Hand Over Orchid Petals Gurgaon to RWA
After a prolonged power struggle between the owners and the developers, the Gurgaon Senior Town Planner (STP) insisted that the Orchid Infrastructure Developers Pvt Ltd (OIDPL) hold the RWA (Resident Welfare Association) elections by May 4. This battle has been fought for over a year and has finally gained a result. Also the STP has ordered the OIDPL to hand over the management of the precise complex to its apartment owners.
The increasing number of high-rises in Gurgaon are symbolic of the city’s growth. Orchid Petals stands as one of the largest residential complexes in all of Gurgaon offering 37 acrs complex 30,00,000 sq.ft. of Luxurious living Space, shopping centres and even a school within a short radius.
As per the STP orders, the OIDPL developers are instructed to surface the unresolved commitments as soon as possible and hand over the conservation of the apartment to the flat proprietors. The order by the STP was passed on April 24 in a joint meeting with the residents and the developer. It was also declared by the residents that the developer has not acquired the Obligatory Occupation Certificate for all the 24 towers present in the complex.
Being into light since last year the flat owners were successful this year by approaching the district administration and by disclosing the high rates of maintenance fee charged by the developer. Naturally this case was transferred to the STP which resulted in a solution.
One of the grave legal violations by the builder which was taken into consideration was that the builder had not filed a Deed of Declaration. Adding to it the builder avoided the formation of residents association and tackled the maintenance aspects by him.
Apart from these violations the builder also has failed to cater the community facilities like market, school, club and others which should be a part of the residence. The builder was instantly ordered to file the DOD for its 24 towers and consider the residents representatives for filing the deed of apartments. This will naturally help the residents to be a part of the RWA and consider their rights. Also the builder was informed that it was illegal to run the maintenance after the completion of the project for five years.
Apparently a member of the building’s maintenance authority refused to be aware of any such violations and held the developer responsible. The builder was not available despite rigorous efforts and has been given the last date of meeting on March 15 to continue with the proceedings.
The developer was asked to file all the legal documents since last year which he ignored it. There was also no proper response from the developer on being asked by the owners. According to the Haryana Apartments Ownership Act, within the 90 days of obtaining the Occupation Certificate, a builder has to hand over the complex to the elected RWA and also should hand over the flats to the flat owners.
Henceforth the above causes made it successful for the flat owners to overcome their problem.
Also read:
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