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Residents of Adani Oyster Grande, a society in Gurugram, held a protest on Sunday, demanding that the maintenance
of their society be handed over to the elected Resident Welfare Association (RWA). The society, with over 750 flats,
received its occupancy certificate in 2018, and the RWA was elected in October last year.
The residents have alleged that the developer has been negligent about upkeep and safety standards, and the common
areas are not being maintained properly. They also claim that the sewage treatment plant is not working properly. The
developer has reportedly collected Rs 30 crore from residents as an interest fee maintenance security (IFMS) fund,
which he is now refusing to pay back.
When contacted by the press, the spokesperson for Oyster Grande denied the allegations, stating that the maintenance
of the society is being looked after by internationally renowned property consultants. The company denied having
received any official complaints from the residents. Lastly, the spokesperson confirmed that the promoter will hand
over the maintenance money in question only after obtaining the completion certificate for the project.
The issue of handover of maintenance from builders to the RWA has been a long-standing one in India. In recent
years, several RWAs have protested on account of builders not handing over maintenance. Several builders have been
accused of collecting maintenance charges but not providing the promised facilities. The Real Estate (Regulation and
Development) Act, 2016, mandates that builders must hand over the maintenance to the RWA within three months of
obtaining the occupancy certificate. However, many flout this rule and continue to retain control over the maintenance
of the society, leading to conflicts with the residents.
In this case, the residents of Adani Oyster Grande alleged that the developer has been neglecting the upkeep of the
society and not providing the promised facilities. They claimed that the roads, parks, and common areas are not being
maintained properly, and the sewage treatment plant is not working correctly. The residents demanded that the builder
pay back the IFMS fund collected from them and hand over the maintenance to the RWA.
The conflict between the residents of Adani Oyster Grande and the builder highlights the issue of handover of
maintenance from builders to the RWA. The residents' demand for the handover of maintenance to the RWA is
legitimate, and the builder's reluctance to do so has led to a conflict. The authorities must take strict action against
builders who flout the rules and fail to hand over maintenance to the RWA, as it is essential for ensuring the smooth
functioning of the society and the welfare of its residents.
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