Green View apartment owners cry foul as NBCC stops rental assistance to residents evicted following cracks in building

Homeowners of Green View condominium, located in Sector 37 D, Gurugram, that was vacated after the building developed cracks and was declared unsafe for habitation in February this year, have said that they have written to Union Minister of Housing and Urban Affairs Hardeep Puri, asking him to intervene and ensure that NBCC continues to pay rent to them for the accommodation till a settlement is reached since it was on the basis of that promise that they had agreed to vacate their flats.

In the letter to Puri, the evicted residents of NBCC Green View project, have said that people who were forced to move into rented accommodations are mostly retired government servants. They have not received rentals beyond November 30, 2022 from NBCC.

“We request you to direct NBCC to honour and respect its promise made with the evicted resident owners before eviction of their legally-owned flats at NBCC Green View on February 26, 2022 and continue to pay rent till settlement,” the letter stated.

In the letter, the residents also said that NBCC, in its email on February 26, 2022, had clarified and assured the evicted residents of continued

payment of rent for accommodation till a settlement is reached.

Accordingly, based on the promise residents agreed to vacate their flats.

“The entire episode of bad construction, negligence, and wholesale corruption by NBCC officials has resulted in the NBCC Green View society being declared unsafe for habitation within a period of four years of its construction and consequential forcible eviction of resident owners,” homebuyers said in the letter to Puri earlier this month.

The residents told Moneycontrol that they would also be meeting the minister and the city’s deputy commissioner on the issue of payment of rent.

Randhir Singh, General Secretary of the Association of Apartment Owners (AOAO), NBCC Green View Group Housing Project, said that the developer had last month apprised the evicted residents, who are living on rent in different societies, that NBCC will not pay rent to them from December onwards.

“It is a sad indictment of our public sector enterprises that the NBCC is tricking old retired government servants, by backing out from their assurance of providing rental subsidy, which they confirmed would be given until the final settlement. We have written to the Union Minister of Housing and Urban Affairs requesting him to direct NBCC to continue to pay rent. We will also meet him and the DC Gurugram (Nishant Kumar Yadav) soon and seek their interference in the matter,” Singh told Moneycontrol on December 14.

As many as 85 homebuyers of NBCC's Gurugram project, Green View, were forced to vacate their homes in March this year after they were declared unsafe following a structural safety audit by IIT Delhi.

The homebuyers have been demanding a refund of the amount invested along with 15 percent interest, registration and interior decoration cost as well as Rs 25 lakh towards mental agony caused to them and their families.

According to the homebuyers’ association, NBCC was paying rent to 25 flat owners since March this year.

Singh said that in July this year the developer had given them an offer to take refund without interest.

“NBCC’s offer amount only included the cost of the flat at old rates and the registration charges. It neither had interest nor had taken into account the cost incurred on interior work, which the NBCC had evaluated through government evaluators. We cannot accept this offer. They do not appear to want to arrive at a final settlement and they aim to delay the process as much as possible to ensure that the residents get tired and accept whatever they offer as a final settlement,” Singh alleged.

The Green View Housing project was constructed by state-run firm NBCC. The project is located in Sector 37D of Gurugram. It was launched in 2011 and comprised 786 flats, of which only 250 units have been sold, largely to working and retired government employees.

Construction work started in 2012 and the project was to be delivered in 2015 but possession was offered to 250 allottees in 2017.

On February 16 this year, Gurugram deputy commissioner Nishant Kumar Yadav had asked the residents of the Green View complex to vacate the premises after the structures were declared unsafe.

He had also ordered the developer NBCC to provide alternate accommodation to the residents for the duration and bear the cost of transportation, shifting and rentals.

NBCC was also asked to refund the money, with interest, to the homebuyers. As many as 140 families lived in the residential complex. Apart from the general units, the NBCC had also constructed flats for the economically weaker section and nearly 100 such families were living there in these flats.​
Singh said that since the delay in achieving a final settlement is on account of “tardy action” of NBCC, they should not discontinue the rental subsidy.

“The developer has rendered us homeless and imposed a harsh financial burden on honest taxpayers. The NBCC should continue the subsidy, as promised before eviction, till the final settlement is reached,” Singh demanded.

G Mohanty, President of Association of Apartment Owners (AOAO), NBCC Green View Group Housing Project, said that the residents have written a letter to the MHOUA Minister Hardeep Singh Puri and also met the CMD NBCC regarding the issue but to no avail.

“NBCC told us that rentals cannot be provided in perpetuity and therefore, it will stop the payment of rentals beyond November 30, 2022. First, they constructed poor-quality flats, then they forcibly evicted us, and now they have gone back on their promise and stopped our rents. This is arbitrary,” Mohanty said.

He alleged that NBCC is neither settling their dues with interest against the cost of their flats nor willing to pay rent to evacuees.

NBCC’s take

Sources in NBCC said it has ensured the safety of the residents and assisted them financially to relocate.

“Now that the buyback offer has been given and rentals cannot be paid until perpetuity, rentals which were given to only 25 residents have been withdrawn. Since many buyers are not inclined to opt for NBCC's offer, NBCC has initiated the process of mediation and already filed an application to NCDRC (National Consumer Dispute Redressal Commission) in this regard,” sources told Moneycontrol.

NBCC sources said that the rentals were offered only to the resident owners who were residing in the project on the date of eviction notice.

Rentals cannot be paid in perpetuity and buyers have an offer to choose from. Rentals to those buyers have been discontinued from November after giving due notice, the sources said.