pune Chapter of the Confederation of Real Estate Developer’s Associations of India (Credai) has questioned the civic body’s authority to affix responsibility on developers in the case of accidents, like building collapse.

The PMC is planning to start a mandatory registration process for builders so that they can be held accountable for constructions carried out within the PMC limits. No construction project will be allowed without registration. The administration has taken the decision to avoid cases of building and wall collapse. If the builders are registered with the civic body, they can be held accountable for any mishaps.

“Credai Pune metro extends its support to working with the PMC to arrive at norms for registration of developers. There is near unanimity that developers must be held responsible for accidents or poor quality work. CREDAI Pune metro has no hesitation in accepting this point of view”, states the press release issued by Credai on June 29.

“The fact that developers need a registration mechanism is something that has received agreement from the state as well as the centre and also from the developer community at large. Registration of developers is a welcome step since it will further underscore the need to exercise maximum care. However, ‘affixing of responsibility for negligence’ calls for a fair and impartial procedure to be followed. The law of torts needs logical and trained legal minds to interpret. Hence the registration procedure must include a system of referring the process of affixing responsibility to a specially constituted authority or to the civil court”, the release further states.

It adds that the PMC is an involved party and therefore, cannot claim the authority to affix responsibility on developers (and for that matter, on architects and RCC designers).

“Further, there are inherent ‘pushes and pulls’ working in municipal bodies, swayed by public opinion. Developers are apprehensive of the risk of persecution or being held to ransom. Further, there are other complexities that need to be addressed – the architect or structural designer registration is provided to an individual who is a trained professional, in whose individual name the licence is given. How will this work for developers?” the organization questioned in its statement.

Credai has stated that it will be happy to engage with the civic authorities in exploring all fair and reasonable measures to improve the quality of construction and minimize occurrence of tragic accidents.

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