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The buyers said that although they received possession of their flats back in 2019, the registration process had been delayed.
44 flat buyers seek Allahabad High Court help. (Representational Image)
A group of 44 flat buyers from the Gaudsons Sportswood project, located in Sector 79, Noida, approached the Allahabad High Court seeking the registration of their flats, which they claim has been pending for the last five years. Despite paying the full amount for their properties and completing all necessary formalities, the buyers were still unable to finalise the registration process, causing them significant inconvenience.
In their petition, the buyers emphasised that although they received possession of their flats back in 2019, the registration process had been delayed. The buyers argued that the delay left them unable to sell, transfer, or even mortgage their properties. Furthermore, they were concerned that a potential 30% hike in the circle rate could further escalate their registration costs.
On Friday, December 13, the division bench comprising of Justice Manoj Kumar Gupta and Justice Anish Kumar Gupta, while hearing the matter, issued a notice to the concerned authorities and scheduled the next hearing for January 10, 2025.
The Gaudsons Sportswood project, which began in 2010, is part of the larger Sports City initiative by the Noida Authority. Under this ambitious project, 70% of the land was designated for sports facilities, while the remaining portion was allocated for residential and commercial development. The project was managed by four consortiums, with Zenadu Estate Private Limited handling land parcels in Sectors 78, 79, and 101. Zenadu divided the land into 16 segments, assigning various real estate developers, including Gaudsons, to oversee different parts of the development.
The delay in registration is partly due to the issues surrounding the completion of the project, which were highlighted in an audit by the Comptroller and Auditor General of India (CAG) in 2019. The audit found numerous discrepancies in the project, including the incomplete status of the promised sports facilities. Following these revelations, the Noida Authority postponed the approval of revised maps, occupancy certificates, and the registration applications for properties within the Sports City project.
Buyers of the Gaudsons Sportswood project claimed that despite these setbacks, they had fulfilled all their obligations. The petitioners pointed out that they paid the full price for their flats and that the developer obtained a provisional completion certificate in March 2019. After this, possession of the flats was handed over to the buyers. Furthermore, Gaudsons had cleared all dues with the Noida Authority and obtained a no-dues certificate, signaling that all financial matters were resolved.
However, the delay in obtaining a permanent completion certificate hampered the registration process. As per the Uttar Pradesh Real Estate Regulatory Authority (UP-RERA) guidelines, if a completion certificate is not processed within seven days, it is automatically deemed approved. Despite this provision, the buyers claimed that the registration process was still on hold, leaving them in a state of limbo.
One of the petitioners, Sanwarjeet Dasoundi, expressed his frustration, stating, that they had followed all procedures and paid in full, yet were being denied the right to register the properties. “The developers have completed their obligations, and the authorities should facilitate the registration without further delay,” he said.