Changes in transfer rules for SkyOn

Q: Hi all,
Just wondering if any owners here have received notification from IREO of the changes in transfer rules recently. They plan to allow transfers only till July end, post which the transfer charges are being unilaterally revised to a draconian 500 per sq ft for towers A and B! I would like to solicit views on whether such amendments are legal at all? Are builders allowed to set arbitrary transfer charges for under construction properties?

Aditya Kawatra, Apartment Resident

10th June 2016

Legal in Ireo Skyon, Golf Course Extn, Gurgaon

co-operative housing society

delhi high court

ownership transfer charges

ownership transfer fee

deputy commissioner of gurgaon

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Replies (7)

Possession of the apartments has been offered now, with extra demand beyond Buyer's Agreement as follows:
1- About Rs. 5 lacs hidden and unexplained taxes etc,
2- Exorbitant compulsory club membership fees of Rs.5.75 lacs, limited for 20 yrs
3- Interest on advance payments according to scheme not adjusted in the demand note
4- No response to emails for explanation of above extra charges etc, leaving allotees furious but helpless
5- Buyer's Agreement signed by allotee covers Ireo to good enough to blackmail and force allottees to pay all above under the pressure of penalties and further loss, while Ireo using the tactics of time consuming by lack of response
6- Not allowing allottees to see their own apartment before all the demanded money is paid, so that they do not get chance to complain about quality of the apartment as compared to what was promised via videos/catalogs assuring so called "Modern Age Living" etc, which as reported by some is not even close to that in reality

Rakesh Khanna, Apartment Resident, Delhi

21st September 2016

Comment

Dear All

Leave aside the transfer issue, The main issue is a substandard flat.

As discussed with some aggrieved buyers, I request you to visit the flat yourselves, with my comments earlier, we have paid a decent premium to get a high tech apartment, but when you visit the flat , you feel you have walked into DDA flat, its so pathetic and all the features of home automations need to be installed by us. Tiles whether in kitchen or the bathroom are vitrified tiles costing 40-50 Rs. There is nothing you say a high end apartment its cost according to me is not more than 5500-6000 sq feet. Market is already slow, and the end product will never fetch returns as anticipated.. Safety norms are flouted, water sprinklers are not installed and elevator lobby is wooden cladded with sunmica pasted on it. I can write thesis but would request all those who are concerned to visit the flat and share your views as they are in a haste to offer possession

Viresh Arora,

24th July 2016

Comment

Viresh as discussed will be visiting my apartment very soon to check out quality

Hemant Chadha,

25th July 2016

Hi All,

All of you are correct... Ownership transfer charges are limited to Rs 10,000. As an investor in Tower A of Skyon, there is a delay though they claim that Skyon construction commenced only after the Environment Clearance was received in Sept 2012. Therefore delay for over (48 months) is applicable on fro Aug 2016.
Therefore I believe we are being cheated as I invested in June 2010.
Any views on this matter?
Further Skyon Investors / End User must create a forum for meeting and bringing out grievances. Has this started? I am Hemant Chadha and would like to start a forum of this nature - my mobile # is 9811305245
Would others be interested?

Hemant Chadha,

24th July 2016

Comment

I had booked a flat in ireoskyon after seeing a sample flat at the Gallery sample house and was promised specifications as of Grand Arch which was launched by the group in 2009 with a home automation features as USP. The builder Buyer agreement was very ambiguous and failed to mention much details of the higher end specifications as shown. I was made to understand that the group is an FDI and would deliverer as promised even though it failed mentioning in the BBA.
But now when the flat is ready for possession all high end specs are missing and reduced to a normal tiled with routine toilet and bathrooms.
Moreover they have replaced the brick walls with gypsum board.
When confronted they argue that nothing was specifically mentioned in the BBA and they never promised a high end flat and never wrote in the BBA. Even the home automations features have been omitted.
This group is a big fraudster and have cleverly drafted the BBA and now washing their claims of offering a high end ap

Viresh Arora,

19th July 2016

Comment

Vikesh - if what you say is true then most people have been frauded. All of us have invested into Skyon based on Tall Claims of high end automation....in fact this how it has been advertised.....what is our recourse then????

Hemant Chadha,

24th July 2016

Hi friends,
Yes, i have read this news few month back and i want to share some useful details with you. This order is against the AWHO which should make it applicable in other states where AWHO operates. For other states, the buyers must insist on not paying such charges and if needed move a petition in concerned HC stating existing laid down guidelines by other courts. As far as developer’s group housing projects are concerned, this particular order is not applicable.

Naveen, Gurgaon

10th June 2016

Comment

And one more thing i have to highlights that this order does not apply to the developers or under construction projects and court have directed that if developers charge more than Rs.10000 as transfer charges, action will be taken against them.

Samar, Gurgaon

10th June 2016

Comment

Yes Samar and i think it was a very dare move by Deputy Commissioner of Gurgaon who issued an order dated 31/12/2015 directing registrar to ensure that all the societies can not charge more than 10000/- as transfer charges. In case, anyone is forced to pay exorbitant transfer fee he may approach the police for the redressal of his grievance. This is applicable for all the residential units in condominiums, group housing societies and cooperative housing units wherever is applicable and not applicable on builders and under construction projects.

Indranil, Gurgaon

10th June 2016

Hi Aditya,
As per the current rules, Societies can not charges more than Rs.10000 as ownership transfer charges in Gurgaon. And it will not applicable on builder/developers societies.

Earlier many Co-operative societies in the country charge an Ownership Transfer Fee every time someone sells his apartment. These charges may differ from Rs.10000 to few lacks in some case and they are generally referred as gate money / entry fee / development fund / transfer fee / common good fund. Till date, these charges are arbitrarily decided by the societies and are mostly included in their bylaws. Anyone who refuses to pay is threatened with disconnection of basic services like electricity and water connection.

Samar, Gurgaon

10th June 2016

Comment

YOu are right Samar.
But now the authorities have tried to emphasize that Transfer Charges should be limited under Rs.10000 only. In 2014, the Punjab and Haryana High Court passed a judgment based on the Delhi High Court’s 2009 order to stop this practice immediately and all the Cooperative house building, group housing and maintenance societies etc. shall not charge more than Rs.10000 as the transfer fee.

Sukhpreet, Delhi-NCR

10th June 2016